36 COLONIAL ORDINANCES.
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.
Debts for Spirits not XVII. And be it further enacted, That no licensed Person shall
recoverable unless con-
tracted for at one Time. maintain any 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
Not to prevent Inn- Spirituous Liquors : Provided always, that nothing herein contained
keepers having Ac- shall extend to prevent Innkeepers from keeping an Account with
counts with Lodgers. Lodgers and Travellers, in which any Charge for Spirits may be
included, and recovering the Amount thereof in a Court of Justice.
Publicans shall sell
XVIII. And be it further enacted , That if the Keeper or Occupier
Liquors for Money
only. 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 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, indepen-
dently 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.
Liquors in quanti- XIX. And be it further enacted, That every Keeper of a Licensed
ties above Half-a- Pint
to be sold according to House shall sell or otherwise dispose of all Liquors by Retail (except
the Standard Measure. 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.
Strangers' Goods in XX. And be it further declared and enacted, That every House
for Houses
licensed
liable not licensed as herein provided, shall be considered as a Common Inn, and
Rent, or any
other Claim against no Goods or Chattles whatsoever, bona fide the Property of any
such Houses.
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
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