the-ordinances-of-the-legislative-counci-1890 — Page 72

36 ORDINANCE No. 11 OF 1844.


Licensing Public Houses, &c.


and described in such new certificate. Provided , that in such new license, the said
original license shall be briefly recited , and that the same had been as it is hereby
required, to be cancelled, on the issuing of such new licence ; and provided also, that
nothing herein contained shall be deemed, or construed, to admit or sanction the person,
to whom the said original license was granted, to retail any of the liquors aforesaid
elsewhere, than in the house or place expressed in such new license.


Chief Magistrate 12. And be it further enacted , that the said Chief Magistrate shall transmit to the
to transmit lists
ofthe certificates Colonial Treasurer for the time being, within ten days after the granting of such
granted by him
to the Colonial
Treasurer. certificates as aforesaid, a list sigued by him the said Chief Magistrate of all the persons
to whom he shall have so granted certificates, specifying the situation and sign or name
of each house, and if not in Victoria its distance therefrom, the name of the owner or
proprietor, whether before licensed or not, and also the names and residences, of the
sureties.

Publicans tohave 13. And be it further enacted, that every person, who shall be licensed to keep a
their names &c .
painted on their public house shall, and is hereby required , to have his or her name at length painted
premises.
in legible letters at least three inches long, with the words " Licensed to Retail Wines
and Spirituous Liquors," constantly and permanently remaining, and plainly to be seen
and read, on some conspicuous part of his or her house, and the said house shall also
be provided with a proper place of accommodation for the use of the customers thereof,
in order to prevent nuisances or offences to decency.

Unlicensed 14. And be it further enacted, that if any person, not actually holding a license ,
persons, keeping
up a sign, &c. to shall keep up any sign , writing, painting, or other mark, on or near to his house, which
be fined.
may imply, or give reasonable cause to believe, that such house or premises, is or are
licensed for the retail or barter of such liquors as aforesaid, or that such liquors are
sold , served , or retailed therein, or shall offend against the provisions of the last section ,
he shall for every such offence forfeit and pay a sum , not exceeding one hundred
dollars, to be recovered in a summary mauner.


Penalties, and 15. And be it further enacted, that if any licensed person shall offend against the
disabilities for
licensed persons
offending. tenor of his or her license, or shall in any respect commit a breach of any condition of
the recognizance by him, or her entered into, he or she shall forfeit and pay, or become
liable to the several penalties, or disabilities, to be recovered in a summary manner,
hereinafter mentioned : that is to say , for the first offence, a sum of not more than
one hundred dollars, with costs, and for the second offence, a sum of not more than two
hundred dollars, with costs, and for the third, or any subsequent offence , it shall be
lawful for any one Justice, upon complaint , or information of such third or subsequent
offence, to issue a summons requiring the person so complained of, or informed against
.
to appear at the next Court of general sessions of Magistrates, to be holden in the said
Colony, and there to answer to the matter of such complaint , or information , and any
other person or persons, to appear at such sessions, and give evidence against such