accounts with Lod- Cars.
Debts for spirity 17. And be it further enacted, that no licensed person, shall maintain any action not recoverable un- for, or recover any debt, or demand, on account of spirituous liquors, unless such deht les unutracted for shall bona fide have been contracted at one time to the amount of five dollars, or upwards, at one time.
nor shall any item in any account for spirituous liquors be allowed where the liquors bona fide delivered at one time,shall not amount to the full sum of five dollarsn,or any amount of debt whatsoever, incurred by any seaman or soldier in Her Majesty's service for Not to prevent spirituous liquors. Provided always that nothing herein contained shall extend to prevent Innkeepers having Inn-keepers from keeping an account with lodgers and travellers in which any charge
for spirits may be included, and recovering the amount thereof, in a Court of Justice.
IS--And be it further enacted, that if the keeper or occupier of any public house shall sell liquors for mo licensed as aforesaid, shall take or receive from any person whomsoever in payment,or in pledge for liquor, or for any entertainment whatsoever, supplied in or out of his or her house or premises, any article of clothing, or slops, or any tool or other article, or thing excepting metallic money, then such occupier or possessor of a public house,so offending shall upon conviction forfeit and pay, a sum not exceeding one hundred dollars, independently of any such fine or punishment as may attach to so doing under any statute or Ordinance now or hereafter to be in force within the said Colony.
Lublicans
ney only.
Ligners in quanti. 19-And be it further enacted, that every keeper of a licensed house shall sell, ties above half a pint or otherwise dispose of all liquors by retail (except in quantities less than a half pint, i to be sold according by the gallon, quart, pint, or half pint, of full imperial measure, according to the standard 10 the standard which is by Law established in England, and shall also if required by any guest, or customer purchasing such liquor, retail the same in a vessel sized according to such standard, and in default thereof be shall for every such offence forfeit the illegal measure, and pay a sum not exceeding fifty dollars, in a summary way.
measure.
Strangers goods in 20-And be it further declared and enacted, that every house licensed as herein licensed houses not provided, shall be considered as a common ion, and no goods, or chattels whatsoever, liable for rent or any bona fide the property of any stranger, or strangers, and being in such licensed house, or other claim against the appurtenances therent, or any place used and occupied therewith, in the ordinary such houses.
course of resort at such licensed house, shall be subject to be distrained, or seized. for or in respect of any claim of rent for such licensed house or appurtenances, or in respect of any other claim soever against the said house, or appurtenances, or the owner thereof, and if any such goods or chattels shall be distrained, or seized for rent, or in any other manner contrary to the provisions of this Ordinance, it shall be lawful for any Magistrate of Police, or any two Justices of the Peace, to inquire into any complaint made in respect of such distress, or seizure in a summary manner, and to order such goods and chattels to be restored to the owner or proprietor thereof, and further to award such reasonable costs, as shall be incurred, by such summary proceeding, and such costs 10 levy by distress and sale of the goods or effects of the person, or persons, distraining, or seizing such goods or chattels as aforesaid,
Justicesar const. 21. And be it further enacted, that it shall be lawful for any Justice of the Peace, bles authorized may or any constable generally authorized by, a Justice of the Peace in that behalf, to demand enter public houses entrance into any licensed public house, or the appurtenances thereof at any time, by at all times.
day, or night, and if admittance be delayed for such a time, as shall make it appear in any such Justice, or Justices, that wilful delay was intended, it shall be lawful for such Justice or Justices to summon the person so offending before the next Court of General Sessions, for the district, and upon conviction before such Court of General Sessions, the license of the party so offending shall be forfeited, any thing herein before contained to the contrary notwithstanding and no license shall again be granted for the space of three years from the date of such conviction, to any person who shall be so convicted of refusing or wilfully delaying admittance. Provided always, that if such admittance be refused or wilfully delayed, it shall be lawful for such Justice, or constable to break into -such public house, with his assistants to serve process, or for any other lawful purpose. Penalty for public- 22.-And be it further enacted, that if any licensed person shall abandon the ans abandoning the occupation of his or her licensed house, as his or her usual place of residence, aud occupation or man- permit any person whatsoever, to manage, superintend, or conduct the business, of such agement of their house, or shall whether residing in the said house, or not, permit any unlicensed person to become virtually, or in effect the keeper thereof, then, or in either of the said cases, upon proof of the fact, to the satisfaction of any two or more Justices of the Peace, the license of such house, for the current year, shall become and be absolutely void, any thing herein before contained to the contrary notwithstanding.
houses.
posing of them for that purpose-
Or employing un. 23.-And be it further enacted, that if any licensed person shall employ any licensed person to unlicensed person to sell, or disposée of by retail as aforesaid, any such liquors as retail liquors out of aforesaid in any house, or in any eart dray or other carriage, or in any vessel or boat, or their houses or dis- in any place whatever out of the licensed house of such licensed person, or if any licensed person shall sell barter or lend to any unlicensed person any such liquors 19 aforesaid, with the knowledge or upon the understanding that such liquors are in be sold retailed or bartered by such unlicensed person, contrary to the true intout and meaning of this Ordinance, every such licensed person shall, upon conviction thereof in a summary manner, forfeit and pay for every such offence, a sam pot exceeding two hundred dollars.
Page 385
accounts with Lod- Cars.
Debts for spirity 17. And be it further enacted, that no licensed person, shall maintain any action not recoverable un- for, or recover any debt, or demand, on account of spirituous liquors, unless such deht les unutracted for shall bona fide have been contracted at one time to the amount of five dollars, or upwards, at one time.
nor shall any item in any account for spirituous liquors be allowed where the liquors bona fide delivered at one time,shall not amount to the full sum of five dollarsn,or any amount of debt whatsoever, incurred by any seaman or soldier in Her Majesty's service for Not to prevent spirituous liquors. Provided always that nothing herein contained shall extend to prevent Innkeepers having Inn-keepers from keeping an account with lodgers and travellers in which any charge
for spirits may be included, and recovering the amount thereof, in a Court of Justice.
IS--And be it further enacted, that if the keeper or occupier of any public house shall sell liquors for mo licensed as aforesaid, shall take or receive from any person whomsoever in payment,or in pledge for liquor, or for any entertainment whatsoever, supplied in or out of his or her house or premises, any article of clothing, or slops, or any tool or other article, or thing excepting metallic money, then such occupier or possessor of a public house,so offending shall upon conviction forfeit and pay, a sum not exceeding one hundred dollars, independently of any such fine or punishment as may attach to so doing under any statute or Ordinance now or hereafter to be in force within the said Colony.
Lublicans
ney only.
Ligners in quanti. 19-And be it further enacted, that every keeper of a licensed house shall sell, ties above half a pint or otherwise dispose of all liquors by retail (except in quantities less than a half pint, i to be sold according by the gallon, quart, pint, or half pint, of full imperial measure, according to the standard 10 the standard which is by Law established in England, and shall also if required by any guest, or customer purchasing such liquor, retail the same in a vessel sized according to such standard, and in default thereof be shall for every such offence forfeit the illegal measure, and pay a sum not exceeding fifty dollars, in a summary way.
measure.
Strangers goods in 20-And be it further declared and enacted, that every house licensed as herein licensed houses not provided, shall be considered as a common ion, and no goods, or chattels whatsoever, liable for rent or any bona fide the property of any stranger, or strangers, and being in such licensed house, or other claim against the appurtenances therent, or any place used and occupied therewith, in the ordinary such houses.
course of resort at such licensed house, shall be subject to be distrained, or seized. for or in respect of any claim of rent for such licensed house or appurtenances, or in respect of any other claim soever against the said house, or appurtenances, or the owner thereof, and if any such goods or chattels shall be distrained, or seized for rent, or in any other manner contrary to the provisions of this Ordinance, it shall be lawful for any Magistrate of Police, or any two Justices of the Peace, to inquire into any complaint made in respect of such distress, or seizure in a summary manner, and to order such goods and chattels to be restored to the owner or proprietor thereof, and further to award such reasonable costs, as shall be incurred, by such summary proceeding, and such costs 10 levy by distress and sale of the goods or effects of the person, or persons, distraining, or seizing such goods or chattels as aforesaid,
Justicesar const. 21. And be it further enacted, that it shall be lawful for any Justice of the Peace, bles authorized may or any constable generally authorized by, a Justice of the Peace in that behalf, to demand enter public houses entrance into any licensed public house, or the appurtenances thereof at any time, by at all times.
day, or night, and if admittance be delayed for such a time, as shall make it appear in any such Justice, or Justices, that wilful delay was intended, it shall be lawful for such Justice or Justices to summon the person so offending before the next Court of General Sessions, for the district, and upon conviction before such Court of General Sessions, the license of the party so offending shall be forfeited, any thing herein before contained to the contrary notwithstanding and no license shall again be granted for the space of three years from the date of such conviction, to any person who shall be so convicted of refusing or wilfully delaying admittance. Provided always, that if such admittance be refused or wilfully delayed, it shall be lawful for such Justice, or constable to break into -such public house, with his assistants to serve process, or for any other lawful purpose. Penalty for public- 22.-And be it further enacted, that if any licensed person shall abandon the ans abandoning the occupation of his or her licensed house, as his or her usual place of residence, aud occupation or man- permit any person whatsoever, to manage, superintend, or conduct the business, of such agement of their house, or shall whether residing in the said house, or not, permit any unlicensed person to become virtually, or in effect the keeper thereof, then, or in either of the said cases, upon proof of the fact, to the satisfaction of any two or more Justices of the Peace, the license of such house, for the current year, shall become and be absolutely void, any thing herein before contained to the contrary notwithstanding.
houses.
posing of them for that purpose-
Or employing un. 23.-And be it further enacted, that if any licensed person shall employ any licensed person to unlicensed person to sell, or disposée of by retail as aforesaid, any such liquors as retail liquors out of aforesaid in any house, or in any eart dray or other carriage, or in any vessel or boat, or their houses or dis- in any place whatever out of the licensed house of such licensed person, or if any licensed person shall sell barter or lend to any unlicensed person any such liquors 19 aforesaid, with the knowledge or upon the understanding that such liquors are in be sold retailed or bartered by such unlicensed person, contrary to the true intout and meaning of this Ordinance, every such licensed person shall, upon conviction thereof in a summary manner, forfeit and pay for every such offence, a sam pot exceeding two hundred dollars.
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385
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