ORDINANCE No. 11 OF 1844.
Licensing Public Houses, &c.
other office as may hereafter be appointed by the said Governor for that purpose, within fourteen days after the date of such certificate, and the said Colonial Treasurer, or other officer who may hereafter be appointed for that purpose, shall and he is hereby authorized and required forthwith, after the receipt of every such certificate, to issue a license in the form contained in the schedule hereunto annexed, marked D., and shall register the same in his office, upon payment being made to the said Colonial Treasurer or other officer of the sum of fifty dollars [$100 as amended by Ordinance No. 4 of 1845] for every such license. [Amended by Ordinances No. 7 of 1858 and No. 10 of 1868.]
may order licenses, for 35 houses, not nearer than two miles to the town of Victoria.
8. And be it further enacted, that it shall, and may be lawful to, and for the Governor of the said Colony, to allow, and authorize the said Colonial Treasurer, or other officer as aforesaid, to issue a license, or licenses, to any person, duly qualified, who shall have obtained the required certificate, from the said Chief Magistrate, hereinbefore directed for any house within the said Colony, which shall not be nearer than two miles to the Government House at Victoria, upon the payment of such sum, not exceeding fifty dollars, as taking into consideration the situation of the house, shall seem just and reasonable. [Amended by Ordinance No. 7 of 1858.]
9. And be it enacted, that it shall be lawful for the said Chief Magistrate, at such days hereinbefore mentioned, to transfer the license of any house, licensed as aforesaid, to the appointee of the original holder of such license, such appointee giving the like notice, producing the like certificates, and entering into the same recognizances as the original party obtaining the same, is, by this Ordinance, bound to give, produce, and enter into.
10. And be it further enacted, that the executor or administrator, or the trustees in case of the insolvency of any person holding a license under this Ordinance, shall be entitled to carry on the business of the house so licensed as aforesaid, without renewing the said license, during six months, (if the license shall have so long to run,) after the decease or legally declared insolvency of the person holding such license as aforesaid. Provided always, that the license of such house shall be subject to the same regulations, as if it had continued to be holden by the person to whom the same was originally granted, and that a new recognizance be entered into by such executor, administrator, or trustees, according to the provisions of this Ordinance.
11. And be it further enacted, that in case any person having duly obtained a license as aforesaid, shall either from necessity, by accident to the house in such license stated, or from any other cause, be desirous to remove his business from the house expressed in such license to any other house, then upon memorial from such person, to the said Chief Magistrate, it shall and may be lawful for the said Chief Magistrate, after such person shall have entered into a new recognizance, to grant a certificate, authorizing the Colonial Treasurer for the said Colony, on payment of the sum of five dollars, to the said Treasurer, and lodgment with him, of the original license, to grant a new license, within forty-eight hours after application, for the residue of the term for which the original license had been granted, and for such house as shall be authorized by the Chief Magistrate to transfer licenses.
Executors or trustees may hold license for certain time.
Persons desirous of removing licenses to other premises to memorial the Justices.