ORDINANCE No. 11 OF 1844.
Licensing Public Houses, &c.
4.
22. And be it further enacted, that if any licensed person shall abandon the occupation of his or her licensed house, as his or her usual place of residence, and permit any person whatsoever, to manage, superintend, or conduct the business of such 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, anything hereinbefore contained to the contrary notwithstanding.
23. And be it further enacted, that if any licensed person shall employ any unlicensed person to sell, or dispose of by retail as aforesaid, any such liquors as aforesaid in any house, or in any cart, dray, or other carriage, or in any vessel or boat, or 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 as aforesaid, with the knowledge or upon the understanding that such liquors are to be sold, retailed, or bartered by such unlicensed person, contrary to the true intent 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 sum not exceeding two hundred dollars.
24. And be it further enacted, that no ale, beer, wine, cider, ginger beer, spruce beer, brandy, rum, or any other fermented, or spirituous liquors, shall be sold or disposed of by retail, in any quantity less than two gallons, in any house or place, in or on which a retail shop for the sale of other articles is kept, and if any person shall sell or dispose of by retail any such liquors as aforesaid in such house or shop, or shall supply or deliver any such liquors to any person coming to such house or shop, under the pretence of such last-mentioned person being a customer, or under any other pretence whatsoever, every such person so offending shall, upon conviction thereof in a summary manner, be subject to the same penalty as if he or she had been convicted of selling any such liquors as aforesaid by retail without a license, contrary to the provisions of this Ordinance.
25. And be it further enacted, that if any person shall sell, or deliver to an unlicensed person any such liquors in a quantity exceeding two gallons, with an understanding that part thereof shall be returned, so that after such part shall have been returned, the quantity actually sold, or delivered shall be under two gallons, then, in each of such cases, such retail shopkeeper, dealer, or person, shall, upon being convicted of any such offence, be subject to the same penalty as if he or she had been convicted of selling any such liquors as aforesaid by retail without a license, contrary to the provisions of this Ordinance.
[Five new sections added by Ordinance No. 7 of 1858 and following sections renumbered as in brackets.]
26. (31.) And be it further enacted, that it shall and may be lawful for any Justice of the Peace, constable, or other peace officer, to seize and take away, or to destroy, or cause to be seized, taken away, or destroyed, all such spirituous or other liquors as aforesaid, as shall be hawked about, or exposed to sale, in any street, road, foot-path, or
39
Penalties for publicans abandoning the occupation or management of their houses.
Or employing unlicensed person to retail liquors out of their houses or disposing of them for that purpose.
No liquors to be retailed where a retail shop is kept.
Persons selling two gallons of liquors with an understanding that part shall be returned.
Penalty.
Liquors hawked about to be seized and condemned.
ORDINANCE No. 11 OF 1844.
Licensing Public Houses, &c.
4.
22. And be it further enacted, that if any licensed person shall abandon the -occupation of his or her licensed house, as his or her usual place of residence, and permit any person whatsoever, to manage, superintend, or conduct the business, of such 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 hereinbefore contained to the contrary notwithstanding.
23. And be it further enacted, that if any licensed person shall employ any unlicensed person to sell, or dispose of by retail as aforesaid, any such liquors as aforesaid in any house, or in any cart dray or other carriage, or in any vessel or boat, or 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 as aforesaid, with the knowledge or upon the understanding that such liquors are to be. sold retailed or bartered by such unlicensed person, contrary to the true intent 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 sum not exceeding two hundred dollars.
24. And be it further enacted, that no ale, beer, wine, cider, ginger beer, spruce beer, brandy, rum, or any other fermented, or spirituous liquors, shall be sold or disposed of by retail, in any quantity less than two gallons, in any house or place, in or on which a retail shop for the sale of other articles is kept, and if any person shall sell or dispose of by retail any such liquors as aforesaid in such house or shop, or shall supply or deliver any such liquors to any person coming to such house or shop, under the pretence of such last mentioned person being a customer, or under any other pretence whatsoever, every such person so offending shall upon conviction thereof in a summary manner be subject to the same penalty as if he or she had been convicted of selling any such liquors as aforesaid by retail without a license, contrary to the provisions of this Ordinance.
shall sell, or deliver unlicensed person 25. And be it further enacted, that if any any such liquors in a quantity exceeding two gallons, with an understanding that part thereof shall be returned, so that after such part shall have been returned, the quantity actually sold, or delivered shall be under two gallons, then and each of such cases such retail shopkeeper, dealer, or person, shall upon being convicted of any such offence, be subject to the same penalty as if he or she had been convicted of selling any such liquors as aforesaid by retail without a license, contrary to the provisions of this Ordinance.
[Five new sections added by Ordinance No. 7 of 1858 and following sections renumbered as in brackets.]
any Justice 26. (31.) And be it further enacted, that it shall and may be lawful for of the Peace, constable or other peace officer, to seize and take away, or to destroy, or cause to be seized taken away, or destroyed, all such spirituous or other liquors as -aforesaid, as shall be hawked about, or exposed to sale, in any street road foot-path or
39
Penalties for publicans abandoning the occupation or management of their houses.
Or employing unlicensed person to retail liquors out of their houses or dis- posing of then for that purpose.
No liquors to he retailed where a retail shop is
kepte
Persons selling two gallons of liquors with an understanding that part shall be returned.
Penalty.
Liquors hawked about to be seized and condemned.
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