Licensed Publicans Act 1827 No 1a (NSW)

A N N O O C T A V O

G E O R G I I IV . K E G I S .

No. I

An Act to amend an Act of the Governor and Council int i tuled " An Act for repealing the

" Laws now in force relative to the licensing and

" regulating of Public-houses and for the better " regulating the granting of Licenses for the Sale " of Ale Beer Wine Spirits and, other Liquors in " New South Wales in future." [26th February,

1827.]

"for repealing the Laws now in force relative to the licensing and	W H E R E A S by an A c t of t he Governor and Council (number two) of t h e seventh year of H i s present Majes ty in t i tu led " An Act
" regulating of Public-houses and for the belter regulating the granting
" of Licenses for the Sale of Ale Beer Wine Spirits and other Liquors
" in New South wales in future " i t is amongs t o ther t h ings enacted Tha t no person or persons whatsoever shall sell or re ta i l any Ale Beer or o ther M a l t L iquors or W i n e Cider Ginger Beer B r a n d y B u m or any o ther s t rong fermented or Spir i tuous Liquors in New South Wales in less quan t i t y t h a n five gal lons wi thou t first ob ta in ing a License in t h e m a n n e r and form ment ioned in t he said recited A c t and if any person or persons shal l sell or re ta i l any such l iquors con t ra ry to t h e t r u e in ten t and m e a n i n g of t h a t Act he she or they shall forfeit for every such offence t h e sum of Twenty-five Bounds S te r l ing toge ther wi th t he costs of prosecut ion to be recovered in a s u m m a r y way before any Cour t of Genera l or Q u a r t e r Sessions Bro- vided a lways t h a t no th ing contained in t h e said reci ted A c t should be deemed or t aken to apply to any person or persons supply ing his her or the i r free or assigned servant or servants laborer or laborers wi th a reasonable quan t i t y of any such l iquor as aforesaid A n d whereas i t is expedient to repeal such p a r t of t h e said reci ted A c t as re la tes to t h e except ion of persons supplying the i r free or assigned servants or laborers wi th s t rong fermented or spir i tuous l iquors Be it enacted by H i s Excel lency t h e Governor of N e w South W a l e s wi th t h e advice of t h e Legislat ive Council t h a t from and after t he first day of M a r c h nex t no person or persons whatsoever shal l sell or ba r te r to his her or the i r free or assigned servant or servants laborer or laborers on any account or unde r any pre tence whatever any such l iquors as aforesaid in less quan t i ty t h a n five gallons w i thou t first ob ta in ing a License in t he m a n n e r and form ment ioned in t h e said recited A c t and if any person or persons shal l sell or b a r t e r any such l iquors con t ra ry to t h e t r u e in t en t a n d m e a n i n g of th i s A c t he she or they shall forfeit for every such offence t he s u m of

G Twenty-five

Twenty-five P o u n d s Ster l ing to he recovered in t h e same m a n n e r as

fines levied unde r t he said recited A c t are or m a y he recoverable.

2. And whereas hy a P roc lama t ion of H i s Excel lency the
Governor dated t he twen ty-seven th day of October one t housand

e ight h u n d r e d and twenty-s ix it has been t h o u g h t expedient t o

m a k e some a l te ra t ion in t h e t imes of ho ld ing Cour ts of Sessions

whereby i t has become advisable to a l ter t h e mode of proceeding for t he imposing and recover ing of all fine or fines or o ther pena l ty or penal t ies become or to become leviable unde r t h e provisions

of t h e said reci ted A c t Be it fur ther enac ted Tha t from a n d after

t h e pass ing of th i s A c t i t shall be lawful for any two or more	Jus t i ces
of t h e Peace in a s u m m a r y way to t ake	cognizance of any compla in t

m a d e aga ins t any person or persons whatsoever for sell ing any spiri­ t uous or other l iquors con t ra ry to t he provisions of th i s Ac t or of t h e said reci ted Ac t a n d also in a l ike s u m m a r y m a n n e r to impose a n d levy or cause to be imposed a n d levied all fine or fines or o ther penal t ies imposed by th is A c t or by t h e said reci ted A c t aga ins t a l l a n d every person or persons sell ing or ba r t e r i ng spi r i tuous or o ther l iquors con t r a ry to t h e provisions of th i s Act or of t h e said reci ted Ac t .

3 . A n d lie it fu r ther enac ted T h a t if any of t h e said fine or

fines shal l no t be paid wi th in fourteen days after such convict ion as

aforesaid t h e same m a y be enforced by any two Jus t i ces by a t t ach­

m e n t a n d sale of t h e goods a n d effects of t h e person or persons con­ vic ted as aforesaid and in case no such goods and effects shal l be found whereon to levy t h e said fine or fines t h e n i t shall a n d m a y be lawful for such Jus t i ces before w h o m such convict ion as aforesaid shall have t a k e n place to issue the i r w a r r a n t to apprehend t h e person or persons so convic ted and to cause such person or persons to be impr isoned a n d if such Jus t i ces shall t h i n k fit p u t to ha r d labor for any t ime not less than th ree nor exceeding four m o n t h s .