1890_LICENSING_PUBLIC_HOUSES___c__ORDINANCE — Page 8

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Ifit be suspected that liquors are retalled in any unlicensed house they niny be seized, and if

after exmulation

it shall so appeur

they shall be

rfeited.

What deemed evidence of

ORDINANCE No. 11 OF 1844.

Licensing Public Houses, &c.

any other place whatever, or in any booth tent stall or shed, or in any boat or vessel by any person not licensed to sell the same in such place, and the vessels containing the same, and all vessels and utensils used for drinking or measuring the same, and any cart dray or other carriage, and any horse, or horses, or other animal or animals, employed in drawing, or carrying, the same, as well as any boat, or vessel used in the conveyance of such liquors as aforesaid: and it shall be lawful for any one, or more Justice or Justices of the Peace on his or their own view, or on confession of the party, or by proof of such offence by the oath of one, or more credible witness, or witnesses, to convict any person so offending, of selling spirits without a license, and to adjudge hip her or them, liable to all the penalties imposed by this Ordinance, for such offence: and to cause such liquors vessels and utensils containing the same, and any cart dray or other carriage, horse, or horses, or other animal, or animals, and any boat, or vessel used in conveying the same to be sold: and the proceeds thereof after deducting the expenses of sale, shall be paid one moiety, to the use of the Queen, and the other moiety, to the person, or persons who may in any such case first seize, inform, or pro- secute.

27. (32.) And be it further enacted, that upon infórmation on oath being made before any Justice of the Peace, by any constable, or credible person, that he or she- doth verily suspect and believe that any such liquor, or liquors as aforesaid, is or are, or have been sold, or retailed, in any particular unlicensed house, or other unlicensed place, and such other constable, or other persons shall in such information set forth and show reasonable grounds for such belief and suspicion, then and in such case it shall be lawful for such Justice, in his discretion, to grant his warrant, to any constable to enter, and search any such house, or other place by day, and such constable may break open the doors, if not opened within a reasonable time after demand, and seize all such fermented, and spirituous liquors as aforesaid, as he shall then and there find, and the vessel, or vessels in which such liquors shall be contained and shall and may detain the same until the owner thereof shall appear before any Magistrate of Police, or before two, or more Justices of the Peace, to claim such liquors, and shall satisfy the said Magistrate, or Justices, how, and for what purpose he became possessed of the same, and if it shall appear to the said Magistrate, or Justices, after due inquiry and examination, that such liquors were in the said house, or other place, for the purpose of being illegally sold, or disposed of by retail, then such Magistrate or Justices shall adjudge the said liquors, and vessel or vessels to be condemned, and forfeited, and the same shall, and may be sold, and the proceeds thereof after payment of such costs as may be assessed, and awarded by such Justices, shall be applied, and distributed in equal moieties to the use of Her Majesty, and to or amongst the party or parties so informing, but if otherwise, then such liquors, and vessel, or vessels, shall be forthwith restored to the proper owner.

28. (83.) And in order to remove any doubts which may arise as to what may con- retailing without stitute, or establish a selling, or disposing by retail of liquors contrary to the true intent and meaning of this Ordinance: Be it further enacted, that the delivery of any such.

hecuse.