Licences to
distil 3 of GD.j
Adulterated liquors, T38 & 39 Y. ^. 63,5]
Valicensed
sale prohibit-
ed.
(1 of 44, 1.]
Wholesale
and retail vale.
(Sec 11 of 44. 21.3
Temporary Licences.
Application
for livence. (BI uf 44. 3.)
Sessions.
11 of 44. 43
Diangreement
of Juncions. 101 51 44, 0}
Applicants? renognisances.
1 of 44.5
[ LII]
4. The Colonial Secretary may issue licences to distil in the form of schedule A, on each of which licences an annual fee of one hundred and twenty dollars shall be payable in advance. Such conditions as the Governor in Council may from time to time determine may be added to such licences. Every licensed distiller may sell by wholesale the liquors
he distils.
5. Any person who shall distil, make, import, sell, dispose of, or deal in any adulterated intoxicating liquor shall be guilty of an offence against this ordinance, and if such adulter- ated liquor be injurious to health he may, on a second conviction, be sentenced to imprison- ment with or without hard labour for a period not exceeding six months besides any other penalties to which he may be liable under this ordinance.
No person shall be convicted under this section if he shows to the satisfaction of the Magistrate before whom he is charged that he did not know that the liquor sold by him was adulterated, and that he could not have known it with any reasonable diligence.
Sale of intoxicating liquors.
6. No person shall sell or dispose of, or advertise or expose for sale any intoxicating liquor either by wholesale or retail within the Colony, or shall permit or suffer any such intoxicating liquor to be sold or disposed of or advertised or exposed for sale in his house or other place within the Colony without a licence under this ordinance. The delivery of any intoxicating liquors shall be taken, in any proceeding under this ordinance, to be primá facie evidence that money or other consideration was given for the same.
7. The holder of a retail or grocer's licence may also sell intoxicating liquors whole- sale, but no person shall sell intoxicating liquors by retail without a licence to that effect, and this section shall apply to all retail sales of liquor to any person on pretence that he is a customer for other goods, as well as to all sales of quantities exceeding two gallons with an understanding that part is to be returned, and generally, to any act whatever which, under whatsoever pretence, constitutes a retail sale of intoxicating liquor.
8. The Colonial Secretary may at any time issue temporary licences for the sale of liquors at any public entertainment or on any public occasion on payment of such fee in each case as to the Governor shall seem fit.
Public house, and adjunct licences.
9. Every person desirous of obtaining a publican's or adjunct licence shall give ten days' notice to the Magistrates in the form of schedule B or C according to the nature of the licence required.
10. The Magistrates, or either of them, may from time to time appoint a day for the granting or transferring of liceuces, which shall be advertised in the Government Gazette and a public newspaper at least one week previously, and the said Magistrates, or either of them, with the assistance of such other Justices of the Peace as may attend on the said day, shall take into consideration all applications which may have been made for licences for the sale of liquors within the Colony, and the presiding Magistrate may adjourn the con- sideration of all or any of such applications to any other lawful day.
11. Every application for the grant or transfer of a licence shall be decided by a majo- rity of votes of the Justices present, in the case of equality the presiding Magistrate shall, in addition to one original vote, have a casting vote. Provided however that in case of any applicant being dissatisfied with the order of the Justices or the majority thereof, it will be lawful for the Governor in Council to alter and amend the order, on the petition of the dissatisfied party.
12. Every applicant for a licence, who may be approved by the Justices assembled as above, shall enter into a recognizance in the form of schedule D or E according to the nature of the licence be requires, whereupon the Magistrate shall deliver to him a certificate in the form of schedule For G according to the nature of his application; and the Magis- frate shall, within ten days, transmit to the Treasurer a return of all such certificates as may have been granted in the form of schedule H to this ordinance.
Page 630Page 631