the-ordinances-of-the-legislative-counci-1890 — Page 73

ORDINANCE No. 11 OF 1844. 37


Licensing Public Houses, &c.


licensed person, and the Justices of the Peace at such sessions, shall inquire in a
summary manner into the offence charged in the said complaint, or information , and if
they find that such licensed person hath committed the offence, against the tenor of his
or her license or recognizance in the said complaint or information specified , and that
such licensed person hath been twice or oftener previously convicted of offences against
the tenor of his or her license, or recognizance, it shall be lawful for the said Justices,
at such sessions to adjudge such licensed person, guilty of such third , or subsequent
offence, which adjudication shall be final, and thereupon the said Justices shall have
authority to punish the party so convicted by a fine, or penalty, of not less than fifty
dollars, nor more than five hundred dollars, or (at the discretion of the said Justices,)
by declaring his, or her recognizance, to be forfeited, and also (at their discretion, ) his,
or her license to be void, and such recognizance shall be forfeited, and such license
from thenceforth to be void accordingly, and the said person, whose license shall be
declared void, shall from thenceforth be incapable of receiving , or holding any license
under this Ordinance, for the space of three years, to be computed from the date of
such adjudication .

16. Provided always, and be it further enacted, that no recognizance shall be Recognizances
not to be
declared forfeited, unless upon such adjudication by the said Court of general sessions forfeited until
the third convic
tion and to be
upon such third or subsequent conviction , and in every proceeding under this Ordinance, evidence ofbeing
licensed.
against a person as a licensed publican , the production of his or her recognizance, shall Publicans infor
med against
be evidence , of his or her being such licensed publican, and if such licensed person so not appearing.
complained of, or informed against, for such third or subsequent offence shall not appear
at such next general sessions, pursuant to the summons, it shall be lawful for the 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.

17. And be it further enacted , that no licensed person, shall maintain any action Debts for spirits
not recoverable
for, or recover any debt , or demand , on account of spirituous liquors, unless such debt unless contracted
for at one time.
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 spirituons liquors . Provided always that nothing herein contained shall Not to prevent
inn-keepers
extend to prevent inn-keepers from keeping an account with lodgers and travellers in having accounts
with lodgers.
which any charge for spirits may be included, and recovering the amount thereof, in a
Court of Justice.

18. And be it further enacted, that if the keeper or occupier of any public house Publicans shall
sell liquors for
licensed as aforesaid, shall take or receive from any person whomsoever in payment, or money only.

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