40 ORDINANCE No. 11 OF 1844.
Licensing Public Houses, & c.
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 law ul 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 pro
secute.
If besected 27. (32. ) And be it further enacted, that upon information on oath being made
that Fiptors are
retailed in any
unlicensed house before any Justice of the Peace, by any constable, or credible person, that he or she
they may be
seized, and if doth verily suspect and believe that any such liquor, or liquors as aforesaid, is or are ,
afterexamination
it shall so appear or have been sold, or retailed , in any particular unlicensed house, or other unlicensed
they shall be
forfeited. place, and such other constable, or other persons shall in such information set forth
and show 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 constable may
break open the doors , if not opened within a reasonable time after demand, and seize
all such fermented, and spirituous liquors as aforesaid , as he shall then and there
find, and the vessel, or vessels in which such liquors shall be contained and shall and
may detain the same until the owner thereof shall appear before any Magistrate of
Police, or before two, or more Justices of the Peace, to claim such liquors, and shall
satisfy the said Magistrate, or Justices, how, and for what purpose he became possessed
of the same, and if it shall appear to the said Magistrate, or Justices, after due inquiry
and examination, that such liquors were in the said house, or other place, for the
purpose of being illegally sold , or disposed of by retail, then such Magistrate or
Justices shall adjudge the said liquors, and vessel or vessels to be condemned , and
forfeited, and the same shall, and may be sold , and the proceeds thereof after payment
of such costs as may be assessed, and awarded by such Justices, shall be applied , and
distributed in equal moieties to the use of Her Majesty, and to or amongst the party
or parties so informing, but if otherwise, then such liquors, and vessel, or vessels , shall
be forthwith restored to the proper owner.
What deemed 28. (33. ) And in order to remove any doubts which may arise as to what may con
evidence of
retailing without
license. stitute, or establish a selling, or disposing by retail of liquors contrary to the true intent
and meaning of this Ordinance: Be it further enacted , that the delivery of any such