7° VICTORIE.- No 11 OF 1844. 35
XIV. And be it further enacted, That if any Person not actually Unlicensed persons
holding a License shall keep up any Sign, Writing, Painting, or other keeping
to be up a Sign, &c.,
Mark, on or near to his House, which may imply, or give reasonable
Cause to believe, that such House or Premises is or are Licensed for
the Retail or Barter of such Liquors as aforesaid, or that such Liquors
are sold, served, or retailed therein, or shall offend against the
Provisions of the last Section, he shall, for every such Offence, forfeit
and pay a Sum not exceeding One Hundred Dollars, to be recovered
in a Summary Manner.
XV. And be it further enacted, That if any licensed Person Penalties and Dis-
abilities for Licensed
shall offend against the Tenor of his or her License, or shall in any Persons offending.
respect commit a Breach of any Condition of the Recognizance by him
or her entered into, he or she shall forfeit and pay, or become liable
to the several Penalties or Disabilities, to be recovered in a Summary
Manner, hereinafter mentioned ; that is to say, for the First Offence,
a Sum of not more than One Hundred Dollars, with Costs ; and for
the Second Offence, a Sum of not more than Two Hundred Dollars,
with Costs ; and for the Third or any subsequent Offence, it shall be
lawful for any one Justice, upon Complaint or Information of such
Third or Subsequent Offence, to issue a Summons requiring the Person
so complained of or informed against to appear at the next Court
of General Sessions of Magistrates to be holden in the said Colony, and
there to answer to the Matter of such Complaint or Information , and
any other Person or Persons to appear at such Sessions, and give
Evidence against such Licensed Person ; and the Justices of Peace at
such Sessions shall inquire in a Summary Manner into the Offence
charged in the said Complaint or Information, and if they find that
such Licensed Person hath committed the Offence against the Tenor
of his or her License or Recognizance in the said Complaint or Infor-
mation specified, and that such Licensed Person hath been Twice or
oftener previously convicted of Offences against the Tenor of his
or her License or Recognizance, it shall be lawful for the said Justices
at such Sessions to adjudge such Licensed Person Guilty of such Third
or Subsequent Offence, which Adjudication shall be final, and there-
upon the said Justices shall have Authority to punish the Party so
convicted by a Fine or Penalty of not less than Fifty Dollars, nor more
than Five Hundred Dollars, or (at the Discretion of the said Justices )
by declaring his or her Recognizance to be forfeited, and also (at their
Discretion) his or her License to be void, and such Recognizance
shall be forfeited, and such License from thenceforth to be void
accordingly, and the said Person whose License shall be declared void,
shall from thenceforth be incapable of receiving or holding any
License under this Ordinance for the Space of Three Years, to be
computed from the Date of such Adjudication.
XVI. Provided always, and be it further enacted, That no Recog- Recognizances not
to be forfeited until
nizance shall be declared forfeited, unless upon such Adjudication by the Third Conviction,
the said Court of General Sessions upon such Third or subsequent and to be Evidence of
being licensed.
Conviction ; and in every Proceeding under this Ordinance against a
Person as a licensed Publican, the Production of his or her Recogni-
zance shall be Evidence of his or her being such licensed Publican ;
and if such licensed Person so complained of or informed against for Publicans informed
such Third or subsequent Offence shall not appear at such next against not appearing.
General Sessions, pursuant to the Summons, it shall be lawful for the
Justices