ORDINANCE No. 11 of 1844.
Licensing Public Houses, &c.
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, against a person as a licensed publican, the production of his or her recognizance, shall 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.
17. And be it further enacted, that no licensed person, shall maintain action for, or recover any debt, or demand, on account of spirituous liquors, unless such debt shall bona fide have been contracted at one time to the amount of five dollars, or upwards, 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 dollars, nor any amount of debt whatsoever, incurred by any seaman or soldier in Her Majesty's service for spirituous liquors. Provided always that nothing herein contained shall extend to prevent 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.
18. And be it further enacted, that if the keeper or occupier of any public house 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
Recognizances not to be forfeited until the third conviction and to be evidence of being licensed. Publicans informed against not appearing.
Debts for spirits not recoverable unless contracted for at one time.
Not to prevent inn-keepers having accounts with lodgers.
Publicans shall sell liquors for money only.
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ORDINANCE No. 11 or 1844.
Licensing Public Houses, &c.
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 persoy 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, against a person as a licensed publican, the production of his or her recognizance, shall 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.
any
17. And be it further enacted, that no licensed person, shall maintain action for, or recover any debt, or demand, on account of spirituous liquors, unless such debt shall bond fide have been contracted at one time to the amount of five dollars, or upwards, 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 dollars, nor any amount of debt whatsoever, incurred by any seaman or soldier in Her Majesty's service for spirituous liquors. Provided always that nothing herein contained shall extend to prevent 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.
18. And be it further enacted, that if the keeper or occupier of any public house 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
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Recognizances not to be forfeited until the third convic- tion and to be evidence of being licensed. Publicans infor- med against not appearing.
Debts for spirits not recoverable unless contracted for at one time.
Not to prevent inn-keepers. having accounts with lodgers.
Publicans shall sell liquors for money only.
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