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2101855.4
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fort 10.30rd/ 210f1586.
Sa second
Unlicensed! distilling prohibirent.
Licenses to MEMEL
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"Chinese Restaurant License" means a license to keepers of Chinese hotels, restaurants, or eating- houses, etc., for the retail sale of intoxicating liquors in connection with their respective businesses, such liquors to be cousued either on the premises or in conjunction with meals sent out, but not otherwise, and it does not authorise the keeping of a public bar: "Chinese wine and spirit shop License"
means a
license to sell Chinese wines and spirits by retail or wholesale such liquor not to be cousued on the premises:
Grocer's License" means a license to sell intoxicating liquors (Chinose wines and spirits excepted) either wholesale or by the bottle, such liquors not to be coisuued on the premises:
Eating-house License" means a liveuse for the keep- ing of any oating-house, coffee house, or other similar house where no intoxicating liquors are sold on the premises.
Distilleries.
3. No person shall make, distil, or verify any spitits, or shall knowingly keep or have in his possession any still or other utensil, or apparatus for distilling or ranking or rectifying spirits, without a license under this Ordinance.
The Colonial Sceretary may issue distillery licenses in the form of scheduló A, on each of which licenses the fee specified in schedule & shall be payable in advance. Such conditions as the Governor in Council may from vime to time determine may be added to such licenses. Every licensed distiller ny sell the liquors he distils, but only in quantities of not less than two gallons of une liquor at one time, and such liquor so sold must not be consumed on the premises.
4. Ir shall be lawful for the Colonial Secretary to issue a Apothecaries, ebecists and liecose free of all charge, to any apothecary, chemist, druggists or druggist applying for the same, to keep and use on his stills of right premises, a still of not more than eight gallons capacity for gallon the purpose of his trade ouly, provided that every such person shall give a bond to the Colonial Secretary with two sufficient. sureties in the sum of one thousand dollars, that the still shall not exceed eight gallons capacity, and that he will not make use of such stili, or suffer it to be made use of, except for the preparation of medicines or other articles required, bona fide, for medical or scientific purposes, and every such person found to have such still without having entered into steh bond and obtained such license, shall be deemed to be guilty of an offence under this Onliuance.
Adulterated Hiquors.
Unlicensed
ited.
5. Any person who shall distil, unke, import, sel), dis- pose of, or deal in any adulterated intoxicating liquor shall he guilty of an offence against this Ordinance, and if such adulterated liquor be injurious to health he may, on a secoul conviction, be sentenced to imprisonment with or withoat hard labour for a period not exceeding six months besides any other pensities to which he may be liable under this Ordinance.
No person shall be convicted under this section if he shows to the satisfaction of the Magistrate before whom bo is charged that he did not know that the liquor imported, soll, disposed of, or dealt in by him was adulterated, and that he could not have known it with any reasonable diligence.
Sale of Intoxicating Liquors.
6. No person shall sell or dispose of, or advertise or sale prolib expose for sale any intoxicating liquor either by wholesale or retail within the Colony, or shall permit or suffer any such intoxicating liquor to be sold or disposed of or advert- isod or exposed for sale in his house or other place within the Colony without an appropriate license under this Ordinance. The delivery of any toxicating liquors shall be taken, in any proeccaling nuder this Ordinance, to be prima facie evidence of sale and that money or other eunsi- deration was given for the same.
Wholesale and retail sok.
7. The holder of grocer's license may also self intoxi- cating liquors (Chinese wines and spirits excepted) wholesale, and the holder of a Chinese wine and spirit shop licence may also sell Chinese wines and spirits, wholesale; but no person shall sell intoxicating liquors by retail without a license to that effect, and this section shall apply to all retail sales of liquor to any person on pretence that he is a
customer for other goods, as well as to all sales of quantities execeding two gallons with an understanding that part is to be returned, and, generally, to any act whatever which, under whatsoover pretehou, constitutes a retail sale of intoxicating liquor.
Temporary Licenses,
8. The Colonial Secretary tony, at any time, issue to Tempeory holders of publieau's or adjunct boenses temporary licensga Hesuses, for the sale of liquors at any public entertainment or on
any public occasion, on payment of such feo, in each case,
us to the Governor shall seem fit.
Publiemu's, and Adjunct Licenses.
9. Every person desirous of obtaining a publicad's or Application adjunct license shall give ten days' notice to the Magis- for reuse, trate in the form of schedule B or C necording to the outure of the license required.
10. The Magistrate, or, when there are more than one. Sessions. any Magistrate may, from time to time, appoint a day Tor co
cousidering and dealing with applications for the grant- ing or transferring of liceuses, which shall be advertised in the Gurernment Gazette and a local newspaper at least one week previously, and such Magistrate, with the assist- auce of such other Justices of the Peace as may attend ou the said day, shall take into consideration all applications which may have been made for licenses for the sale of liquors within the Colony, or for transfers of licenses, and the presiding Magistrate may adjonru the consideration of
all or any of such applications to any other lawful day.
11. Every application for the great or transfer of a - Disagreement cense shall be decided by a majority of rotes of the justices of justices. present. In the case of equality, the presiding Magistrate shall, in addition to his one original rote, lavea casting vote. Provided, however, that in case of any applicant being dis- satisfied with the order of the justices or the majority thereof, the Governor in Council may, in his discretion, alter and amend the order, on the pilltion of the dissatisfied party.
12. Every applicant for a license, whose application way Appleants"
be approved by the justivos assembled us above, shall cuter requis into a veognisance in the form of schedule D or E accordances ing to the nature of the license he requires, whereupon the Magistrate shall deliver to him a certificato in the form of schedule For G according to the nature of his application; and the Magistrate shall, within ten days, transmit to the Treasurer a return of all such cortilentes as may have been granted in the form of schedule II to this Ordinance.
13. The applicant may, within fourteen days from the Pea. License. date of such certifiente, lodge it in the Treasury together with the fee specified in schedule S, whereupon the Treasurer shall issue to him a license in the form of schedule I or J acording to the nature of the license for which the cer- rificate is granted, such license to be called a publicau's licence in the one case, or un adjunct license in the other.
14. Every publican's or adjuret license shall be valid Paranti ef only notil the 30th of November next following the date on Homse, which it is granted: Always provided that, where this period is less than a year, a proportionate part only of the aforesaid fee shall be charged, to which (except in the case
of the transfer of a liceuse) ten per cent shall be added.
15. The Magistrate shall koep a record of ali recognis. Reconds. noces entered into muder section 12, and the Treasurer shall keep a record of all leeuses issued under section 18 of this Ordinance.
Transfers of Publican's and Adjunct Livenses.
16. The presiding Magistrato and justices, at their Tansfer of meetings hereinbefore provided for, may, in their disere- licenses. Lion, transfer, in the form of schedule K, in respect of the silne premises, any publican's license or adjunct license
to the nomince of the original holder of such liceus, sneh nominco making a like application, receiving a like certifi- eate, and entering into like reengnisances, as if applying for a license on his own behalf, The fee specified in Scho- dule S shall be paid by the transferee for cách transfor,
Cases of Death or Insolvency,
licensee.
17. In case of the death or insolvency of any person Death or holding a publicar's license or aljunet lisense under this insolvency of Onlinauce, the executor, or administrator, or trustees of such licensee, may carry on the business of such Deensed house until the expiration of the license, subject to all the sate vogulations as the original licensee, and provided that such executor, administrator, or trustees shall forthwith ester into new recognisances under this Oedimurce.
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