1890_LICENSING_PUBLIC_HOUSES___c__ORDINANCE — Page 6

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Liquors in quantities above half pint to be sold according to the standard measure.

Stranger's goods in licensed houses not liable for rent or any other claim against such houses.

Justices, or constables authorized may enter public houses at all times.

ORDINANCE No. 11 OF 1844.

Licensing Public Houses, &c.

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.

19. And be it further enacted, that every keeper of a licensed house shall sell, or otherwise dispose of all liquors by retail (except in quantities less than a half pint,) by the gallon, quart, pint, or half pint, of full imperial measure, according to 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 he shall for every such offence forfeit the illegal measure, and pay a sum not exceeding fifty dollars, in a summary way.

20. And be it further declared and enacted, that every house licensed as herein provided, shall be considered as a common inn, and no goods, or chattels whatsoever, bona fide the property of any stranger, or strangers, and being in such licensed house, or the appurtenances thereof, or any place used and occupied therewith, in the ordinary 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 to levy by distress and sale of the goods or effects of the person, or persons, distraining, or seizing such goods or chattels as aforesaid.

21. And be it further enacted, that it shall be lawful for any Justice of the Peace, or any constable generally authorized by a Justice of the Peace in that behalf, to demand entrance into any licensed public house, or the appurtenances thereof at any time, by day, or night, and if admittance be delayed for such a time, as shall make it appear to 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, anything hereinbefore 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.