Licensed Publicans Act 1837 No 9a (NSW)

No. VIII.

An Act to stay certain proceedings under an

Act inti tuled " An Act for licensing Public-

" houses and for regulating the Bet ail of Fer-

" merited and Spirituous Liquors in New South

" Wales'' and for making further provision

for grant ing such Licenses..	[9th	September,
1837.]

WH E R E A S by an A c t of t he Governor a n d Counci l of New Sou th W a l e s passed in t h e th i rd year of t h e re ign of H i s Majesty

K i n g W i l l i a m t h e F o u r t h in t i tu led "A n Act for licensing Public-houses

" and for regulating the retail of fermented and spirituous Liquors in " New South Wales " it is enacted Tha t if any person shall from and after t h e th i r t i e th day of J u n e one t housand eight h u n d r e d and th i r ty - th ree sell or dispose of by re ta i l in any quan t i t y less t h a n two gallons any ale beer or o the r m a l t l iquor or any wine cider ginger beer spruce beer b r a n d y r u m or o ther fermented or spi r i tuous l iquor in any house or place wi th in t h e Colony of N e w South W a l e s or i ts Dependencies or shal l pe rmi t or suffer any such l iquors as aforesaid to be sold or disposed of by re ta i l as aforesaid by any other person in his or he r house or o ther place w i th in t h e said Colony or i ts Dependencies w i t h o u t h a v i n g first obta ined a license in t h e m a n n e r and form thereinaf ter directed every such person shall forfeit for every such first offence t h e s u m of t h i r t y pounds and for every subsequent offence t he sum of fifty pounds toge ther wi th t he costs of prosecut ion in every case to be recovered before any two Jus t i ces of t he Peace as thereinaf ter provided a n d every such person shall fur ther upon convict ion of any such offence be rendered incapable of hold ing any license to keep a publ ic-house for t h e period of t h r ee years from the t ime of such convict ion and whereas i t is also by t h e said A c t provided t h a t every license g ran ted for sel l ing and re ta i l ing l iquors unde r t h e provisions of t h e said reci ted Ac t shall be valid for one year or un t i l t h e n e x t genera l l icensing day after t h e da te of such license and no longer a n d whereas t h e Jus t i ces ac t ing in and for each distr ict in t h e said Colony are the re in empowered to g ran t certificates in t h e form conta ined in t h e Schedule to t h e said Act annexed a n d whereas i t is by t h e said A c t fur ther enacted t h a t every certificate which shal l be g ran ted by the Jus t i ces to author ize t h e issuing of a l icense as aforesaid shal l after t h e pass ing of t he said recited A c t be n u l l and void unless t h e same and t h e sum requi red to be paid for such license be lodged in t he office of t h e Collector of I n t e r n a l Revenue or in such o ther office as may thereaf ter be

5 c

appointed

appointed by t h e said Governor for t h a t purpose w i th in four teen days

after t he date of such certificate a n d t h e said Collector of I n t e r n a l

R e v e n u e or o ther officer who m a y be appointed for t h a t purpose is

thereby au thor ized and requi red for thwi th after t h e receipt of every such certificate to issue a license in t h e form contained in t h e Schedule to t he said reci ted A c t annexed a n d regis ter t h e same in his office u p o n paymen t be ing m a d e to t h e said Collector of I n t e r n a l R e v e n u e or other officer of t h e s u m of twenty-five pounds s ter l ing for every such license and whereas l icenses have been heretofore issued upon t h e certificate so g ran ted by t h e Jus t i ces as aforesaid and upon receiving p a y m e n t of t h e said sum of twenty-five pounds as aforesaid notwi th­ s tand ing t h a t such certificate and t h e sum requi red to be paid for such license have n o t been lodged in t h e proper office wi th in fourteen days after t h e da te of such certificate a n d such licenses have been and now are considered by t h e persons ho ld ing t h e same as good a n d val id licenses for t h e presen t year and un t i l t h e n e x t genera l l icensing day and the several persons to w h o m such licenses have been issued as aforesaid upon certificates so declared by t h e said A c t of Counci l t o be nu l l and void as aforesaid have u n d e r colour of such licenses so obta ined as last aforesaid sold by re ta i l fermented or sp i r i tuous l iquors a n d the reby inadver ten t ly incur red and become liable to

t he penal t ies and disabili t ies by t h e said A c t imposed and inas­

m u c h as such persons m a y have been misled by t h e g r a n t i n g of such licenses upon certificates no t lodged wi th in fourteen days after t h e da te thereof as requi red by t h e said A c t for remedy thereof Be i t enacted by H i s Excel lency the Governor of New South W a l e s w i th t h e advice and consent of t h e Legislat ive Counci l thereof Tha t every such person who a t any t ime before t h e pass ing of th i s A c t shall have obta ined from t h e said Colonial Treasure r such license for t h e selling a n d re ta i l ing l iquors as aforesaid u p o n a certificate so declared nu l l a n d void as aforesaid unde r a n d in pu r suance of t h e provisions of the said recited A c t a n d who a t any t ime since t he obta in­ i ng such license by sell ing or disposing of by re ta i l in any quan t i t y less t h a n two gal lons a n y ale beer or other m a l t l iquor or any wine cider g inger beer or spruce beer b r a n d y r u m or o ther fermented or sp i r i tuous l iquor in any house or place as aforesaid or who shall have pe rmi t t ed or suffered any such l iquors as aforesaid to be sold or dis­ posed of by re ta i l as aforesaid and the reby shal l have incur red t h e pena l ty a n d disabil i ty aforesaid shall from a n d immedia te ly after t h e

pass ing of th i s Ac t be a l toge ther freed acqui t t ed and discharged of

and from every such pena l ty a n d disabili ty and all proceedings now pend ing for t h e recovery thereof shal l be n u l l and void t h e said reci ted Act or a n y o ther A c t to t h e cont ra ry thereof no twi ths tand ing .

2. A n d be it enac ted T h a t all such licenses so issued b y t h e said Colonial Treasurer as aforesaid upon certificates so declared n u l l and void as aforesaid shal l a n d t h e same are he reby declared to be as val id and effectual for the selling and re ta i l ing of l iquors as aforesaid

u n t i l t h e n e x t general l icensing day after t he date of	such l icense a n d
n o longer as if t he same h a d been legally and regula r ly issued	u n d e r
and in pu r suance of t h e provisions of t h e said recited Ac t .

3. A n d whereas it is expedient and necessary from t h e extens ion of t h e boundar ies of t he said Colony of New South W a l e s and i t s Dependencies t h a t provision should be made for t h e i ssuing of licenses for t h e selling and re ta i l ing of l iquors u n d e r t h e said reci ted Ac t a t P o r t Ph i l l ip a n d other d is tant places wi th in t he said Colony and i ts Dependencies Be it therefore enacted Tha t from and after t he pass ing of th is A c t it shall and may be lawful for t h e Governor of t he said Colony for t h e t ime-being to nomina te and appoint any one or more officer or officers a t any dis tant place or places wi th in the said Colony

and

and i ts Dependencies to issue licenses for sell ing and re ta i l ing l iquors

unde r t h e provisions of t he said reci ted A c t and t h a t such licenses so issued by such officer or officers shal l he valid a n d effectual to all in ten t s a n d purposes as if t h e same were issued and g ran ted u n d e r t h e said reci ted A c t Provided always t h a t every person to w h o m such l icense shall he so gran ted as aforesaid shall in all respects whatsoever comply wi th and he subject and liable to t h e ru les regula t ions provi­

sions pena l ty and disabili ty and shall do and perform all th ings what ­

soever w h i c h persons licensed u n d e r t h e said reci ted A c t a re requ i red

to do or to which such persons a re made subject.

4. A n d whereas t h e Jus t ices ac t ing wi th in t h e distr ict of

P o r t Phi l l ip in t h e said Colony of N e w Sou th W a l e s have g ran ted

certificates to cer ta in individuals for t he purpose of enabl ing t h e m

to apply for a n d obta in such license for t h e sel l ing a n d re ta i l ing

l iquors unde r t h e provisions of t he said reci ted A c t and such per­

sons have pa id to t h e Pol ice Mag i s t r a t e of P o r t Phi l l ip aforesaid the sums m a d e payable for such licenses as aforesaid a n d have sold and disposed of l iquors b y re ta i l as aforesaid u n d e r such certificates

not h a v i n g been able t o p rocure such licenses in consequence of t he

w a n t of communica t ion be tween P o r t Ph i l l ip a n d Sydney in t h e Colony aforesaid where t h e Colonial Treasure r who is now legally au thor ized to issue t h e same resides and whereas i t is expedient t h a t such persons and any other persons to be approved by t h e J u s ­

tices of P o r t Phi l l ip be licensed to sell and re ta i l l iquors i n t h e said

distr ict for t he p resen t year n o t w i t h s t a n d i n g t h e t ime appointed for

issuing t h e same by the said reci ted A c t is now passed Be i t the re ­

fore enac ted T h a t i t shall and m a y be lawful for t h e officer to be appoin ted b y H i s Excel lency t h e Governor unde r t he provisions of th is A c t to issue licenses for t h e selling a n d re ta i l ing l iquors as aforesaid

u n d e r t h e provisions of t h e said reci ted A c t and of th is A c t wi thou t

reference to t h e date of t he certificate g ran ted or to be g ran t ed by t h e

said Jus t i ces or t h e t i m e of g r a n t i n g t he same u n t i l t h e n e x t general

l icensing day to be he ld wi th in a n d for t h e said distr ict of P o r t

Ph i l l ip after t h e date of such license and no longer a n d t h a t such licenses when issued shal l be and are hereby declared to be as valid and effectual i n law as if t he same h a d been legally a n d regular ly issued unde r t he said rec i ted A c t and t h a t every such pe r son who a t

any t i m e before t h e pass ing of th i s Ac t by selling' and re ta i l ing l iquors

as aforesaid w i thou t hav ing obta ined such license as aforesaid shal l

have incur red t h e pena l ty and disabil i ty aforesaid shal l on t a k i n g out

and ob ta in ing such license as aforesaid be and he and every of t h e m is hereby a l together freed acqui t ted and discharged of and from every such pena l ty and disabil i ty and all proceedings for t h e recovery thereof

shal l be n u l l a n d void t h e said reci ted A c t or any o ther A c t or Acts

to t he con t ra ry no twi th s t and ing Provided a lways t h a t upon t h e issue

of any such l icense for P o r t Phi l l ip as aforesaid i t shal l be lawful to

demand a n d receive such propor t ion only of t he s u m requi red for a license by t h e said reci ted A c t as shall be propor t ioned to the unexpi red res idue of t h e year d u r i n g which such license shall r ema in in force.

SYDNEY :  Pr in ted by THOMAS RICHARDS, Government Pr in ter . 1 8 6 1 .