38 COLONIAL ORDINANCES.
Liquors to any Person coming to such House or Shop, under the
Pretence of such last mentioned Person being a Customer, or under
any other Pretence whatsoever, every such Person so offending shall,
upon Conviction thereof in a Summary Manner, be subject to the
same Penalty as if he or she had been convicted of Selling any such
Liquor as aforesaid by Retail without a License, contrary to the
Provisions of this Ordinance.
Persons selling Two XXV. And be it further enacted, That if any unlicensed Person
Gallons of Liquor with shall sell or deliver any such Liquors in a Quantity exceeding Two
an Understanding that
Part shall be returned. Gallons, with an Understanding that Part thereof shall be returned,
so that after such Part shall have been returned, the Quantity
actually sold or delivered shall be under Two Gallons, then and in each
of such Cases such Retail Shopkeeper, Dealer, or Person, shall, upon
Penalty. being convicted of any such Offence, be subject to the same Penalty
as if he or she had been convicted of selling any such Liquors as
aforesaid by Retail without a License, contrary to the Provisions of
this Ordinance.
Liquors hawked XXVI. And be it further enacted, That it shall and may be
about to be
condemned. seized and lawful for any Justice of the Peace, Constable, or other Peace Officer,
to seize and take away or destroy, or caused to be seized, taken
away, or destroyed, all such Spirituous or other Liquors as afore-
said as shall be Hawked about or exposed to Sale in any Street,
Road, Footpath, or any other Place whatever, or in any Booth, Tent,
Stall, or Shed, or in any Boat or Vessel, by any Person not licensed to
sell the same in such Place, and the Vessels containing the same, and
all Vessels and Utensils used for Drinking or Measuring the same,
and any Cart, Dray, or other Carriage, and any Horse or Horses, or
other Animal or Animals, employed in drawing or carrying the same,
as well as any Boat or Vessel used in the Conveyance of such Liquors
as aforesaid ; and it shall be lawful for any one or more Justice
or Justices of the Peace, on his or their own View, or on Confession
of the Party, or by Proof of such Offence by the Oath of one or more
credible Witness or Witnesses, to convict any Person so offending of
selling Spirits without a License, and to adjudge him, her, or them
liable to all the Penalties imposed by this Ordinance for such Offence ;
and to cause such Liquors, Vessels, and Utensils containing the
same, and any Cart, Dray, or other Carriage, Horse or Horses, or other
Animal or Animals, and any Boat or Vessel used in conveying the
same, to be sold, and the Proceeds thereof, after deducting the
Expenses of Sale, shall be paid, One Moiety to the use of the Queen,
and the other Moiety to the Person or Persons who may in any such
case first Seize, Inform, or Prosecute.
If it be suspected XXVII. And be it further enacted, That upon Information on
that Liquors are retail-
ed in any unlicensed Oath being made before any Justice of the Peace, by any Constable or
House, they may be creditable Person, that he or she doth verily suspect and believe that
seized, and if, after Ex-
amination, it shall so any such Liquor or Liquors as aforesaid is, or are, or have been Sold
appear, they shall be or Retailed in any particular unlicensed House, or other unlicensed
Place, and such other Constable or other Person shall in such Infor-
mation set forth and shew reasonable Grounds for such Belief and
Suspicion, then and in such Case it shall be lawful for such Justice, in
his Discretion, to grant his Warrant to any Constable to enter
and search any such House or other Place by Day, and such Con-
stable