Chief Magistrate 4. And be it enacted, that the Chief Magistrate of Police may appoint, from time to time, as may be necessary, a day for the granting, or transferring of licenses, certificates.
which shall be advertised in a public newspaper, at least one month previously, and the said Chief Magistrate of Police, with the assistance of such other Justices of the Peace, as may attend on any such day at his office in Victoria, shall take into consideration all applications, which shall have been made for licenses, for the sale of liquors in Hongkong, and its dependencies, and it shall be lawful, for the said Chief Magistrate of Police, to grant to such persons, after taking the required recognizances, certificates in the form contained in the Schedule hereunto annexed, marked B, for authorizing the granting of such license, and it shall be lawful, for the said Chief Magistrate of Police, to adjourn the consideration of all, or any of the applications then made to such other day, or days, as the Chief Magistrate, shall from time to time, deem expedient. Provided always, that in case of disagreement, concerning the granting, or with-holding, such licenses, the power of granting, or with-holding, the same, shall be at the time vested in the said Chief Magistrate of Police, and that all Justices, dissenting from him, may enter the reasons of their dissent in the proceedings of the Court, and the said Chief Magistrate shall submit them to the Governor of Hongkong, and take his final decision thereon.
Applicant to enter into recognizance before certificate shall be granted.
Proviso for persons prevented from appearing by illness.
5. And be it further enacted, that every person applying for a license shall, before the Chief Magistrate of Police deliver to him or her a certificate, as aforesaid, to authorize the issue of such license, enter into a recognizance in the form, and with the conditions, contained in the Schedule hereunto annexed, marked C., with two sureties in the sum of three hundred dollars each, and all such recognizances with their conditions, shall be regularly recorded.
6. And be it further enacted, that in case any person, desirous of obtaining such certificate for a license, shall be hindered by sickness or infirmity, or by any other reasonable cause, from attending in person on any such licensing day, such cause of absence being proved to the satisfaction of the said Chief Magistrate of Police, it shall be lawful for the said Chief Magistrate, to certify in favour of such person, upon three sufficient sureties to be approved as aforesaid entering into such recognizance, each in the sum of three hundred dollars, for performance of the conditions of the said recognizance.
Certificate to be lodged with Colonial Treasurer who will grant a license.
7. And be it further enacted, that every certificate which shall be granted by the said Chief Magistrate, to authorize the issuing of a license as aforesaid, shall after the passing of this Ordinance, be null and void, unless the same, and the sum required to be paid for such license, be lodged in the office of the Colonial Treasurer, or in such 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 for every such license.
The Governor may order licenses for houses, not nearer than two miles to the town of Victoria on payment of a sum not exceeding fifty dollars.
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.
Chief Magistrate to transfer licenses.
9. And be it enacted, that it shall be lawful for the said Chief Magistrate, at such days herein before 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.
Executors or Trustees may hold license for a certain time.
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.
Persons desirous of removing licenses to other premises to memorial the Justices.
11. And be it further enacted, that in case any person having duly obtained a license, as aforesaid, shall either from necessity, by accident 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 and described in such new certificate. Provided, that in such new license, the said original license shall be briefly recited, and that the same had been as it is hereby required to be cancelled, on the issuing of such new license; and provided also, that nothing herein contained shall be deemed, or construed, to admit or sanction the person, to whom the said original license was granted, to retail any of the liquors aforesaid elsewhere, than in the house or place expressed in such new license.
12. And be it further enacted, that the said Chief Magistrate shall transmit to the Colonial Treasurer for the time being, within ten days after the granting of such certificates as aforesaid, a list signed by him the said Chief Magistrate of all the persons to whom he shall have so granted certificates, specifying the situation and sign or name of each house, and if not in Victoria its distance therefrom, the name of the owner or proprietor, whether before licensed or not, and also the names and residences of the sureties.
Publicans to have their names &c. painted on their premises.
13. And be it further enacted, that every person, who shall be licensed to keep a public house shall, and is hereby required, to have his or her name at length painted, in legible letters at least three inches long, with the words "Licensed to Retail Wines and Spirituous Liquors," constantly and permanently remaining, and plainly to be seen, and read on some conspicuous part of his or her house, and the said house shall also be provided with a proper place of accommodation, for the use of the customers thereof, in order to prevent nuisances, or offences to decency.
Unlicensed persons, keeping up a sign, &c. to be fined.
14. And be it further enacted, that if any person, not actually holding a license, shall keep up any sign, writing, painting, or other 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.
Penalties, and for persons licensed offending.
15. And be it further enacted, that if any licensed person shall offend against the tenor of his or her license, or shall in any 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 the 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 information 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 thereupon 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.
16. Provided always, and be it further enacted, that no recognizance shall be declared forfeited, unless upon such adjudication by the said Court of General Sessions upon such third or subsequent conviction, and in every proceeding under this Ordinance, the production of his or her recognizance, shall and be evidence, of his or her being such licensed publican, and if such licensed person so complained of, or informed against, for such third or subsequent offence shall not appear at such next General Sessions, pursuant to the summons, it shall be lawful for the Justices in such Sessions assembled, on proof of the service of such summons, to inquire into and determine the matter of the said complaint or information, and in all respects to proceed against any person so summoned and not appearing, in the same manner as if he or she had appeared.
Publicans informed against not appearing.
384
Chief Magistrate 4. And be it enacted, that the Chief Magistrate of Police may appoint, from of Police to grant time to time, as may be necessary, a day for the granting, or transferring of licenses, certificates.
which shall be advertised in a public newspaper, at least one month previously, and the said Chief Magistrate of Police, with the assistance of such other Justices of the Peace, as may attend on any such day at his office in Victoria, shall take into consideration all applications, which shall have been made for licenses, for the sale of liquors in Hongkong, and its dependencies, and it shall be lawful, for the said hief Magistrate of Police, to grant to such persons, after taking the required recognizances, certificates in the form contained in the Shedule hereunto annexed, marked B, for authorizing the granting of such license, and it shall be lawful, for the said Chief Magistrate of Police, to adjourn the consideration of all, or any of the applications then made to such other day, or days, as the Chief Magistrate, shall from time to time, deem expedient. Provided always, that in case of disagreement, concerning the granting, or with-holding, such licenses, the power of granting, or with-holding, the same, shall be at the time rested in the said Chief Magistrate of Police, and that all Justices, dissenting from him, may enter the reasons of their dissent in the proceedings of the Court, and the said Chief Magi-trate shall submit them to the Governor of Hongkong, and take his final decision thereou.
Applicant
to
enter into recogni- zance before certifi cate shall be grant ed.
Proviso for persons prevented from ap- pearing by illness.
5. And be it further enacted, that every person applying for a license shall, before the Chief Magistrate of Police deliver to him or her a certificate, as aforesaid, to authorize the issue of such license, enter into a recognizance in the form, and with the conditions, contained in the Schedule hereunto annexed, marked C., with two sureties in the sum of three hundred dollars each, and all such recognizances with their conditions, shall be regularly recorded.
6.And be it further enacted, that in case any person, desirous of obtaining such certificate for a license, shall be hindered by sickness or infirmity, or by any other reasonable cause, from attending in person on any such licensing day, such cause of absence being proved to the satisfaction of the said Chief Magistrate of Police, it shall be lawful for the said Chief Magistrate, to certify in favour of such person, upon three sufficient sureties to be approved as aforesaid entering into such recognizance, each in the sum of three hundred dollars, for performance of the conditions of the said recognizance. Certificate to be 7.And be it further enacted, that every certificate which shall be granted by the lodged with Colonial said Chief Magistrate, to authorize the issuing of a license as aforesaid, shall after the Treasurer who will passing of this Ordinance, be null and void, unless the same, and the sum required to be grant a license,
paid for such license, be lodged in the office of the Colonial 'Treasurer, or in such 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 his 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 for every such license.
The Governor, 8-And be it further enacted, that it shall, and may be lawful to, and for the may order licenses, Governor of the said Colony, to allow, and authorize the said Colonial Treasurer, or other for houses, not nearer officer as aforesaid, to issue a license, or licenses, to any person, duly qualified, who shall than two miles to have obtained the required certificate, from the said Chief Magistrate, hereinbefore the town of Victoria directed for any house within the said Colony, which shall not be nearer than two miles on payment of 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.
Chief Magistrate,
9. And be it enacted, that it shall be lawful for the said Chief Magistrate, at such to transfer licenses, days herein before 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.
time.
Executors or
10. And be it further enacted, that the executor, or administrator, or the trustees Trustees may hold in case of the Insolvency of any person holding a license under this Ordinance, shall license for a certain 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.
Persons desirous 11. And be it further enacted, that in case any person having duly obtained a of removing licenses license, as aforesaid, shall either from necessity, by accident to the house in such license to other premises to stated, or from any other cause, be desirous to remove his business from the house memorial the Jus- 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
tices.
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 and described in such now certificate. Provided, that in such new license, the said original license shall be briefly recited, and that the same had been as it is hereby required to be cancelled, on the issuing of such new license; and provided also, that nothing herein. contained shall be deemed, or construed, to admit or sanction the person, to whom the said original license was granted, to retail any of the liquors aforesaid elsewhere, than in the house or place expressed in such new license.
12. And be it further enacted, that the said Chief Magistrate shall transmit to the Chief Magistrate to Colonial Treasurer for the time being, within ten days after the granting of such transmit lists of the certificates as aforesaid, a list signed by him the said Chief Magistrate of all the persons certificates granted to whom he shall have so granted certificates, specifying the situation and sign or name by him to the Colo- of each house, and if not in Victoria its distance therefrom, the name of the owner or proprietor, whether before licensed or not, and also the names and residences of the
nial Treasurer. sureties.
Publicans
mises.
to
13. And be it further enacted, that every person, who shall be licensed to keep a public house shall, and is hereby required, to have his or her name at length painted, have their names&c. in legible letters at least three inches long, with the words "Licensed to Retail Wines painted on their pre- and Spirituous Liquors," constantly and permanently remaining, and plainly to be seen, and read on some conspicuous part of his or her house, and the said house shall also be provided with a proper place of accommodation, for the use of the customers thereof, in order to prevent nuisances, or offences to decency.
Unlicensed per-
14.- And be it further enacted, that if any person, not actually holding a license, shall keep up any sign, writing, painting, or other mark, on or near to his house, which sons, keeping, up a may imply, or give reasonable cause to believe, that such house or premises, is or are sign, &c. to be fined. 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 excceding one hundred dollars, to be recovered in a summary manner.
Penalties,
and for
persons
15.-And be it further enacted, that if any licensed person shall offend against the tenor of his or her license, or shall in any respect commit a breach of any condition of disabilities the recognizance by him, or her entered into, he or she shall forfeit and pay, or become licensed liable to the several penalties, or disabilities, to be recovered in a summary manner, offending. 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 coste, 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 the 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 information 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 thereupon 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.
16. Provided always, and be it further enacted, that no recognizance shall be Recognizances not declared forfeited, unless upon such adjudication by the said Court of General Sessions to be forfeited until upon such third or subsequent conviction, and in every proceeding under this Ordinance, the third conviction against a person as a licensed publican, the production of his or her recognizance, shall and to be evidence of be evidence, of his or her being such licensed publican, and if such licensed person so being licensed. complained of, or informed against, for such third or subsequent offence shall not appear ed against not ag at such next General Sessions, pursuant to the summons, it shall be lawful for the Justices pearing.
in such Sessions assembled, on proof of the service of such summons, to inquire into and determine the matter of the said complaint or information, and in all respects to proceed against any person so summoned and not appearing, in the same manner as if he or she had appeared.
Publicans inform-
384
No comments yet.
Private notes are available after approval.