No. XIII.
An Act to amend an Act int i tuled " An Act for " consolidating and amending the Laws relating " to the licensing of Public-houses and for "further regulating the sale and consumption " of fermented and spirituous Liquors in New
| " South | Wales" | [ 25$ September, 1839.] |
| WH E R E A S by an Act or Ord inance of t h e Governor and Counci l | of N e w Sou th W a l e s passed in t h e second year of t h e re ign of |
| H e r presen t Majesty in t i tu led " An Act for | consolidating | and | amending |
| " the Laics relating | to the licensing of Public-houses | and for | further |
| " regulating | the sale and consumption | of fermented | and | spirituous |
" Liquors in New South Wales" it is enac ted t h a t if any person shal l sell or dispose of in a n y house or place wi th in t h e said Colony any fer m e n t e d or sp i r i tuous l iquors or any mixed l iquors p a r t of which is fer
| opera t ion of said exceptions shal l dispose of any q u a n t i t y no t less t h a n two gal lons of any fermented l iquors no p a r t of which is spi r i tuous nor to a n y person or persons who m a y give wine or beer made from grapes or g ra in of his he r or the i r own g rowth in p a r t paymen t of wages to laborers on lands owned or ren ted by h i m her or t h e m A n d whereas i t is deemed expedient to author ize t h e Governor to extend the operat ion of said first reci ted case of except ion to such other places (not be ing towns) as t he Governor shall from t ime to t ime declare by not ice in t h e Government Gazette A n d whereas i t is deemed expe dient to ex tend the last reci ted case of except ion to beer m a d e from | sugar |
| m e n t e d or spir i tuous wi thou t h a v i n g first obta ined a l icense such | person |
| shal l be l iable to cer ta in penal t ies the re in men t ioned | A n d whereas | t h e r e |
are cer ta in exceptions in t h e said reci ted Ac t a m o n g others t h a t t h e aforesaid enac tmen t shal l no t apply to any person who wi th in cer ta in towns there in specified and such other towns in t h e said Colony or i t s Dependencies as shall by t he Governor or A c t i n g Governor for t h e t ime be ing by a not ice to be publ ished in t he New South Wales
| Government | Gazette | be from t ime to t ime declared to come u n d e r t h e |
sugar by any propr ie tor or occupier of any lands for t h e use of his he r or t he i r own es tab l i shment Be i t therefore enacted T h a t from and after t h e pass ing of th i s Ac t n o t h i n g i n - t h e said recited A c t conta ined shal l be cons t rued to apply to any person or persons who wi th in such o ther places (not being towns) in t h e said Colony as t he Governor or A c t i n g Governor for the t ime being b y a notice to be publ i shed in t h e New South Wales Government Gazette shal l from t ime to t i m e declare to come unde r t h e operat ion of t he second section of t he said reci ted Ac t shall dispose of any quan t i t y not less t h a n two gal lons of any fermented l iquors no p a r t of which is spi r i tuous nor to any person or persons who shall m a k e or brew beer from sugar for t h e use of h is he r or the i r own es tabl i shment a n d who may give the same in pa r t p a y m e n t of wages to laborers on lands owned or ren ted by
| h i m her or t h e m any law to t he cont ra ry in anywise | no twi ths t and ing . |
| 2. A n d whereas i t is requi red by the said recited Ac t | Tha t |
| every person desirous of ob ta in ing any license u n d e r t he said | Act |
| shall on or before t h e first | Tuesday in t h e m o n t h of Apr i l in | every |
| year deliver to t h e Clerk or person officiating as Clerk of t h e | P e t t y |
Sessions for t he distr ict a not ice in wr i t i ng of his or her in t en t ion to apply for the same A n d whereas i t is deemed expedient t h a t t he names of t h e said appl icants should be publ ic ly k n o w n in sufficient t ime
| before t he A n n u a l Licensing Mee t ing | in order to allow the | charac ter |
of each appl icant to be be t te r ascer ta ined Be it enacted Tha t t he Clerk of every such P e t t y Sessions as aforesaid shal l be and is hereby requ i red to cause a l ist of t he names of all such appl icants toge ther w i th the i r places of abode respectively a n d the descript ion of license for which each such person has applied to be posted u p on or before t he second Tuesday in t he said m o n t h of Apr i l in some conspicuous place inside and also outside every Police Office a t which such P e t t y Sessions shal l be held and t h e same to be k e p t so posted u p un t i l after t h e day of t h e said A n n u a l Licens ing Mee t ing A n d if such list shal l be neglected to be so posted and kep t u p un t i l after t he day for t h e ho ld ing the said A n n u a l Licens ing Mee t ing as aforesaid every such Clerk of P e t t y Sessions shal l for such neglect or default be liable a t t h e discret ion of any one or more Jus t i ce or Jus t i ces of t h e Peace to a pena l ty no t exceeding ten pounds .
| 3 . | A n d whereas i t is also requi red unde r a cer ta in pena l ty | t ha t |
every holder of a Pub l i can ' s Genera l License or W i n e a n d Beer License shal l keep a l a m p over his or her door to be kep t b u r n i n g t h e whole
| of every n i g h t | A n d whereas it m a y frequently happen t h a t such l amp |
| m a y be ex t ingu ished by bois terous wea the r or some unforeseen acci |
dent and it is expedient in any such case to give t h e Jus t i ce or Jus t i ces before w h o m any such complaint shal l be hea rd a discret ionary power of convict ion Be i t therefore enacted Tha t in any such case as afore said i t shal l and may be lawful for t h e Jus t i ce or Jus t i ces before whom any such compla in t shall be hea rd to exercise his or the i r discretion in t h e case and t h a t i t shal l n o t from and after t he pass ing of th i s Ac t be obl igatory on such Jus t i ce or Jus t i ces to convict on ba re proof of any such l amp being ex t inguished Provided however t h e onus of proof to rel ieve himself or herself from such pena l ty shall be t h rown upon the person so complained against .
4s. A n d be it enacted Tha t no conviction shall be h a d under t h e
| said | reci ted | A c t | on | any case h a p p e n i n g | more t h a n | th ree m o n t h s | before j |
| t h e t i m e of l ay ing the | complaint . |