the-ordinances-of-the-legislative-counci-1890 — Page 77

ORDINANCE No. 11 OF 1844 . 41


Licensing Public Houses, &c.

* [*Amended by
spirituous, or other liquors as aforesaid in any quantity less than two gallons shall
Ord. No. 7 of
be deemed and taken to be good and sufficient primâ facie evidence of money, or other 1838.]

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
satisfaction of the Magistrate, Justice or Justices , hearing the case.

29. (34.) And be it further enacted, that in all proceedings whatsoever, against any In proceedings
the proof ofbeing
licensed to lie
person for retailing, or permitting or suffering to be retailed , any such liquors without with the party
charged.
a license, such person, shall 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 satisfactory proof of his, or her being a licensed person.
And every licensed person as aforesaid, shall on demand at his, or her licensed house, Pablicans to
produce their
licenses to
produce his , or her license to any Justice of the Peace, or any constable authorized by Justices on
demand.
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.

30. (35.) And be it further enacted, that if any person be convicted of keeping a Disorderly
houses may be
searched for six
disorderly house, or of unlawfully retailing any such liquors as aforesaid , the house and months after
conviction.
premises of such person, and the 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 consta
bles, or other peace officer or officers, with, or without warrant, for six months next
after such conviction . Provided that the same or any part thereof, shall be occupied
by the party, or parties, so convicted, and all such liquors as aforesaid, as at any time
within the said six months, shall be found in any such house, lodging , shop , court yard ,
or premises shall , and may be seized , and forthwith removed, and disposed of, in the
manner hereinbefore directed for the disposal of such liquors, seized in an unlicensed
house.

31. (36.) And be it further enacted, that whenever any Justice of the Peace, or Persons drinking
in unlicensed
houses to be
any chief, or other constable shall find any person, drinking in any house, shop, store apprehended.
house, or other building, or any booth , shed, or hut, tent, stall, or place in which, or
where, any ale, beer, wine, cider, ginger beer, spruce beer, brandy, rum , or other fer
mented, or spirituous liquors, shall be sold, or disposed of by retail, and the license
for such sale shall not on demand be produced to such Justice or constable, it shall and
may be lawful for such Justice of the Peace, or constable, to apprehend all such
persons so found drinking there : and every such person so found drinking , shall, upon
the view of such Justice, or upon conviction before any Justice of the Peace, forfeit
and pay for every such offence, a sum not exceeding twenty dollars , to be recovered in
a summary manner, unless such person shall inform against such unlicensed person , or
voluntarily become a witness against him, or her, in respect of such act of selling, and
retailing.