hongkong-colonial-ordinances-1847 — Page 44

7° VICTORIE.- No 11 OF 1844. 39


stable 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 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 Enquiry
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.


XXVIII. And in order to remove any Doubts which may arise dence What ofdeemed Evi-
Retailing
as to what may constitute or establish a selling or disposing by Retail without a Licence.
of Liquors, contrary to the true Intent and Meaning of this Ordi-
nance : Be it further enacted, That the Delivery of any such Spirituous
or other Liquors as aforesaid, in any Quantity less than Two Gallons,
shall be deemed and taken to be good and sufficient prima facie
Evidence of Money or other Consideration being given for the same,
so as to support a Conviction for retailing Liquors contrary to this
Ordinance, unless Proof shall be made to the contrary to the Satis-
faction of the Magistrate, Justice, or Justices, hearing the Case.


XXIX. And be it further enacted, That in all Proceedings what- ProofIn Proceedings, the
of being licensed
soever against any Person for Retailing, or permitting or suffering to to lie with the Party
be Retailed, any such Liquors without a License, such Person shall, charged.

for all Purposes connected with those Proceedings, be deemed
and taken to be unlicensed, unless he or she shall, at the hearing of
the Case, produce his or her License before, and exhibit the same to
the sitting Justices, or shall then and there produce other satisfac-
tory Proof of his or her being a licensed Person ; and every licensed Publicans to pro-
duce their Licenses to
Person as aforesaid shall, on Demand, at his or her licensed House, Justices on demand.
produce his or her License to any Justice of the Peace, or any Con-
stable authorized by any Justice, by any Writing under his Hand in
that behalf ; and if any such licensed Person shall refuse or neglect
so to produce his or her License, he or she shall forfeit and pay for
every such Refusal or Neglect, a Sum not exceeding Fifty Dollars, to
be recovered in a Summary Manner.

XXX. And be it further enacted, That if any Person be convicted Disorderly Houses
may be searched for
of keeping a Disorderly House, or of unlawfully Retailing any such Six Months after Con-
Liquors as aforesaid, the House and Premises of such Person, and the viction.
House, Lodging, Shop, or Warehouse where such Offence shall have
been committed, and any Court or Yard connected therewith, shall be
liable to be searched at any Time of the Day or Night, by any
Constable or Constables, or other Peace-Officer or Officers, with or
without Warrant, for Six Months next after such Conviction, provided
that