No. XI. An Act to amend and consolidate the Laws now

in force relative to the licensing and regu­lating of Public-houses and for the bet ter regu­lat ing the grant ing of Licenses for the sale of Ale Beer Wine Spirits and other Liquors in New South Wales. [12th May, 1830.]

WH E R E A S it is expedient to amend an A c t of t h e Governor and Council passed in t h e seventh year of H i s present Majesty

in t i tu led " An Act for repealing the Laws now in force relative to the " licensing and regulating of Public-houses and for the better regu-" lating and granting of Licenses for the sale of Ale Beer Wine Spirits " and other Liquors in New South Wales in future'' and also another Ac t of t he said Governor and Council passed in t he e igh th year of H i s said Majesty in t i tu led " An Act to amend an Act of the Governor " and Council intituled ' An Act for repealing the Laics now in " 'force relative to the licensing and regulating of Public-houses and " 'for the better regulating and granting of Licenses for the sale of Ale " ' Beer Wine Spirits and other Liquorsin New South Wales in future' " A n d whereas i t is expedient to reduce in to one Ac t all t h e laws and regula t ions re la t ive to t he g r a n t i n g of Licenses and to m a k e fur ther regula t ions and provisions for l icensing and p romot ing good order in Publ ic -houses and for p reven t ing t h e illicit sale of ale beer wine spir i ts and o ther l iquors Be i t therefore enacted by H i s Excellency t h e Governor of New South W a l e s wi th t he advice of t h e Legislat ive Counci l T h a t t h e several laws and regula t ions hereinafter contained and none o ther re lat ive to t h e g r a n t i n g of licenses to publ ic-houses to t h e p r o m o t i n g of good order in such houses a n d to t h e p reven t ing of t h e illicit sale of ale beer wine spiri ts and o ther s t rong and fer­mented l iquors shal l be in force in t h e Colony of New South Wales and i ts Dependencies from and after t h e first day of J u l y nex t after the pass ing of th i s Act .

2. A n d be i t fur ther enacted T h a t from and after t h e said first day of J u l y n e x t after t h e pass ing of th i s Ac t no person or persons whatsoever (except as hereinafter excepted) shal l by himself herself or themselves or by any person employed by h i m her or t h e m or ac t ing on his her or the i r behalf sell re ta i l ba r t e r or exchange or shall in or on any pa r t of his her or the i r house or premises pe rmi t or suffer to be sold retailed bar te red or exchanged any ale beer or other ma l t l iquors or wine cider g inger beer spruce beer b randy r u m or any other fermented or spir i tuous l iquors in any p a r t of t h e Colony of N e w South Wales or i ts Dependencies in less quan t i t y t h a n two gallons of any one of t he aforesaid l iquors wi thou t hav ing first obta ined a l icense in t h e m a n n e r and form hereinafter directed A n d if any person by himself or herself or by any person employed by h im or

2 F her

he r or ac t ing on his or her behalf shal l sell re ta i l b a r t e r or exchange or shal l i n or on any p a r t of his or her house or premises permi t or suffer t o be sold retai led bar te red or exchanged any such l iquors as aforesaid con t ra ry to t h e t r u e in t en t and mean ing of th i s Ac t he or she shal l forfeit for every such first offence t h e s u m of Th i r ty P o u n d s s ter l ing a n d for every such subsequent offence t h e s u m of Fif ty P o u n d s toge ther w i t h t h e costs of prosecut ion to b e recovered in a s u m m a r y way before any t w o or more Jus t i ces of t h e Peace wi th in t h e said Colony and every person so convicted of re ta i l ing any such l iquors as aforesaid wi thou t a license shall be incapabale of receiving or ho ld ing any license to keep a publ ic-house for t h e space of t h ree years to be computed from t h e da te of every such convict ion respectively.

3 . Prov ided always and be i t fur ther enacted Tha t no th ing conta ined in th i s Ac t shal l be deemed or t aken to ex tend or apply to any person prac t i s ing as an apothecary or druggis t who m a y ad­min i s te r or sell any of t h e l iquors before-mentioned as medicines or for medical purposes nor to any person or persons supplying h i s he r or the i r free or assigned servant or servants laborer or laborers out of t h e Towns of Sydney P a r r a m a t t a Liverpool Windso r a n d Newcas t le w i t h any quan t i t y of such l iquors as aforesaid no t exceeding in any one week t h e a m o u n t of one t h i r d of t h e wages a n d earn ings of such servant or servants laborer or laborers du r ing t h e same period.

4. A n d be i t fur ther enacted T h a t every license g ran t ed for sell ing and re ta i l ing l iquors as aforesaid unde r t h e provisions of t h e said reci ted Acts shal l cease and de termine on t h e t h i r t i e th day of J u n e nex t after t h e pass ing of t h i s A c t and t h a t every license to be g r an t ed unde r t h e provisions of t h i s A c t shal l be valid for one year or u n t i l t h e n e x t general l icensing day after t h e da te of such license a n d no longer .

5. A n d for t h e be t te r p reven t ing the g r a n t i n g of licenses to unfi t or improper persons Be i t fu r ther enacted T h a t every person desirous of ob ta in ing a l icense for keep ing a publ ic-house u n d e r the provisions of t h i s A c t or of ob ta in ing t h e renewal of a license before g ran ted shal l on or before t h e first Tuesday of t h e m o n t h of J u n e in th i s present and every following year deliver to t h e Clerk of t h e Bench of Magi s t r a t e s ac t ing in a n d for t he place or distr ict in which such house m a y be s i tua ted a not ice in wr i t ing of his or he r in t en t ion t o app ly for such license and t h a t in every such not ice t he r e shal l be conta ined a full descript ion of t h e dwell ing-house or premises proposed to be licensed wi th a s t a tement of t h e appl icant ' s t r ade or cal l ing and s i tua t ion in life and whe the r mar r i ed or unmar r i ed together w i th t he names residences and addi t ions of h is or her proposed suret ies and t h a t every person giving such not ice shal l in l ike m a n n e r deliver or cause to be delivered w i t h such not ice a certificate signed by th ree or more k n o w n and respectable housekeepers res id ing w i th in such t o w n or distr ict as aforesaid in t h e form prescr ibed in t h e Schedule he reun to annexed m a r k e d A.

6. A n d be i t fur ther enacted T h a t a Genera l Mee t ing of t he Jus t i ces ac t ing in and for each distr ict i n t h e said Colony which is to be advert ised a t least one m o n t h previously and to be called " The Genera l A n n u a l Licens ing Mee t ing " shall be holden in the i r Cour t ­house or u sua l place of mee t ing on t h e t h i r d Tuesday in t h e m o n t h of J u n e in th i s present and in every following year for t h e special purpose of t a k i n g in to considerat ion all applicat ions which shall be made to t h e m for licenses for publ ic-houses as aforesaid and i t shall be lawful for t h e Jus t i ces assembled at such Genera l A n n u a l Licensing Mee t ing th ree a t least be ing present to g r a n t to such persons as shal l

be

be approved by t h e major i ty of such Jus t i ces after t a k i n g t h e requ i red recognizances certificates in t h e form contained in t h e Schedule he r eun to annexed marked B for au thor iz ing t h e g r a n t i n g of such licenses and it shal l be lawful for such Jus t i ces so assembled to ad journ t he considerat ion of all or any of t h e appl icat ions before t b e m from the day of such General A n n u a l Licens ing Mee t ing to such o ther day or days as t he said Jus t i ces shal l from t ime to t ime agree upon Provided always t h a t such ad journments do no t in t h e whole exceed one week after t h e day appoin ted for t h e said General A n n u a l Licens­ing Mee t ing .

7. A n d be it further enacted T h a t every person app ly ing for a license shall before the Jus t ices deliver to h im or her a certificate as afore­said to author ize t he issue of such license en te r in to a recognizance in t h e form contained in t h e Schedule he reun to annexed m a r k e d C wi th two sureties in t h e s u m of fifty pounds each condit ioned t h a t t h e person licensed shall keep t h e law and shall no t pe rmi t a n y person to become d r u n k or to p lay a t cards dice or any o ther game of chance in his or her house or premises or to commit any disorder the re in or to r emain in or u p o n t h e same t ipp l ing or d r ink ing after t h e hour of n ine a t n i g h t or on Sunday at any h o u r always except ing modera te refreshment t o persons who may be bond fide t ravel l ing or who may be inma tes of t h e house nor refuse to admi t any Magis t ra te or Constable t o any p a r t of t he said house or premises nor suffer any convict o ther t h a n his or her assigned servant or servants to be in his or her house on Sunday or after e ight o'clock a t n i g h t on any other day for t he purpose of d r ink ing or gaming and all such recognizances wi th the i r condit ions shal l be regular ly recorded in t h e records of t h e respective Benches and shall w i th in one m o n t h after t h e same are entered in to be t r ansmi t t ed to t h e Clerk of t h e Peace and be by h i m or by t h e person ac t ing as t h e Clerk of t h e Peace or his depu ty filed in his office.

8. A n d be i t fur ther enacted Tha t in case any person desirous of ob ta in ing such certificate for a license shal l be very unab l e t h r o u g h sickness or infirmity to a t t end in person a t any such Genera l or Adjourned Mee t ing of Jus t ices i t shall be lawful for such Jus t i ces to certify i n favour of such person upon th ree sufficient suret ies to be approved as aforesaid en te r ing in to such recognizance each in the s u m of fifty pounds for performance of t h e condit ions of t h e said recognizance which said recognizance shall i n l ike m a n n e r be entered in to in t he presence of t h e majori ty of t h e Jus t i ces t h e n assembled and be signed by a t least two of such Jus t i ces A n d if any Jus t i ce shal l sign a certificate to author ize t he i ssuing of a license before t h e recog­nizance requi red unde r th i s Ac t shall have been fully entered in to and signed such Jus t i ce shall forfeit and pay a pena l ty or s u m of One H u n d r e d P o u n d s to be recovered by act ion of debt in t h e Supreme Cour t and one moie ty of such pena l ty shall be to t he use of H i s Majesty and the o ther to t h e use of t h e person or persons who shal l first inform and sue for t h e same.

9. A n d be i t fur ther enacted Tha t every certificate which shall be g ran ted by t h e Jus t i ces to au thor ize t h e i ssuing of a license as aforesaid shal l after t he pass ing of th i s Act be nu l l and void unless t he same and the s u m required to be pa id for such license be lodged in t he office of t he Collector of I n t e r n a l Revenue or in such o ther office as m a y hereafter be appointed by t h e said Governor for t h a t purpose wi th in fourteen days after t h e date of such certificate a n d t h e said Collector of I n t e r n a l Revenue or o ther officer who m a y hereafter be appoin ted for t h a t purpose shal l and be is hereby author ized and required for thwi th after t h e receipt of every such certificate to issue a license in t h e form conta ined in t h e

Schedule

Schedule he reun to annexed m a r k e d D a n d shall regis ter t h e same in his office upon p a y m e n t be ing m a d e to t h e said Collector of I n t e r n a l Revenue or o ther such officer of t h e s u m of twenty-five pounds s ter l ing for every such license.

10. A n d be it fur ther enacted Tha t Special Genera l Sessions of Jus t i ces of t h e Peace shal l be holden on t h e first Tuesday in t he m o n t h of J a n u a r y t he first Tuesday in t h e m o n t h of Apr i l and on the first Tuesday in t h e m o n t h of October in every year in each town or distr ict in which such Genera l A n n u a l Licens ing Mee t ing shal l be holden as hereinbefore directed for t h e purpose of receiving applica­t ions for t rans fe r r ing licenses and it shall be lawful for t h e Jus t i ces assembled a t such Special Genera l Sessions th ree or more being present to t ransfer t h e license of any house licensed as aforesaid to t h e appointee or appointees of t he or iginal holder of such license such appointee or appointees p roduc ing the l ike certificates and en te r ing in to t he same recognizances as t he original p a r t y or par t ies ob ta in ing t h e same is or are by th i s Ac t bound to produce and enter in to .

1 1 . A n d be it fu r ther enacted Tha t t h e executor or adminis t ra tor or t rus tees in insolvency of any person hold ing a license unde r th i s A c t shal l be ent i t led to car ry on t h e business of t h e house so licensed as aforesaid wi thou t renewing the same license du r ing six m o n t h s or u n t i l t h e n e x t l icensing day following the decease or legally declared insolvency or t h e execut ion and regis t ry of t h e t r u s t deed of t he person or persons hold ing such license as aforesaid Provided always t h a t t h e license of such house shall be subject t o t h e same regula t ions as if i t h a d cont inued to be holden by t h e person or persons to w h o m t h e same was original ly g ran ted and t h a t new recognizances be entered in to according to t h e provisions of th i s Act .

12. A n d be i t fur ther enacted T h a t no Jus t i ce of t h e Peace be ing a brewer mals te r or disti l ler or an impor te r of or dealer in wine or any m a l t or sp i r i tuous l iquors or concerned in pa r tne r sh ip wi th any brewer ma l s t e r or distiller or dealer in wine or m a l t or sp i r i tuous l iquors or be ing t h e owner or pa r t owner of or t rus tee m a n a g e r or agent for any owner or pa r t owner of any house licensed or about to be licensed or be ing directly or indirect ly in teres ted in any such house shal l sit a t or act in any mee t ing of Jus t i ces du r ing t h e considerat ion of any appl ica t ion for a certificate for a l icense or of any t h i n g re la t ing there to or shal l convict or jo in in any conviction or in t h e considera­t ion or de te rmina t ion of any appeal unde r t h i s Ac t A n d every Jus t i ce who shal l knowing ly offend in t h e premises shall for every such offence forfeit and pay a pena l ty or s u m of One H u n d r e d P o u n d s to be recovered by act ion of debt in t h e Supreme Cour t t he one moie ty thereof to be to t h e use of H i s Majesty and t h e other to t h e use of any person who shall first inform and sue for t h e same.

13 . A n d be it fur ther enacted T h a t whenever a t any of t h e mee t ings to be holden for any town or district as aforesaid the re shal l no t be presen t a t least t h ree Jus t i ces who are no t disqualified i t shal l be lawful u p o n the reques t in wr i t ing of any Jus t i ce or Ju s t i ce s of such town or dis t r ic t for t h e Jus t i ces ac t ing in any adjoining t o w n or dis t r ic t and no t disqualified to act wi th in such town or dis t r ic t and wi th t h e Jus t i ce or Jus t i ces thereof no t as hereinbefore disqualified who shall be present at any such mee t ing as aforesaid for t h e purpose of g r a n t i n g or t ransfer r ing licenses u n d e r or of hear ing complaints as to offences agains t th i s Act .

14. A n d be it fur ther enacted Tha t t he Jus t ices of each district by whom any certificate or certificates for licenses shal l be granted unde r the provisions of th i s Ac t shall t r ansmi t to t h e Colonial Secretary for t h e t ime-be ing wi th in t en days after t h e g ran t ing of such certificates as aforesaid a list signed by the said Jus t ices of all t h e

persons

persons to w h o m t h e y shall have so gran ted certificates specifying the s i tua t ion a n d sign or n a m e of each house i ts distance from t h e neares t l icensed house i n each l ine of road if no t in a t o w n t h e n a m e of t he owner or propr ie tor whe the r before licensed or no t and also t h e names a n d residences of t h e suret ies.

15 . A n d be i t fur ther enacted Tha t if i t shal l a t any t ime appear to t h e Governor t h a t it is expedient t o g ran t a license to any canteen or marke t -house or t o any house no t before licensed on a n y l ine of road i t shall be lawful for t h e said Governor to order a l icense to be g ran ted to any such person or for any such house a t any period of the year Provided always T h a t no such l icense shall be g ran ted un t i l t he recognizances r equ i red by th is Ac t shall have been entered in to and un t i l t h e year ly price of the license be pa id unless t h e said Governor shall t h i n k lit t o remi t t h e whole or any p a r t of such price in con­siderat ion of t h e shortened dura t ion of such license or o ther special c i rcumstances .

16. A n d be i t fur ther enacted Tha t no person hold ing office or employment unde r t h e Government no unde r sheriff bailitf or other sheriff's officer nor any constable nor any licensed auct ioneer nor any person serving under a sentence for any cr iminal offence no r any w o m a n whose h u s b a n d shall be so serving under a sentence for any c r imina l offence whe the r any such sentence be par t ia l ly r emi t t ed or no t except ing by a condit ional pa rdon shall hold any license unde r t h e provisions of th i s Ac t nor shall any such person nor any publ ican be received or t a k e n as sure ty in any recognizance to be entered i n t o as aforesaid.

1 7 . A n d be i t fur ther enacted T h a t every person who shall be l icensed to keep a public-house shall and he is hereby required to have his or he r n a m e a t l eng th pa in ted in legible le t ters a t least th ree inches long wi th t h e words " Licensed to re ta i l wines a n d spir i tuous l i quo r s " on some conspicuous p a r t of his or her premises and to have a l a m p w i t h a t least two burners affixed over t h e door of h is or her house l ighted and to be kep t b u r n i n g t h e whole of each and every n i g h t d u r i n g t h e t i m e of his or he r ho ld ing such license A n d any such licensed person who shall fail or neglect to have h is or her n a m e so pa in t ed and to have a l a m p so affixed l ighted a n d kep t b u r n i n g shal l for every such offence forfeit and pay a s u m no t less t h a n One P o u n d no r more t h a n F i v e Pounds .

18 . A n d be i t fur ther enac ted Tha t if any person not actual ly hold ing a license shall keep u p any sign wr i t i ng p a i n t i n g or other m a r k on or near to his house or premises which m a y imply or give reasonable cause to believe t h a t such house or premises is or are l icensed for t h e re ta i l or b a r t e r of such l iquors as aforesaid or t h a t such l iquors are sold served or retai led the re in such person shal l for every such offence forfeit and pay a s u m no t less t h a n Ten P o u n d s nor m o r e t h a n F o r t y P o u n d s .

19. A n d be i t fu r ther enacted Tha t if any licensed person shal l offend agains t t h e t enor of h is or he r license or shall in any respect commit a b reach of or otherwise be gui l ty of any offence agains t any condition of t h e recognizance by h i m or he r entered in to he or she shall upon being lawfully convicted before two or more Jus t i ces of the Peace forfeit and pay or become l iable to t he several penal t ies or disabilities hereinafter ment ioned t h a t is t o say for t h e first offence a s u m of not less t h a n Twen ty Shil l ings nor more t h a n Ten P o u n d s w i t h costs and for t he second offence a s u m of no t less t h a n Two P o u n d s nor more t h a n Twenty P o u n d s wi th costs and for t h e t h i r d or a n y subsequent offence i t shall be lawful for any one Jus t i ce upon compla in t or information of such th i rd or subsequent offence to issue a s u m m o n s requ i r ing t he person so complained of or informed against

to

t o appear a t t he n e x t Cour t of Q u a r t e r Sessions to he holden for t h e distr ict neares t to t h e place where such l icensed person resides t h e n and t h e r e to answer to t h e m a t t e r of such compla in t or informat ion and also to h ind t h e compla inant or in formant a n d any other person or persons to appear a t such Sessions and give evidence agains t such licensed person A n d t h e Jus t i ces of t h e Peace a t such Sessions shal l enqui re of t h e offence charged i n t he said compla in t or informat ion and if t hey find t h a t such licensed person h a t h commit ted t h e offence agains t t he tenor of his or he r license or recognizance in t h e said compla in t or informat ion specified and t h a t such l icensed person h a t h been twice or oftener previously convicted of offences agains t t h e tenor of h is or he r license or recognizance i t shal l he lawful for t h e said Jus t i ces a t such Sessions to adjudge such licensed person gu i l ty of such t h i r d or subsequent offence which adjudicat ion shal l be final and the reupon t h e said Jus t i ces shal l have au thor i ty to pun i sh t h e pa r ty so convicted by a fine or pena l ty of not less t h a n Ten P o u n d s nor more t h a n One H u n d r e d P o u n d s or (at t h e discretion of t h e said Just ices) by declar ing his or he r recognizance to be forfeited a n d also (at the i r discretion) his or her license to be void and such recognizance shall be forfeited and such license from thenceforth be void accordingly a n d t h e said person whose license shall be declared void shall from thencefor th be declared to be incapable of receiving or ho ld ing any license unde r th i s Ac t for t h e space of t h ree years to be computed from t h e da te of such adjudicat ion.

20. Provided a lways and be i t fu r ther enacted Tha t no recog­nizances shal l be declared forfeited unless u p o n such adjudicat ion b y the said Cour t of Q u a r t e r Sessions upon such t h i r d or subsequen t convict ion and in every proceeding u n d e r th i s Ac t agains t a person as a l icensed pub l ican t h e p roduc t ion of his or he r recognizance shall be evidence of his or he r be ing such licensed publ ican a n d if such licensed person so complained of or informed against for such th i rd or subsequent offence shal l no t appear a t such n e x t Q u a r t e r Sessions p u r s u a n t to t he s u m m o n s i t shall be lawful for t h e Jus t i ces in such Sessions assembled on proof of t h e service of such summons to enqui re in to and de te rmine t h e m a t t e r of t h e said compla in t or information and in all respects t o proceed agains t any person so summoned and no t appea r ing in t h e same m a n n e r as if he or she h a d appeared.

2 1 . A n d be i t fu r ther enac ted Tha t no licensed person sha l l m a i n t a i n any act ion for or recover any debt or demand on account of sp i r i tuous l iquors unless such debt shal l bond fide have been contrac ted a t one t ime to t h e a m o u n t of t w e n t y shi l l ings or upwards n o r shal l any item, i n any account for sp i r i tuous l iquors be allowed where t h e l iquors bond fide delivered a t one t i m e shal l n o t a m o u n t to t h e full s u m of t w e n t y shil l ings Provided always t h a t n o t h i n g here in conta ined shal l ex tend to p reven t innkeepers from keeping a n account w i t h lodgers and t ravel lers in which any charge for spir i ts m a y be included a n d recovering the a m o u n t thereof in a Cour t of Jus t ice .

22. A n d be i t fur ther enacted T h a t if t h e keeper or occupier of any publ ic-house licensed as aforesaid shal l t ake or receive from a n y person whatever in paymen t or in pledge for l iquor or for a n y enter­t a i n m e n t whatsoever suppl ied in his or her house any art icle of c lo th ing or slops or any tool or other ar t icle or t h i n g except ing meta l l ic or paper money such occupier or possessor of a public-house so offending shal l upon conviction before two Magis t ra tes for such offence forfeit t he sum of Twenty P o u n d s s ter l ing.

23 . A n d be it fu r ther enacted Tha t every keeper of a licensed house shall sell or otherwise dispose of all l iquors by retai l (except in quant i t i es less t h a n a half-pint) by t h e gallon q u a r t p in t or half-pint of full legal measure according to t he s tandard which is or shall a t any

t ime

t ime hereafter he author ized in th i s Colony and shal l also if r equ i red by any gues t or cus tomer pu rchas ing such l iquor re ta i l t he same in a vessel sized according to such s t anda rd and in default thereof he shal l for every such offence forfeit t h e illegal measure and pay a s u m n o t exceeding F o r t y Shil l ings together wi th t he costs of t h e conviction to be recovered wi th in t h i r t y days nex t after t h a t on which such offence was commit ted in a s u m m a r y way before any one or more J u s t i c e or Jus t i ces of t he Peace.

24. A n d be i t fur ther enacted T h a t every house which shall be l icensed under th i s Ac t shal l conta in a t least two s i t t ing rooms a n d two sleeping rooms for publ ic accommodat ion independent of t h e a p a r t m e n t s occupied by t h e family of t he publ ican and t h a t if any innkeeper or keeper of a licensed publ ic-house u p o n any l ine of road in t h e Colony shal l w i thou t reasonable cause refuse to receive a t ravel ler as a gues t in to his or her house or t o find any such t ravel ler v ic tua ls or lodging or to receive t he horse of a t ravel ler a n d to provide such horse w i th food a l though t h e owner do not lodge in his or her house every such innkeeper or keeper of such licensed house as aforesaid shall for every such offence forfeit and pay a s u m of no t less t h a n Five P o u n d s no r more t h a n Twenty P o u n d s upon conviction in a s u m m a r y way before any one or more J u s t i c e or Jus t i ces of t h e Peace.

25. A n d be i t fur ther declared and enacted T h a t every house licensed as here in provided shall be considered as a common i n n and no goods or cha t te l s whatsoever bond fide t he p rope r ty of any s t ranger or s t r angers and be ing in such l icensed house or t he appur t enances thereof or any p lace used a n d occupied the rewi th in t h e ord inary course of resor t a t such l icensed house shal l be subject to be dis t ra ined or seized for or in respect of any claim of r e n t for such licensed house or appu r t enances a n d if any such goods or chat te ls shal l be distrained or seized for r e n t con t r a ry to t he provisions of t h i s Ac t i t sha l l be lawful for a n y two or more Jus t i ces of t he Peace to enqui re in to any compla in t m a d e in respect of such distress or seizure in a s u m m a r y m a n n e r a n d to order such goods a n d chat te ls to be res tored to t he owne r or propr ie tor thereof and fu r the r to award such reasonable costs as shal l be incur red b y such s u m m a r y proceeding and such costs to levy by distress and sale of t h e goods or effects of t h e person or persons d i s t ra in ing or seizing such goods or chat te ls as aforesaid.

26. A n d whereas by an A c t of t h e Governor and Council passed in t h e fifth year of H i s present Majesty in t i tu led " An Act " to prevent the harbouring of Runaway Convicts and the encouraging " of Convicts tippling and gambling " i t is enacted T h a t t h e occupier or possessor of every licensed publ ic-house who shall admi t or receive in to his her or the i r house a convict for t he purpose of d r i nk ing or g a m b l i n g wi thou t t h e leave of his or her overseer mas te r or mis t ress shall pay to t h e K i n g a fine no t exceeding Twenty Dol lars nor less t h a n P o u r Dol la rs for every convict w h o m he she or t h e y shall so admi t or receive as aforesaid Now be it enacted by the au thor i ty and wi th t h e advice aforesaid Tha t from and after t h e pass ing of th i s A c t any such fine so imposed shal l no t exceed Five P o u n d s nor be less t h a n One P o u n d and t h a t no fine shal l be levied upon any licensed publ ican for en t e r t a in ing a convict or convicts unless it shall be proved t h a t he has so done on a Sunday or after e ight o'clock a t n i g h t on any other day of t he week A n d in order to enforce fur ther t h e object of th i s provision be i t enacted T h a t every convict assigned to pr iva te in­dividuals or in t h e employment of t h e Crown be ing in t h e street or road after e ight o'clock a t n i g h t and not hav ing a wr i t t en pass from his or her employer or overseer or ca r ry ing a conspicuous l ight shall be t a k e n in to custody and shall be deemed gui l ty of disorderly conduct and deal t w i th as by law directed in such case.

27.

27. A n d be it fur ther enacted T h a t it shal l be lawful for any Jus t i ce of t he Peace or any Constable general ly authorized by a J u s t i c e of t h e Peace in t ha t behalf t o demand en t r ance in to any licensed publ ic-house at any t ime by day or n igh t a n d if admi t tance be no t g ran ted wi th in such a reasonable t ime as shal l m a k e i t appear t h a t no wilful delay was in tended t h e license shal l be forfeited upon conviction before any two Jus t i ces of t h e Peace any t h i n g hereinbefore contained to the con t ra ry no twi ths t and ing and no license shal l again be g ran ted to any person who shal l be so convicted of refusing or wilfully delaying admi t t ance for t he space of t h ree years from the da te of such conviction Provided always t h a t if such admi t t ance be refused or wilfully delayed it shall be lawful for such J u s t i c e or Constable to break in to such publ ic-house wi th his ass is tants to serve process or for any other lawful purpose.

28. A n d be it fur ther enacted T h a t if any licensed person shall abandon t h e occupat ion of his or her licensed house as his or her usua l place of residence and pe rmi t any person whatsoever to m a n a g e super in tend or conduct t h e business of such house or shal l whe the r res iding in such house or not pe rmi t any unl icensed person or persons to become v i r tua l ly or in effect t h e keeper or keepers thereof t h e n or in e i ther of t h e said cases upon proof of t he fact to t h e satisfaction of any two or more Jus t i ces of t he Peace t h e license of such house for t he cur ren t year shall become a n d be absolutely void any t h i n g hereinbefore contained to t he con t ra ry no twi th s t and ing or a t t h e discret ion of t h e said convict ing Jus t i ces such licensed person shall forfeit and pay for such offence a pena l ty or s u m of no t less t h a n Th i r ty P o u n d s nor more t h a n Fif ty P o u n d s .

29. A n d be it fu r ther enacted Tha t if any licensed person shall employ any unl icensed person to sell re ta i l or ba r t e r any such l iquors as aforesaid in any house car t dray or o ther carr iage or in any vessel or boa t or in any place whatever out of t h e licensed house and premises of such licensed person or if any licensed person shall sell ba r te r or lend to any unl icensed person any such l iquors as aforesaid wi th t he know­ledge or upon the unde r s t and ing tha t such l iquors are to be sold retai led or ba r te red by such unl icensed person cont rary to t he t r u e i n t en t and mean ing of th i s Ac t every such licensed person shall u p o n convict ion of any such offence before any two or more Jus t i ces of t h e Peace imme­diately forfeit his or he r license for t h e cur ren t year a n d be incapable of ho ld ing a license in fu ture or shal l a t t h e discret ion of t he said con­vict ing Jus t ices forfeit and pay a pena l ty or s u m of n o t less t h a n T h i r t y P o u n d s nor more t h a n One H u n d r e d P o u n d s Prov ided always t h a t no th ing here in conta ined shall ex tend or be construed to ex tend to prohibi t any licensed person from sell ing and re ta i l ing any ale beer or other l iquors as aforesaid in booths or otherwise at t he t ime and place of hold ing any lawful or accustomed fair.

30. A n d be i t fu r ther enacted T h a t no ale beer wine cider g inger beer spruce beer b r a n d y r u m or any other fermented or sp i r i tuous l iquors shall be sold bar te red or exchanged in any quan t i t y whatever in any house or on any premises in or on which a retai l shop is k e p t and if t h e keeper of any such reta i l shop or any dealer in wares provisions or any o ther t h i n g by retai l (not be ing licensed unde r th i s Act) shall sell ba r t e r or exchange any such l iquors as aforesaid in any quan t i t y whatever in his or he r shop or premises or shall supply or deliver any such l iquors to any person coming to his or her house warehouse shop or premises to buy any such wares or o ther th ings under t h e pre tence of such las t -ment ioned person be ing a cus tomer or unde r any other pre tence or if any unl icensed person shall sell or deliver any such l iquors in a quan t i t y exceeding two gallons with an unde r s t and ing t h a t p a r t thereof shall be r e tu rned so tha t after such

part

p a r t shal l have been r e tu rned t h e quan t i t y ac tual ly sold or delivered shal l be u n d e r two gallons t h e n and in each of such cases such re ta i l shopkeeper dealer or person shall upon being convicted of any such offence before two or more Jus t i ces be liable to t h e same pena l ty as if he or she had been convicted of selling any such l iquors as aforesaid b y re ta i l wi thou t a license cont ra ry to t h e provisions of th i s Ac t .

3 1 . A n d be i t fur ther enacted Tha t i t shal l and m a y be lawful for a n y Jus t i ce of t h e Peace Constable or o ther Peace Officer t o seize a n d t ake away or to destroy or cause to be seized t aken away or destroyed all such spir i tuous or other l iquors as aforesaid as shall be hawked about or exposed to sale in any street footpath road or any other place whatever or in any booth t en t stal l or shed or in any boat or vessel by any person no t licensed to sell t h e same in such place and t h e vessels conta in ing the same and all vessels a n d utensi ls used for d r ink ing or measu r ing the same and any car t dray or o ther carr iage a n d any horse or horses or o ther a n i m a l or an imals employed in d rawing or ca r ry ing t h e same as well as any boat or vessel used in t h e conveyance of such l iquors as aforesaid a n d i t shal l be lawful for any one or more J u s t i c e or Jus t ices of t h e Peace on his or the i r own view or on confession of t h e p a r t y or by proof of such offence by the oath of one or more credible witness or witnesses to convict any person so offending of sell ing spir i ts w i thou t a license and to adjudge h im her or t h e m liable to all t he penal t ies imposed by th is Ac t for such offence and to cause such l iquors vessels and utensi ls conta in ing t h e same and any car t d ray or o ther carr iage horse or horses or o ther an ima l or an imals and any boat or vessel used in conveying t h e same to be sold and t h e proceeds thereof after deduc t ing t h e expenses of sale shal l be pa id one moiety to t h e use of t he K i n g a n d t h e other moiety to t he person or persons who m a y in any such case first seize inform or prosecute .

32. A n d be it fur ther enacted Tha t upon informat ion on oath be ing m a d e before any Jus t i ce of the Peace by any Constable or credible person t h a t he or she doth veri ly suspect and believe t h a t any such l iquor or l iquors as aforesaid is or a re hab i tua l ly sold or re ta i led in any pa r t i cu la r unlicensed house or o ther unl icensed place and such Constable or o ther person shall in such informat ion set for th and shew reasonable g rounds for such belief and suspicion t h e n and in such case it shal l be lawful for such Jus t i ce in his discret ion to g r a n t his w a r r a n t to any Constable to enter and search any such house or o ther place ei ther by day or by n igh t and such Constable m a y b reak open t h e doors if no t opened wi th in a reasonable t ime after demand and seize all such fermented or sp i r i tuous l iquors as aforesaid as he shal l t h e n a n d there find and t h e vessel or vessels in which such l iquors shal l be contained and shal l a n d may detain t he same u n t i l t h e owner thereof shal l appear before1 two or more Jus t i ces to claim such l iquors a n d shal l satisfy t h e said Jus t i ces how and for w h a t purpose he became possessed of t he same; a n d if i t shall appear to t h e said Jus t i ces after due enqui ry and examinat ion t h a t such l iquors were in t h e said house or o ther place for t he purpose erf be ing illegally sold or disposed of by re ta i l t hen such Justice's shall adjudge the said l iquors and vessel or vessels t o be condemned and forfeited and the same shal l a n d may be sold and the; proceeds thereof after p a y m e n t of such costs as m a y be assessed a n d awarded by such Jus t i ces shal l be applied and dis t r ibuted in equal moiet ies to t h e use of H i s Majesty and to or amongs t t h e p a r t y or par t ies so informing b u t if otherwise t h e n such l iquors and vessel or vessels shal l be for thwith res tored to t h e proper owner.

33 . A n d be i t further enacted Tha t if any felon whe the r his oi­lier sentence be par t ia l ly r emi t t ed or not shal l be convicted of sell ing or re ta i l ing any such l iquors as aforesaid it shall be lawful for t he

2 G Jus t ice

J u s t i c e or Jus t i ces before w h o m such felon shal l be so convicted to sentence such felon to be t r anspo r t ed to a pena l se t t lement t he r e to be kep t to h a r d labor for any t e r m no t less t h a n t h r ee years nor more t h a n seven years or if such felon should be a female t h e n at t h e dis­cret ion of t h e said J u s t i c e or Ju s t i ce s to be confined in t h e t h i r d or pen i ten t ia ry class of t he F e m a l e F a c t o r y for any t e r m no t less t h a n six m o n t h s no r m o r e t h a n one year .

34. A n d be it fur ther enacted Tha t i t shal l be lawful for any two or m o r e Jus t i ces to de te rmine t h e fact of w h a t is sell ing or re ta i l ing w i t h o u t a license in any house or premises according to t h e circum­stances of t h e case w i thou t direct evidence of money or o ther value h a v i n g been given for t h e spir i ts or other l iquors sold or delivered and w i t h o u t any direct evidence as to t h e pe r son or persons by w h o m any such spir i ts or o ther l iquors m a y have been ac tua l ly sold or del ivered t h e occupier or ostensible occupier of t h e house or p remises be ing a n d h e or she is hereby declared to be ent i re ly responsible for al l offences commit ted in or on his or her house or premises con t r a ry to t he provis ions of th i s Ac t .

35 . A n d be i t fur ther enacted T h a t in all proceedings what­soever aga ins t any person for re ta i l ing or p e r m i t t i n g or suffering to be re ta i led any such l iquors w i t h o u t a license such person shall for all purposes connected wi th those proceedings be deemed and t aken to be unl icensed unless he or she shal l a t t h e hea r ing of t h e case p roduce his or he r l icense before a n d exhibi t t h e same to t h e s i t t ing Jus t i ce s or shal l t h e n and the re p roduce o ther satisfactory proof of h is or he r be ing a l icensed person.

36 . A n d be i t fu r ther enacted T h a t if any person be convicted of keep ing a disorderly house or of unlawful ly re ta i l ing any such l iquors as aforesaid t he house a n d premises of such person and t h e house lodging shop or warehouse where such offence shal l have been commi t t ed a n d any cour t or ya rd connected t he rewi th if occupied by t h e p a r t y or par t ies so convicted shal l be l iable to be searched a t any t ime of t h e day or n i g h t by a n y Constable or Constables or other Peace; Officer or Officers w i t h or w i t h o u t a w a r r a n t for six m o n t h s n e x t after such convict ion and all such l iquors as aforesaid as shal l a t any t i m e wi th in t h e said six m o n t h s be found in any such house lodging shop cour t ya rd or premises shal l and m a y be seized and for thwi th removed a n d disposed of in t h e m a n n e r hereinbefore directed for t h e disposal of such l iquors seized in an unl icensed house .

37. A n d for t h e more effectual d iscouragement of t ipp l ing a n d d r i nk ing in unl icensed houses be it fur ther enacted Tha t every person to w h o m after t h e pass ing of th i s Ac t any such l iquor shall be sold or re ta i led in a less quan t i t y t h a n two gal lons by any unl icensed person shal l forfeit and pay a pena l ty of not less t h a n F i v e P o u n d s no r m o r e t h a n Twenty-five P o u n d s to be recovered in a s u m m a r y way before any two or more Jus t i ces of t h e Peace unless such person shal l inform agains t such unl icensed person or vo lun ta r i ly become a wi tness aga ins t h i m or he r in respect of such act of sell ing and retai l ing.

38 . A n d be i t fur ther enacted Tha t if any person or persons shal l be s u m m o n e d as a witness or witnesses to give evidence before any such J u s t i c e or Jus t i ces of t h e Peace touch ing any of t h e m a t t e r s aforesaid ci ther on t he p a r t of t h e prosecut ion or of t h e person or persons accused and shal l neglect or refuse to appear a t t he t ime a n d place to be for t h a t purpose appoin ted wi thou t a reasonable excuse for such h is he r or the i r neglect or refusal to be al lowed of by such J u s t i c e or Jus t i ces of t h e Peace or appear ing shall refuse to be examined on oa th and give evidence before t he J u s t i c e or Jus t ices before w h o m such prose­cut ion shal l be depending t h a t t h e n every such person shall forfeit for every such offence a s u m not less t h a n F ive P o u n d s nor more t h a n

Thi r ty

Thi r ty P o u n d s to he recovered in a s u m m a r y way before any two Jus t i ces of t h e Peace.

39. A n d be i t fur ther enacted T h a t every conviction shal l by t h e Jus t i ce s before w h o m t h e same shal l have been h a d be r e tu rnab l e to t h e n e x t Cour t of Q u a r t e r Sessions to be holden neares t to t h e place in which such convict ion shal l t ake place and t h e record of such convict ion shall unless t h e same be afterwards quashed on appeal be received as evidence of such conviction aga ins t t he p a r t y thereby convicted in any prosecut ion to be ins t i tu ted agains t h im or her for any offence unde r th is A c t a n d t h e Clerk or A c t i n g Clerk of t h e Peace or his deputy to w h o m such conviction shall be r e t u r n e d shall on such r e t u r n (if t h e same re la te to a licensed publ ican) cause to be m a d e a m e m o r a n d u m of such conviction in a regis ter which h e is hereby directed to keep of the names and places of abode of t he several persons licensed and shal l in every such m e m o r a n d u m state whe ther such convict ion be t h e first second th i rd or o ther subsequent conviction of t h e offence.

40. A n d be i t fu r ther enacted Tha t if any Constable or o ther Peace Officer shall refuse or neglect to execute any p a r t of t h e du ty imposed upon Constables or Peace Officers by th i s Ac t or to m a k e an immed ia t e repor t to t h e Super in tenden t of Police or o ther Ju s t i ce of t h e Peace after he shall have received informat ion or shal l have otherwise obta ined a knowledge of any proceedings in violat ion of any of t h e provisions here in conta ined such Constable or o ther Peace Officer upon convict ion before one or more Jus t i ce or Jus t i ces of t h e Peace of any such refusal or neglect shal l be subject a n d l iable to a fine no t exceeding Fifty P o u n d s or to be impr isoned for any t e r m no t exceeding two years for every such offence.

4 1 . A n d be i t fu r ther enacted T h a t all proceedings in respect to offences commit ted aga ins t t he provisions of th i s Ac t which are hereby directed to be h a d before a n y one or more Jus t i ce or J u s ­tices of t h e Peace or any Cour t of Q u a r t e r Sessions shall be hea rd and de te rmined in a s u m m a r y way and upon informat ion exhibi ted or compla in t m a d e to t h e m such J u s t i c e or Jus t i ces or Cour t respectively shal l s u m m o n t h e p a r t y accused and also t h e witnesses on e i ther side a n d upon appearance or in default of n o t appear ing shal l proceed to hea r t he m a t t e r a n d examine t h e witnesses on oa th a n d give j u d g m e n t the re in a n d u p o n proof of t h e offence ei ther by confession or by t h e oa th or oa ths of one or more credible wit­ness or witnesses m a y convict t h e p a r t y accused a n d if h e or she being t h e n p resen t shal l n o t a t the t ime or if absent w i th in t h r ee days after not ice ci ther personal ly served upon h i m or he r or left for h i m or her a t t h e place where t h e offence was commit ted pay the fines a n d penal t ies which shall have been imposed under t h e au thor i ty of t h i s A c t toge ther w i t h t h e costs a n d expenses which arc to be ascer ta ined and assessed by such Jus t i ce or Jus t i ces or Cour t respectively t h e same shal l be levied by distress and sale of t he goods and chat te ls of such offender wherever they m a y be found and for th i s purpose if necessary any two Jus t i ces m a y g r a n t a w a r r a n t to author ize t he b r e a k i n g open of t h e door or doors of t h e p a r t y so convicted Provided a lways t h a t one moiety of all fines a n d penal t ies so levied shall go to t h e use of H i s Majesty and t h e o ther moie ty thereof shal l go to t he p a r t y or par t ies informing and su ing for t h e same.

42. A n d be i t fur ther enacted Tha t if i t should appear to t h e Jus t i ces who shal l have so convicted any offender or offenders as aforesaid t h a t t he goods a n d chat te ls of such offender or offenders are no t sufficient whereon to levy the distress awarded toge the r w i t h t he costs of such distress and sale i t shal l be lawful for such Jus t i ces or any two or more of t h e m to issue the i r w a r r a n t for t he apprehens ion

of

of such offender or offenders a n d to commit h i m her or t h e m to gaol for any t e r m not exceeding six m o n t h s nor less t h a n four m o n t h s Provided never theless t h a t if any such offender shal l pay or cause to he pa id in to t h e h a n d s of t h e Sheriff or Jus t i ces t he a m o u n t of t h e forfeiture or pena l ty imposed and the costs toge ther w i th all t h e costs of t he apprehension of h i m or her and of his or her convey­ance to gaol a t a n y t ime previous to t he expi ra t ion of t h e t ime for which such offender shall have been so commi t t ed such offender shall be fo r thwi th discharged.

4 3 . A n d be it fur ther enacted Tha t it shall be lawful for t he Jus t i ces to dismiss wi th costs any charge b r o u g h t against a mas t e r or employer for re ta i l ing any such l iquors as aforesaid to his or her own assigned or free servants or laborers out of t he towns aforesaid provided the l iquor retai led be proved not to have exceeded in a m o u n t one- thi rd of h is or he r wages or ea rn ings as hereinbefore l imi ted.

44. A n d be i t fur ther enacted Tha t no conviction shal l be had under th i s A c t on any case h a p p e n i n g more t h a n th ree m o n t h s before t h e t i m e of l ay ing t h e charge.

45 . A n d be i t fu r ther enacted T h a t any person who shal l t h i n k himself or herself aggr ieved by any act of any Jus t i ce or Jus t i ces done unde r or concerning t h e execut ion of th i s L a w or Ord inance m a y appeal agains t such act to t h e nex t Cour t of Q u a r t e r Sessions to be ho lden in a n d for t h e distr ict neares t t o t h e place where t he cause of such compla in t shall have arisen unless such Sessions shal l be holden wi th in twelve days nex t after such act shal l have been done and in t h a t case to t h e nex t subsequent Cour t of Q u a r t e r Sessions to be holden as aforesaid b u t no t af terwards provided t h a t such person shal l give to such Jus t i ce or Jus t ices not ice in wr i t i ng of his or he r in t en t ion to appeal a n d of t h e m a t t e r or act to be appealed aga ins t w i t h i n five days n e x t after such act shal l have been done and seven days a t t he least before such Cour t of Q u a r t e r Sessions shal l be holden a n d shal l w i t h i n such five days enter in to a recognizance w i t h two sufficient suret ies before a J u s t i c e of t h e said distr ict condit ioned to appear a t t h e said Cour t and to t r y such appeal and to abide t h e j u d g m e n t of t h e Cour t t h e r e u p o n a n d to pay such costs as shal l be by t h e Cour t awarded and upon such not ice be ing given and such recog­nizance be entered in to t h e J u s t i c e before w h o m t h e same shal l be entered in to shal l l iberate such person if in custody for any offence in reference to which t h e act in tended to be appealed agains t shal l have been done and t h e Cour t of Q u a r t e r Sessions shal l hear and de te rmine in a s u m m a r y way t h e m a t t e r of such appeal and shall m a k e such order the reon wi th or w i t h o u t costs as to t h e said Cour t shal l seem mee t and in case t h e act appealed aga ins t shal l be t h e refusal to g r a n t or t o t ransfer any license and t h e j u d g m e n t unde r which such act was done shal l be reversed i t shal l be lawful for t h e said Cour t to g r a n t or to t ransfer such license in t h e same m a n n e r as if such license b a d been g ran ted a t t h e Genera l A n n u a l Licensing Mee t ing or h a d been t ransfer red a t a Special Sessions a n d t h e j u d g m e n t of t h e said Cour t of Q u a r t e r Sessions shal l be final and conclusive to all i n t en t s and purposes and in case of t h e dismissal of such appeal or t h e affirmance of t he j u d g m e n t on which such act appealed agains t was done t h e said Cour t shal l adjudge and order t h e said j u d g m e n t to be carr ied in to execut ion and t h e costs awarded to be paid and shal l if necessary issue process for enforcing such order Provided a lways T h a t t h e costs to be awarded on any one appeal shall not exceed in t h e whole t h e s u m of Live P o u n d s and provided also t h a t no J u s t i c e shall act in t h e hea r ing or de te rmina t ion of any appeal from any act done by h i m in or concerning t h e execut ion of th i s Act .

46.

46 . A n d be i t fu r ther enacted T h a t where any person shal l have given not ice of h is or he r in ten t ion to appeal as aforesaid and shal l have entered in to recognizance as hereinbefore directed i t shal l be lawful for t h e Jus t i ce before w h o m such recognizance shal l be en te red in to to s u m m o n any person whose evidence shal l appear to h i m to be mate r ia l and to requi re such person to be bound in recogni­zance to appear a t t h e said Cour t of Qua r t e r Sessions and to give evidence in such appeal and in case any such person as aforesaid shall neglect or refuse to obey such s u m m o n s or shall refuse to enter in to such recognizance i t shall be lawful for such Jus t i ce as aforesaid to issue his w a r r a n t to apprehend such person so neglect ing or refusing and to b r i ng h i m before such Jus t i ce and if such person shal l cont inue to refuse to en te r in to such recognizance to commit h i m to gaol t he r e to r emain u n t i l he shal l enter in to such recognizance or shal l be otherwise discharged by due course of law.

47 . A n d be i t fur ther enacted T h a t in every case where not ice of appeal aga ins t t h e j u d g m e n t of any Jus t i ce or Jus t i ces in or concerning t h e execution of th i s Ac t shal l have been given and such appeal shal l have been dismissed or t h e j u d g m e n t so appealed agains t shal l have been affirmed or such appeal shal l have been abandoned i t shall be lawful for t he Cour t to w h o m such appeal shal l have been made or in tended to be m a d e and such Cour t is hereby requi red to adjudge and order t h a t t h e pa r ty so h a v i n g appealed or g iv ing not ice of his in ten t ion to appeal shall pay to t h e J u s t i c e or Jus t i ces to w h o m such not ice shall have been given such s u m by way of costs as shal l i n t he opinion of such Cour t be reasonable and if such p a r t y shall refuse or neglect for thwi th to pay such s u m i t shall be lawful for t h e said Cour t to adjudge a n d order t h a t t h e p a r t y so refusing or neglec t ing shall be commit ted t o gaol the re to remain un t i l such s u m be paid and t h a t in every case in which t h e j u d g m e n t so appealed agains t shall be reversed it shal l be lawful for such Cour t if t hey should sec fit to order t h a t t h e Jus t i ce or Jus t i ces whose j u d g m e n t shal l have been so reversed shall be indemnified from all costs and charges to which he or they shall have been p u t by such appeal and to recommend to t h e said Governor or A c t i n g Governor who is hereby au thor ized u p o n such recommenda t ion to cause a sufficient s u m for th i s purpose to be pa id ou t of t h e funds which shal l arise from the licenses requi red to be t aken out u n d e r th i s Ac t .

48 . A n d be i t fur ther enacted T h a t all informat ions a n d con­vict ions unde r th i s Ac t shal l be according to t h e forms conta ined in t he Schedule he reun to annexed marked E and F and t h a t no conviction unde r th i s A c t no r any adjudicat ion m a d e on appeal theref rom shall be quashed for w a n t of form or be removed by wr i t of certiorari or o therwise in to t h e Supreme Cour t and no w a r r a n t of c o m m i t m e n t shall be held void b y reason of any defect there in provided i t be there in alleged t h a t t h e pa r ty has been convicted a n d t h a t the re be a good and val id convict ion to sus ta in t h e same.

49. A n d be it fur ther enacted Tha t no act ion a t law shall lie against any J u s t i c e of t he Peace Constable or o ther Peace Officer for or on account of any m a t t e r or t h i n g whatsoever done or t o be done or commanded by h im in t h e execut ion of his d u t y or office unde r t h i s Act or any of t h e said reci ted Ac t s aga ins t a n y p a r t y or par t ies offending or suspected to be offending aga ins t t h e provis ions of t h i s A c t or of any of t h e said reci ted Ac t s unless t he r e be direct proof of cor­r u p t i o n or malice and unless such act ion be commenced wi th in th ree calendar m o n t h s after t h e cause of act ion or compla in t shall have ar i sen and if any person shall be sued for any m a t t e r or t h i n g which he has so done or shall have done in t he execut ion of th i s Ac t or of

any

a n y of t he said reci ted Ac t s h e m a y plead t h e general issue and give t h e special m a t t e r in evidence.

50. A n d he i t fu r ther enacted T h a t all sums of money collected levied or received unde r a n d b y v i r t ue of th i s Ac t after deduct ing such p a r t of t h e forfeitures fines a n d penal t ies as are ordered to he paid to t h e persons informing and su ing for t h e same shal l he paid in to t h e h a n d s of t h e Colonial Treasure r and he appropr ia ted to t h e use of H i s Majesty towards t h e defraying t h e expenses of t h e Police of t h e Colony.

5 1 . A n d be i t fu r ther enacted T h a t t h i s A c t shall con t inue and be in force un t i l t h e th i r t i e th day of J u n e in t h e year of our Lord one t h o u s a n d e ight h u n d r e d and t h i r t y - t h r ee a n d no longer.

S C H E D U L E S TO W H I C H T H I S A C T R E F E R S .

A. Form of application for a License to keep an Inn or Public-house with certificate of character-

To the Worshipful the Just ices of the Peace acting in and fur the district of in New South Wales.

I A. B. (slate the trade or occupation) now residing a t in the (parish town or district') of do hereby give notice tha t it is my intention to apply at the next General Annua l Licensing Meeting to be holden for this district for a license to sell and retail ale beer and other mal t liquors or wine cider ginger beer spruce beer brandy rum and any other fermented or spirituous liquors in the house and premises thereunto belonging situated at (here describe the house proposed to be licensed specifying the situation of it the number of silting rooms and bed rooms contained in it exclusive of those required for the family the person of whom rented the present occupier whether now licensed and if so under what sign) and which I intend to keep as an Inn or Public-house.

I am a free man and am (married having a wife who is free or a prisoner or holding a ticket of leave and children or unmarried as the case may be) and I have held a license (if before licensed state how many years).

I further give notice that I propose C. D. of

and E . F . of

as my sureties to enter with me into the required recognizance. Given under my hand this day of

one thousand eight hundred and

We the undersigned householders residing within the town (or district) of do hereby certify tha t the above A. B . of is

a person of good fame and reputation and fit and proper to be licensed to keep an Inn or Public-house.

Witness our hands this day of 183 . 1. 2. 3.

B.

Form of Certificate by Justices to authorize the granting of a License. New South Wales.

A T the General Annua l Licensing Meeting (or an adjournment of the General Annual Licensing Meeting or a Special General Sessions) of His Majesty's Jus t ices of the Peace acting in and for the district of holden at on the

day of in the year one thousand eight hundred and for the purpose of considering applications made to us for licenses to keep Public-houses in pursuance of an Ac t of the Governor and Council int i tuled " An Act to amend and " consolidate the Laws now in force relative to the licensing and regulating of Public-houses " and for the belter regulating the granting of Licenses for the sale of Ale Beer Wine Spirits " and other Liquors in New South Wales" We being of His Majesty's said Just ices and being the majority of those assembled at the said Sessions do in virtue of the

power

power vested in us hereby authorize the Collector of Internal Revenue to issue a license to A. B. of to keep an Inn or Public-house at the sign of situated in for the year commencing on the first day of J u l y next and we do hereby certify that we are satisfied that the said A. B. is a person of good fame and reputation and is fit and proper to keep an Inn or Public-house and also t h a t we have taken from the said A. B . and his sureties C. D. of and E . F . of a recognizance in the sum of fifty pounds each according to the form prescribed by the said Act of the Governor and Council.

Given under our hands and seals on the day of and a t the place first above writ ten.

C.

Form of Recognizance to be entered into by a person licensed to keep a Public-house with two sureties.

New South Wales to wit. B E it remembered that on the day of 183 A . R .

of C. D. of and E . F . of came personally before us G. I I . I . K . and L. M. Esquires Just ices of the Peace acting in and fur the district of in the said Colony and acknowledged themselves to owe to our Lord the King to wit the said A . B. the sum of fifty pounds the said C. D. the sum of fifty pounds and the said E. F . the sum of fifty pounds of lawful money of Great Bri tain to be respectively levied of their several goods and chattels lands and tenements to the use of our said Lord the King His Heirs and Executors in case default shall be made in the performance of any of the conditions hereunder wri t ten.

The conditions of this recognizance are such that whereas the said A . B . is to be licensed to keep a common inn ale house or victualling house and to sell ale beer and other malt liquors and wine cider ginger beer spruce beer brandy rum and other fermented or spirituous liquors in the house wherein he (or she) now dwells (or is about to dwell) being the sign of situated at in the district (or township) of for twelve months commencing on the first day of Ju ly one thousand eight hundred and if the said A . B. do keep the law in selling ale beer and other such liquors as aforesaid in his or her said house or premises and do not permit any person to become drunk or to play at cards dice or any other game of chance in his or her said house or premises or to commit any disorder therein or to remain in or upon the same tippling or dr inking after the hour of nine at night or on Sunday at any hour always excepting moderate refreshment to persons who may be bond fide travelling or who may be inmates of the house nor suffer any disorder to be committed in his (or her) house or premises nor refuse to admit any Magistrate or Constable into any part of the said house or premises at any hour nor suffer any convict other than his (or her) assigned servant or servants to be in his (or her) house on Sunday or after eight o'clock at night on any other day for the purpose of drinking or gaming but do maintain good order and rule therein then the said recognizance to be void otherwise to remain in full force.

Taken and acknowledged the clay and year first above written before us G. H . (L.S.) I. K. (L.S.) L. M. (L.S.)

D.

Form of License. New South Wales to wit.

W H E R E A S A. B . of hath deposited in this office a certificate from the major part of the Justices of (he Peace assembled at the General Annual Incensing Meeting holden at on the day of in the year one thousand eight hundred and authorizing a license to be issued to the said A. B . to keep an I n n or Public-house a t the sign of situated a t and stat ing that the said Just ices have taken from the said A. B . and two sureties a recognizance in the sum of fifty pounds each as required by law And whereas the said A. B . hath paid into my office the sum of twenty-five pounds sterling as the duty on such license Now I the Collector of In ternal Revenue of the Colony of New South Wales in virtue of the powers vested in me by an Act of the Governor and Council passed in the eleventh year of His Majesty's reign intituled " An Act to amend and consolidate the Laws now in force relative to the licensing " and regulating of Public-houses and for the better regulating the granting of Licenses for " the sate of Ale Beer Wine Spirits and other Liquors in New South Wales" do hereby license authorize and empower the said A. B . to keep a common inn alehouse or victualling house and to sell and retail in the house in which he (or she) now dwelleth (or is about to

dwell)

dwell) being the sign of situated a t and in the premises thereunto belonging but not elsewhere ale beer or other malt liquors or wine cider ginger beer spruce beer brandy rum or other fermented or spirituous liquors and this license shall continue in force from the first day of J u l y next unt i l the th i r t ie th day of J u n o then next ensuing both days inclusive and no longer and also provided it be not forfeited in the mean time according to the provisions of the aforesaid Act of the Governor and Council.

Given under my hand and seal at Sydney this day of one thousand eight hundred and

N. O. (L.S.) Collector of Internal Revenue.

Registered P. Q.

E .

Form of Information. New South Wales to wit.

B E it remembered tha t on the day of in the year of our Lord 183 a t in the County of in the Colony of New South Wales

of aforesaid Constable personally came before us and Esquires two of His Majesty's Just ices of the Peace for the said Colony duly authorized in that behalf and gave us the said Just ices to understand and be informed that after the

day of in the year of our Lord one thousand eight hundred and and within three months next before the day of exhibit ing this information to

wit on the clay of 133 one did sell and retail in less quant i ty than two gallons to wit to and in the house of the said situate standing and being in a certain street called in aforesaid without being licensed thereto according to law whereby and by force of the Act of Council in such case made and pro­vided the said has forfeited for said offence the sum of sterling and also the costs and expenses at tending the convicting the said of the said offence the said penalty or sum of to be appropriated and applied in the maimer directed in the Act of the Governor and Council in such case made and provided And the said prayeth tha t the said may be convicted of the said offence and tha t the said penalty or sum of may be appropriated in the manner directed by the said Act of the Governor and Council and tha t the said may be summoned to answer the said information and make defence thereto and tha t and material witnesses to be examined concerning the premises be also summoned to testify therein.

Before us this day of 183 .

F . Form of Judgment or Conviction.

New South Wales to wit. B E it remembered that on the day of in the

year one thousand eight hundred and A. B . of was duly convicted before us and (two of Hi s Majesty's Just ices of the Peace for the said Colony) upon an information in that behalf exhibited before us on the day of now last past for that on the day of one thousand eight hundred and (state the fact or offence in respect of which the Judgment or Conviction is had) and we do in pursuance of the Act of the Governor and Council passed in the eleventh year of His Majesty's reign inti tuled "An Act to amend and consolidate " the Laws now in force relative to the licensing and regulating of Public-houses and for " the better regulating the granting of Licenses for the sale of Ale Beer Wine Spirits and " other Liquors in New South Wales" award order and adjudge that the said

do for such offence forfeit and pay the sum of pounds to go and be distributed as in and by the said Act is provided besides the costs and charges of and attending this conviction which said costs and charges we the said Just ices do hereby ascertain and assess at the sum of

Given under our hands and seals the clay and year first above writ ten.

No. X I I .