ORDINANCE No. 11 OF 1844.
Licensing Public Houses, &c.
spirituous, or other liquors as aforesaid in any quantity less than two gallons shall be deemed and taken to be good and sufficient primâ facie evidence of money, or other consideration being given for the same, so as to support a conviction for retailing liquors contrary to this Ordinance, unless proof shall be made to the contrary to the satisfaction of the Magistrate, Justice or Justices, hearing the case.
29. (34.) And be it further enacted, that in all proceedings whatsoever, against any person for retailing, or permitting or suffering to be retailed, any such liquors without a license, such person shall for all purposes connected with those proceedings be deemed, and taken to be unlicensed, unless he or she shall at the hearing of the case, produce his, or her license before, and exhibit the same to the sitting Justices, or shall then and there produce other satisfactory proof of his, or her being a licensed person. And every licensed person as aforesaid, shall on demand at his, or her licensed house, produce his, or her license to any Justice of the Peace, or any constable authorized by any Justice, by any writing under his hand in that behalf: and if any such licensed person shall refuse, or neglect so to produce his, or her license, he or she shall forfeit, and pay for every such refusal, or neglect, a sum, not exceeding fifty dollars, to be recovered in a summary manner.
30. (35.) And be it further enacted, that if any person be convicted of keeping a disorderly house, or of unlawfully retailing any such liquors as aforesaid, the house and premises of such person, and the house, lodging, shop, or warehouse, where such offence shall have been committed, and any court or yard connected therewith, shall be liable to be searched, at any time of the day, or night, by any constable, or constables, or other peace officer or officers, with, or without warrant, for six months next after such conviction. Provided that the same or any part thereof, shall be occupied by the party, or parties, so convicted, and all such liquors as aforesaid, as at any time within the said six months, shall be found in any such house, lodging, shop, court yard, or premises shall, and may be seized, and forthwith removed, and disposed of, in the manner hereinbefore directed for the disposal of such liquors, seized in an unlicensed house.
31. (36.) And be it further enacted, that whenever any Justice of the Peace, or any chief, or other constable shall find any person, drinking in any house, shop, store-house, or other building, or any booth, shed, or hut, tent, stall, or place in which, or where, any ale, beer, wine, cider, ginger beer, spruce beer, brandy, rum, or other fermented, or spirituous liquors, shall be sold, or disposed of by retail, and the license for such sale shall not on demand be produced to such Justice or constable, it shall and may be lawful for such Justice of the Peace, or constable, to apprehend all such persons so found drinking there: and every such person so found drinking, shall, upon the view of such Justice, or upon conviction before any Justice of the Peace, forfeit and pay for every such offence, a sum not exceeding twenty dollars, to be recovered in a summary manner, unless such person shall inform against such unlicensed person, voluntarily become a witness against him, or her, in respect of such act of selling, and retailing.
or
[*Amended by Ord. No. 1 of 1868.]
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In proceedings the proof of being licensed to lie with the party charged.
Publicans to produce their licenses to Justices on demand.
Disorderly houses may be searched for six months after conviction.
Persons drinking in unlicensed houses to be apprehended.