Licensed Publicans Act 1849 No 29a (NSW)

No. XXIX.

An Act to consolidate and amend the Laws relating' to the licensing of Public-houses and to regulate the Sale of Fermented and Spirituous Liquors in New South Wales.

[2nd October, 1849.]

WH E R E A S it is expedient to repeal all the laws at present in force wi th respect to t he l icensing and regulating' of public-

houses and to t he retai l ing of fermented and sp i r i tuous l iquors in the Colony of N e w South Wales and to m a k e a new Act for those purposes Be it therefore enacted by H i s Excel lency t h e Governor of New South Wales with t he advice and consent of t he Legislat ive Council thereof T h a t so m u c h of a certain Act of the Governor and Legislat ive Council of the said Colony passed in the e ighth year of the re ign of His late Majesty K i n g Wi l l i am the F o u r t h int i tuled " An Act to stag certain

" proceedings under an Act intituled ' An Act for licensing Public-

houses and for regulating the retail of fermented and spirituous

" ' liquors in New South Wales and for making further provisions for
" ' granting such licenses1 " as authorizes the said Governor to nomi­

n a t e and appoin t officers in dis tant places wi th in t he said Colony to issue licenses (being the th i rd section of the said Act) and an Ac t of t he Governor and Legislative Council of t h e said Colony passed in t h e second year of t he re ign of H e r present 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" and an Act of t he Governor and Legislat ive Council of the said Colony passed in t h e th i rd year of t h e reign of H e r present Majesty in t i tu led

" An Act to amend, an Act intituled, ' 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' " and an A c t of t he Governor and Legislat ive Council of t h e said Colony passed in t h e s ixth year of t h e reign of H e r present Majesty in t i tu led

" ' of fermented and spirituous liquors in New South Wales'" shall be and the same are hereby repealed except so far as any o ther Ac t of t he Governor and Legislat ive Counci l of t he said Colony is thereby respect ively repealed and except as to any th ing done or commenced to be done u n d e r t he said recited Acts or any of t h e m and also s o far as regards a n y t h i n g re la t ing to wine and beer licenses issued before t h e pass ing of th i s Act which shall un t i l t he first day of J u l y nex t be regula ted

" An Act for directing the application, of all Fines imposed for

Drunkenness " and an Ac t of t h e Governor and Legislative Council of the said Colony passed in t h e seventh year of t he re ign of H e r present Majesty in t i tu led " An Act to amend an Act intituled ' An Act

" 'for consolidating and amending the Laws relating to the licensing

" ' of Public-houses and, for further regulating the sale and consump-

" ' lion of fermented and spirituous liquors in New South Wales ' " and also an Act of t he Governor and Legislat ive Counci l of the said Colony passed also in t he seventh year of t he re ign of I t e r present Majesty in t i tu led " An Act to amend an Act intituled ' An Act for

" ' consolidating	and amending	the Laws relating	to the licensing	of
" ' Public-houses	and, for further	regulating	the sate and	consumption

regula ted by a n d be subject to the provisions of any of t h e said recited

Acts r e la t ing to such licenses.

2. A n d be it enacted That if any person shall sell or dispose of in any house or place wi th in t h e Colony of N e w South W a l e s any

fermented or sp i r i tuous l iquor or any mixed l iquor p a r t of which is fermented or sp i r i tuous or shall permi t or suffer any such l iquor to be sold or disposed of by any other person in his house or o ther place wi th in t he said Colony wi thou t hav ing first obtained in m a n n e r and form hereinafter directed a license sufficiently au thor iz ing such sale or disposal as aforesaid every such person shall forfeit for every such first offence t h e sum of th i r ty pounds and for every subsequent offence the s u m of fifty pounds toge ther wi th t he costs of prosecution in every case to be recovered before any two Jus t i ces of the Peace as hereinafter provided and every such person shall fur ther upon convict ion of any such offence be rendered incapable of hold ing any license whatsoever unde r th i s Act for t h e period of t h ree years from t h e t ime of such convict ion.

3 . Provided always and be it enacted Tha t n o t h i n g in th i s Act

conta ined shall be construed to apply to any person selling any distilled or sp i r i tuous perfume bona fide as perfumery and no t for t he purpose of d r ink ing nor to any person prac t i s ing as an apothecary chemist or d ruggis t who may adminis te r or sell any sp i r i tuous or fermented l iquor as medicine or for medicinal purposes nor to any person who wi th in t h e Cities of Sydney Newcast le or Me lbou rne or t he Towns of P a r r a - m a t t a W i n d s o r or Ma i t l and or such other towns wi th in t he said Colony as shall be by t h e Governor for t he t ime being by a notice to be publ ished in the New South Wales Government Gazette from t ime to

t i m e declared to come u n d e r t h e operat ion	of th is clause shall dispose
of any quan t i t y not less t h a n two gal lons of any fermented or	sp i r i tuous

l iquor or any mixed l iquor pa r t of which is fermented or spi r i tuous if such q u a n t i t y do not include less t h a n two gallons of any one descript ion of l iquor and is no t delivered in quant i t ies less t h a n two gal lons at one t ime nor to any person who wi th in t h e Towns of Liver­ pool Campbel l town Wol longong Ber r ima Gou lbu rn E a t h u r s t P e n r i t h

R i c h m o n d Morpe th Car r ing ton or Po r t Macquar ie or such o ther towns

or places wi th in t he said Colony as shall be b y t h e Governor for	t h e
t ime be ing by a notice to be publ ished in t h e New South	Wales

Government Gazette from t ime to t ime declared to come unde r t h e

operat ion of th i s clause shal l dispose of any quan t i t y no t less t h a n two

gal lons of any fermented l iquor con ta in ing a quan t i t y of alcohol not

exceeding twenty-five per c e n t u m nor to any grower or maker of wines
from grapes t he produce of t h e said Colony who shall dispose of t he

same in any quan t i ty no t less t h a n two gal lons nor to any person who m a y give wine or beer m a d e from grapes or gra in of his own g rowth or beer brewed by h im from sugar for the use of his own es tabl i shment in p a r t paymen t of wages to laborers on lands owned or ren ted by h i m nor to any mi l i ta ry canteen duly established unde r t he regula t ions of

H e r Majes ty ' s service.

4. A n d be it enacted Tha t t he licenses to be gran ted by v i r tue of th is Act shall be of th ree k inds namely one to be g ran ted to inn­ keepers and publ icans for t h e sale of all l iquors as aforesaid and which shall for the purposes of th i s A c t be denominated a " Pub l i can ' s General L i c e n s e " and shall be in the form in t h e Schedule he r eun to annexed marked A one o ther to be granted to mas te r s or commanders of s team or other vessels conveying passengers as hereinafter ment ioned which for t he purposes of this Act shall be denominated a " Packe t License " and shall be in t h e form in t h e Schedule he reun to annexed marked B and ano ther to be gran ted to confectioners or pas t ry cooks for t he sale of ginger beer and spruce beer and which for the purposes

of

of th i s Ac t shall he called a " Confectioner 's L icense" and shall be in t he form in the Schedule hereunto annexed marked C all which licenses if g ran ted a t the A n n u a l Licensing Mee t ing or at any transfer mee t ing held before t h e first day of J u l y nex t after such A n n u a l Licens ing Mee t ing shall commence on the said first day of J u l y and if g ran ted any t ime subsequent to such first day of J u l y shall commence from the date of such license to the th i r t i e th day of J u n e next ensuing and both such licenses shall cont inue in force unt i l t h e said th i r t i e th day of J u n e inclusive (unless sooner forfeited) and no longer.

5. A n d be it enacted That every such Publ ican ' s General License as aforesaid shall author ize the person the reby licensed to sell and dispose of any fermented or spi r i tuous l iquor or any mixed l iquor pa r t of which is fermented or spi r i tuous in any quan t i t y in the house or on t he premises there in specified Provided however t ha t no such license shall be held to author ize any such sale in any place where a retai l shop is kep t upon pre tex t of refreshment allowed to cus tomers or otherwise howsoever.
6. A n d be it enacted Tha t every such Packe t License as afore­ said shal l be held to author ize t he mas te r or commander for the t ime being of t h e s team packet or other vessel the re in ment ioned being a vessel by which passengers shall be conveyed from any place within t he said Colony or i ts Dependencies to any other such place and being at the t ime of exercis ing such license actual ly on her passage between any such places to sell and dispose of t he l iquors aforesaid to any passenger on board of such vessel Provided however t ha t no th ing in th i s Ac t contained shall be construed as prohib i t ing or render ing penal al lowances of l iquor to t he crew of such packet or vessel as aforesaid which shall no t otherwise be contrary to t he law in force for t h e t ime being.

7. A n d be it enacted That every such Confectioner's License as aforesaid shall be held to author ize t h e person thereby licensed to sell and dispose of ginger beer and spruce beer b u t of no other fermented l iquor nor of any spir i tuous l iquor or mixed l iquor pa r t of which is sp i r i tuous in any shop or place for t he sale of past ry or confectionery which he may keep wi th in the city town distr ict or place specified in his license.

8. A n d be it enacted Tha t in case any person holding a Publ i ­ can 's General License or a Confectioner 's License shall obtain from any two or more Jus t ices of t he Peace assembled in P e t t y Sessions in the city town or police district in which any lawful or accustomed fair	or o ther publ ic general amusement lawfully authorized shall t ake place 1
an au thor i ty in the form hereunto annexed m a r k e d E t h e n and in
every such case t he privileges of the license of any such person as aforesaid shall respectively be extended to the fair or o ther place of amusemen t to which such au thor i ty shall apply and for the t ime to be there in s tated Provided however t h a t no such fair or place of amusemen t (if ou t of t he district of any such licensed person) shall be more t h a n ten miles distant from t h e house in respect whereof he shall be licensed.
9. A n d be it enacted Tha t no license shal l be g ran ted or t rans­ ferred as hereinafter ment ioned under th is Ac t to any person holding office or employment under the Government nor to any constable or bailiff nor to any licensed auct ioneer nor to any person nor to the wife of any person serving under a sentence for any cr iminal offence whether any such sentence be par t ia l ly remit ted or not unless by a pardon g ran ted by a competent au thor i ty nor shall any publ ican 's license be gran ted for any premises of which a constable is the owner landlord or propr ie tor or where in such constable has any par tnersh ip
or in teres t Provided also t ha t no person hold ing office or employment

2 L — V O L . 3 . under

under t he Government or any constable or bailiff or any person serving unde r sentence for any cr iminal offence whe the r such offence be par t ia l ly remi t ted or not unless by pardon gran ted by competent au thor i ty as aforesaid shal l be received or t aken as sure ty in any recognizance to be entered in to as hereinafter provided.

10. A n d be it enacted Tha t no Jus t i ce of t h e Peace who shall

be a common brewer mals te r or distiller or re ta i ler of fermented or spir i tuous l iquors or who shal l be concerned in pa r tne r sh ip wi th any common brewer mals te r or disti l ler or retai ler of fermented and spi r i tuous l iquors shall act in or be present a t any A n n u a l Licensing Meet ing or at any ad journment thereof or a t any Special Session for g r an t ing or t ransferr ing certificates for l icenses unde r th is Ac t or shall t ake p a r t in t he discussion or adjudicat ion of t he Jus t i ces upon any appl icat ion for any such certificate and no Jus t i ce shall act upon any of t he aforesaid occasions in the case of any house licensed or about to be licensed u n d e r th i s Ac t of which such J u s t i c e shall be the owner or landlord or for t he owner or landlord of which he shall be manager or agent or of whom such Jus t i ce shall be t he pa r tne r in any other t r ade or cal l ing and every Jus t i ce who be ing hereby disqualified shall knowingly or wilfully so offend shall for every such offence forfeit and pay the s u m of one h u n d r e d pounds to be sued for and recovered by act ion of debt in the Supreme Cour t by any one w ho will sue for t h e same Provided always t h a t no th ing here in contained shall ex tend to disqualify any Jus t i ce (not otherwise disqualified and hav ing no beneficial interest in t he house licensed or about to be licensed unde r th is Act ) from ac t ing on any of t h e occasions aforesaid by reason of t h e legal estate in such house be ing vested in h im as t rus tee for any person or persons or for any char i table or publ ic use or purpose wha t ­ soever Provided also t h a t no th ing here in contained shall ex tend to disqualify any Jus t i ce by reason of his m a k i n g or selling any wine made from grapes of his own growth .

1 1 .    A n d for t he prevent ing t h e g ran t ing of licenses to imprope r

persons Be i t enacted Tha t every person desirous of ob ta in ing any license unde r th i s Act shall on or before t he last Tuesday in t h e m o n t h of M a r c h in every year deliver to t he Clerk or t he person officiating as Clerk of t h e P e t t y Sessions for t he city town place or police district wi th in which it is proposed to exercise such license a notice in wr i t ing of his in ten t ion to apply for t h e same which notice if t h e appl icat ion be for a Pub l i can ' s General License shal l be in t h e form in t he Schedule to th is A c t annexed m a r k e d A 1 if for a Packe t License in t h e form

in t h e Schedule to th i s Act annexed marked B 1 and if for a Confec­

t ioner ' s License in t he form in t h e Schedule to th i s Ac t annexed m a r k e d C 1 or to t h e effect of t h e said forms respectively and so as to comprise all t he par t i cu la rs pu rpor t ed to be there in respectively conta ined and if t h e appl icat ion be for a Pub l i can ' s General License t h e appl icant shall also on t h e above-ment ioned day in every year affix or cause to be affixed a copy of such notice as aforesaid on the outer side of t h e front or pr inc ipal en t rance door of t he house for which such license is applied for which not ice shall be kep t upon the said door u n t i l t h e th i rd Tuesday in the m o n t h of Apr i l and shall also deliver or cause to be delivered to t he Clerk of P e t t y Sessions wi th such not ice as afore­ said a certificate in t he form in t h e Schedule to th i s A c t annexed m a r k e d A 2 signed by at least five k n o w n and respectable house­ keepers .

12. Provided always and be it enacted Tha t if t he re shall be no established P e t t y Sessions for t h e police distr ict or r epu ted district wi th in which it is proposed to exercise any such license t h e n and in every such case such not ice and certificate as aforesaid shall at t h e t ime prescr ibed by t h e last section of th i s Act be delivered to the Clerk

of

of t h e P e t t y Sessions of t he nearest police distr ict or place wherein a P e t t y Sessions shall he established and upon delivery of such not ice and certificate and the post ing thereof as hereinafter provided the P e t t y Sessions of t he police district or place to which such applicat ion shall be made under th is provision shall receive and de termine upon the same in l ike manne r in all other respects as an applicat ion from the distr ict or place for which such P e t t y Sessions shall be usual ly held.

13. A n d whereas doubts m a y arise as to t he Jus t ices to whom appl icat ion shall be made wi th in t he m e a n i n g of th is Act for Packet Licenses by mas te r s and commanders of vessels ca r ry ing passengers as aforesaid B e i t enacted Tha t in every case in which t h e vessel in respect w h e r e o f application shal l be made shall p ly to or from the

11 a rbour of P o r t J ackson such applicat ion shall be made to the Jus t i ces

of t he City of Sydney and in every other case appl icat ion shall he made to t h e Jus t i ces of or usual ly resident in e i ther of the towns or places of usual depar ture or arr ival Provided tha t if such license be refused by the Jus t i ces at one of such places no such license shal l be afterwards granted by any other Jus t ices u n t i l the year nex t following such refusal.

14. A n d be it enacted That the Clerk of every such Pe t ty Sessions as aforesaid o r t he person officiating as such shall cause a list of t he names of all such appl icants except for Packet Licenses together with the i r places of abode respectively and the descript ion of license for which each such person has applied and also the names and resi­ dences of the householders s igning t h e certificates required as aforesaid to be posted u p on o r before the first Tuesday in the m o n t h of Apr i l in every year in some conspicuous place inside and also outside every Police Office a t which such Pe t ty Sessions shall be held and t h e same to be k e p t so posted u p un t i l after such applicat ions shall be disposed

of a t the A n n u a l Licensing Mee t ing hereinafter ment ioned.

15. A n d be it enacted T h a t a general meet ing (to be called the A n n u a l Licensing Meet ing) of t he Jus t i ces ac t ing for or usua l ly residing in each police district or repu ted district of t h e Colony in which Pe t ty Sessions shall be held shall be holden in their respective Cour t Houses or usua l places of mee t ing on the th i rd Tuesday in t he m o n t h of Apr i l in every year at the h o u r of twelve o'clock at noon for t he special purpose of t a k i n g in to considerat ion applicat ions for

such licenses as aforesaid and any th ree such Jus t ices shall be	sufficient
to cons t i tu te such meet ing after t he hou r of one o'clock in t he	after­
noon

such Jus t i ces ac t ing for or resident in any distr ict where such mee t ing Provided always t ha t whenever there shall be less t h a n three shall be held t hen t h e n u m b e r of Jus t i ces so ac t ing for or resident in such distr ict shall after t he said hou r of one o'clock be sufficient to cons t i tu te such meet ing and to proceed wi th t he business thereof.

16. A n d be it enacted Tha t it shall be lawful for t he Jus t ices forming such meet ing or a majori ty of t h e m to adjourn t h e considera­ t ion of all or any of the applicat ions before t h e m from the day of such A n n u a l Licensing Mee t ing to such other day or days as t h e said Jus t i ces shall from t ime to t ime agree upon Provided always t h a t such adjournments do not in the whole exceed one calendar m o n t h from t h e day appointed for the said A n n u a l Licensing Meet ing .

17. A n d be i t enacted Tha t whenever at any A n n u a l Licensing

Mee t ing to be holden in any police distr ict as aforesaid or any adjourn­ m e n t thereof two Jus t ices usual ly act ing for or residing in such district shall not. be present by one of the clock of t ha t day at t he Cour t House or other place appointed for t he meet ing it shall be lawful for any one Jus t i ce ac t ing for or resident in such distr ict be ing present to adjourn or fur ther adjourn t he said mee t ing for one week (any limi­ ta t ion hereinbefore prescribed to t he cont rary no twi ths tanding) and

to

to cause notice of such ad journment to be given to all t h e o ther Jus t i ces ac t ing for or resident in such district and if at such adjourned meet ings t he r e shall not be present two qualified Jus t i ces usual ly ac t ing for or resident in such distr ict it shall be lawful for one such Jus t i ce to do all such acts as an A n n u a l Licensing Mee t ing is by th is Act empowered to do.

18. A n d be i t enacted Tha t every such A n n u a l Licensing

Meet ing and every ad journment thereof shall be held in open Cour t and every considerat ion of any applicat ion or of any objection to such applicat ion shall be deemed and t aken to be a judicial proceeding and it shall be t he r igh t and privilege of any res ident in t he neighbourhood of t he house proposed to be licensed or of any other appl icant for a license or of any person al ready licensed in t h e district or of any Chief Constable or Inspector of Police of t he district to oppose any such applicat ion and it shall be lawful for t h e Jus t ices assembled a t and forming such A n n u a l or Adjourned A n n u a l Licensing Meet ings to hear inqui re in to and determine such objections and to summon or call and examine on oath such witnesses as they may deem necessary for t h a t purpose and to g ran t t o such persons as shall in the i r discretion be approved of by t he majori ty of such Jus t ices after t ak ing the recog­ nizance as hereinafter is required certificates au thor iz ing such license as aforesaid in the form in the Schedule he reun to annexed marked D.

19. A n d be it enacted Tha t t h e Clerk of P e t t y Sessions ac t ing

for each such l icensing district shall cause a not ice of each A n n u a l Licensing Mee t ing to be inserted a t least one calendar m o n t h before t he hold ing thereof in t he New South Wales Government Gazette and also to be affixed to t h e door of t h e Cour t H o u s e in which the same is appointed to be holden b u t no omission or i r regular i ty in any such notice shall affect t h e au thor i ty vested in any A n n u a l Licensing Mee t ing held conformably in other respects to t he provisions of th i s Ac t and every such Clerk shall cause a notice of t he t ime of holding such meet­ ing or any ad journment thereof to be served on every Jus t i ce ac t ing for or usual ly resident in such distr ict who is hereby required to a t t end such mee t ing or ad journment thereof unless prevented by sickness or o ther reasonable cause and in case such not ice or e i ther of t h e m be omi t ted t h r o u g h the default or neglect of such Clerk he shall forfeit and pay for each such omission any sum of money not exceeding five

pounds to be recovered in t he m a n n e r hereinafter provided.

20. A n d be it enacted Tha t before t h e Jus t ices shall deliver t o

every appl icant shall enter in to a recognizance wi th two sufficient

any appl icant for a license any certificate to author ize t h e issue thereof

suret ies in t he s u m of fifty pounds each if app ly ing for a Pub l i can ' s Genera l License in t he form and wi th t he condit ions in t h e Schedule he reun to annexed m a r k e d A 3 if for a Packe t License in t he form and with t h e conditions in t he Schedule he reun to annexed m a r k e d B 2 and if for a Confectioner 's License in the form and wi th t h e condit ions in the Schedule he reun to annexed marked C 2.

21 . A n d be it enacted Tha t in case any person desirous of

ob ta in ing a certificate for a license shall be h indered by sickness or infirmity or any other reasonable cause to be proved to the satisfaction of t he major i ty of Jus t i ces assembled or of t h e Jus t i ce if only one then presen t and hav ing au thor i ty to g ran t such certificate as hereinafter provided from a t t end ing in person at any such meet ing or adjournment thereof i t shall be lawful for the said Jus t ices or Ju s t i ce to certify in favor of such person upon three sufficient suret ies to be approved of as aforesaid en ter ing in to the required recognizances in t h e s u m of fifty pounds each.

22. A n d be it enacted Tha t all such recognizances as aforesaid

shall be entered in to in t h e presence of two at least of t he Jus t ices

assembled

assembled as aforesaid and be signed by t h e m except in case where one Jus t i ce acts alone as hereinbefore provided then such recognizances may be entered into before and signed by such Jus t i ce only and if any such Jus t i ce shall sign a certificate to author ize t he issue of a license before t he required recognizance shall have been duly entered into and signed he shall forfeit and pay any sum not exceeding OIK ; hundred pounds to be recovered by action of debt in t he Supreme Court of New South W a l e s by any person su ing for t he same.

23 . A n d be it enacted Tha t the said recognizances wi th thei r

condi t ions shall be regular ly recorded in t he records of each Pe t ty Sessions distr ict and shall also wi th in one calendar mon th after the same are entered in to be t r ansmi t t ed by the Clerk of t he Pe t ty Sessions of t he par t icu la r district to t h e Clerk of the Peace act ing for the Court of General Quar t e r Sessions held in the city town place or distr ict in which such Pe t ty Sessions shall be held and if there shall be no Court of General Quar t e r Sessions held in t h a t city town place or district t hen to the Clerk of t he Peace ac t ing for the Cour t of General Quar te r Sessions held in t h e district neares t to such P e t t y Sessions.

2 L. A n d be it enacted That the Jus t i ce or Jus t ices by whom

any such certificates as aforesaid shall be granted by v i r tue of th is Act shall t r ansmi t to the Colonial Treasurer for t he t ime being or to such o ther person or persons as may be appointed by the said Governor for t he purpose of issuing licenses unde r this Act wi th in fourteen days after t he g ran t ing thereof a list signed by two at least of the said Jus t i ces if two shall have acted and if only one t h e n by tha t one only specifying t h e names and residences of all t he persons to whom any such certificates shall have been so granted and of thei r respective suret ies and the n a t u r e of the license authorized by each certificate and specifying further wi th regard to all Publ icans ' General Licenses the s i tuat ion or sign or name of each house and street or place in which i t shall be s i tuate and i ts distance from the neares t l icensed house in each street place or line of road or on t he l ine of road on which the same is s i tuate t he n a m e of the owner or propr ie tor whe ther before licensed or not and also the names and residences of t he sureties.

25. A n d be it enacted That every such certificate as aforesaid shall be nul l and void unless t he same and the sum requi red to be paid for such license be lodged in the office of t he Colonial Treasurer or of such o ther person or persons aforesaid as may be appointed by the said Governor in t h a t behalf on or before t he th i r t i e th day of J u n e

nex t ensu ing each A n n u a l Licens ing Mee t ing and the said Colonial

Treasurer or o ther person as aforesaid shall be and he is hereby author ized and requi red for thwith after the receipt of every such cer­ tificate and list to issue and register in his office a license in one or other of t he forms hereinbefore prescribed according to t he tenor of each such certificate respectively upon paymen t being made to t he said Colonial Treasurer or other person as aforesaid of t he sum of th i r ty pounds for every Publ ican ' s General License of t he s u m of two pounds for every Packe t License and the sum of one pound for every Confec­

t ioner ' s License.

26. Provided however and be it enacted That no twi ths tand ing default in lodging any such certificate or in paymen t of t he sum requi red as aforesaid whereby such certificate shall become void it shal l never theless be lawful for t he Governor of t he Colony (if he shal l deem fit) upon representa t ion to h im m a d e of t he c i rcumstances occasioning such default to direct t h e issue of the license for which such certificate shall have been gran ted on paymen t of not more t h a n t en pounds in addi t ion to t he sum payable as hereinbefore ment ioned

Provided always t h a t such p a y m e n t be made wi th in one calendar
month

m o n t h of t h e t i m e hereinbefore l imited for t h e paymen t of t he	money
for such license as aforesaid.

27. A n d whereas publ ic inconvenience m i g h t occasionally be

sustained by delaying the issue of a Packe t License to t h e mas te r or commander of a vessel conveying passengers in m a n n e r aforesaid un t i l the nex t meet ing of Jus t ices qualified to g ran t a certificate for the issue thereof Be i t therefore enacted Tha t i t shal l be lawful for t he Colonial Treasurer of t h e said Colony for t he t ime being upon a certificate in t he proper form signed by two or more Jus t ices together w i th t he sum requi red to be paid for such license be ing lodged in the office of the said Colonial Treasurer or of such other person appointed to issue licenses as aforesaid and t h e mas te r or commander having entered in to t he necessary recognizance to au thor ize t he issue of any such Packe t License a t any period of t h e year to t a k e effect and remain in force un t i l t he first day of J u l y nex t ensu ing the date thereof P r o ­ vided always t ha t t he appl icant for such license shall no t have been refused a certificate for a license by any mee t ing of Jus t i ces to which he m a y have applied for t h e same.

28. A n d whereas persons desirous of renewing the i r licenses and ready to fulfil t h e conditions of th is Ac t may be unable to obta in t h e necessary certificate to ent i t le t h e m to a renewal of such licenses by reason of t he non-a t t endance of any qualified Jus t i ce at t he A n n u a l Licensing Mee t ing or on t h e day of such ad journment thereof as afore­ said whereby great inconvenience and loss may be sustained by such persons Be it therefore enacted Tha t i t shall be lawful for t h e Governor of t h e said Colony whenever he shall be satisfied t h a t any person apply ing to have his license renewed has from the causes afore­ said or from any other cause wi thout any default or neglect on his pa r t been unab le to obta in t he certificate aforesaid a t t he t ime and in m a n n e r hereinbefore appointed to order and direct t h a t a new license be issued to any person so apply ing upon his en te r ing into t he recog­ nizances and pay ing the du ty required by th i s Act .
29. A n d be it enacted That if it shall appear proper to the majori ty of the Jus t i ces assembled at any Special P e t t y Sessions on any day hereinafter ment ioned for t h e transfer of licenses it shal l be lawful for such Jus t i ces to g ran t to such persons as shall in the i r dis­ cretion be approved by them after en te r ing into t he recognizances requi red by th is Act certificates to author ize t he issue of licenses to any such persons and the Colonial Treasurer or o ther person as aforesaid

receipt of every such certificate to issue and register in his office a shall and he is hereby author ized and required for thwith after t he

license to cont inue in force un t i l t h e first day of J u l y t hen nex t ensu ing

in one or other of t he forms hereinbefore prescribed according to t he tenor of each such certificate respectively upon paymen t to t he said Colonial Treasurer or o ther person as aforesaid of a sum propor t ionate to the period such license shall have to r u n from the day of the issue thereof un t i l t h e said first day of J u l y according to t he several and respective ra tes hereinbefore directed Provided tha t notice of such appl icat ion wi th the names of the householders s igning the certificate and all o ther notices requi red by th is Act shall be given or posted u p as aforesaid at least twen ty clear days before such applicat ion can be heard.

30. A n d be i t enacted Tha t Special P e t t y Sessions of Jus t ices

of the Peace shall be holden on the first Tuesday in each of t h e mon ths of September December and March in every year in each city town or police district in which such A n n u a l Licensing Mee t ing shall be holden as hereinbefore directed for t he purpose of receiving applicat ions for t ransferr ing licenses which meet ing shall be subject to the same rules as the A n n u a l Licensing Meet ing and have the like powers of adjourn­

ment

ment and t h e l ike power shall devolve upon any one Justice after ad journment by h i m for one week in default of t he a t t endance of any other Jus t i ce or Jus t ices to whom notice shall he given as aforesaid.

3 1 . A n d he it enacted Tha t it shall he lawful for the majori ty

of the Jus t ices assembled at such Special P e t t y Sessions or of the Jus t i ce if there shall be only one hav ing au thor i ty as hereinbefore provided to direct such transfer to transfer t h e license of any person licensed as aforesaid to t he appointee of t he original holder of such license (if eligible and approved of by t hem) by an indorsement upon the or iginal license in t he form in the Schedule to th i s Act annexed m a r k e d F or to the effect thereof such appointee en ter ing into the same recognizance and p roduc ing also the same certificate; as the original pa r ty obta in ing the same: is by this Act bound to enter into or produce and provided t h a t at least one week 's notice of such in tended transfer to such transferee shall be duly publ ished as aforesaid is required in respect to applicat ions for licenses at t h e A n n u a l Licensing Meeting.

32. A n d be it enacted That every such Special Pe t ty Sessions or Mee t ing for t ransferr ing licenses shall be held in open Cour t and

every proceeding therea t for g r an t ing or t ransfer r ing licenses shall be deemed and t aken to be judicial and all objections may be made and inquired into and determined in the same m a n n e r as is hereinbefore provided in respect to applicat ions for licenses at t he A n n u a l Licensing Meet ing.

33 . A n d be it enacted That in case of the decease or insolvency of any person holding a license unde r th is Ac t his executors or adminis t ra tors or t rus tees as t he case m a y b e shall be ent i t led to carry on the business of the person so licensed as aforesaid by an agent to be specially author ized in wr i t ing by any one Justice, for t h a t purpose and to act under t he au thor i ty of t he said license wi thout any renewal or formal t ransfer thereof du r ing six mon ths if t he license have so long to r u n or un t i l t h e nex t l icensing day following the date of such licensed person 's decease or of the vest ing of his p roper ty in such t rus tees as t he case may be Provided tha t such license shall be subject to t he same regula t ions as if it had cont inued to be; holden by the person to whom the same was g ran ted and t h a t new recognizances wi th sufficient suret ies as aforesaid be entered in to by such executors adminis t ra tors t rus tees or agent respectively before t he Justice's assembled at t he nex t Special P e t t y Sessions for the district held in pu r suance of th i s Act ensu ing the date; of such decease; or legal vesting as aforesaid or before; any Jus t i ce or Jus t ices of t he city town

or dis t r ic t who shall previously requ i re t h e same to be entered in to .

34. A n d be i t enacted Tha t in case any person hav ing duly obta ined a Pub l i can ' s Genera l License shall be desirous erf removing his business from the house expressed in such license to any o ther house within t he same distr ict at any t ime after the issuing of his said license and before t he nex t General Licens ing Mee t ing t h e n upon applicat ion made by such person to the Jus t ices of the district in which the original license was g ran ted it shall be lawful for t he majori ty of said Jus t i ces in P e t t y Sessions assembled or any two or more of t h e m if they approve of t h e house proposed to be licensed after such person shall have entered into a new recognizance with such sureties as aforesaid to g ran t a certificate au thor iz ing the Colonial Treasurer or other person duly appointed to issue licenses as aforesaid to fix his signature; to a m e m o r a n d u m to be indorsed upon or affixed to the original license in the form in t he Schedule hereunto annexed marked G or to the effect thereof by v i r tue whereof the said license shall be thencefor th t rans­ ferred dur ing t h e remainder of t he t ime the same has to run to the house or premises ment ioned in such certificate and shall cease; to

a p p l y

apply except so far as regards acts or liabilit ies already performed or incur red to t he house and premises for which such license was originally granted Provided always t h a t t he notices hereinbefore required in

respect to appl icat ions for licenses at t he A n n u a l Licensing Meet ings

shall be duly posted.

35. A n d be it enacted Tha t every transfer of a l icense author ized by any Jus t i ces unde r th i s Act whe the r as regards t h e person or the house to which the license shal l apply shall wi th in fourteen days after such t ransfer be duly reported to t he Colonial Treasurer or such o ther person appointed to issue licenses as aforesaid by the Clerk of t he P e t t y Sessions by which such t ransfer shall be author ized unde r a pena l ty not exceeding five pounds for every such default .

36. A n d be it enacted Tha t if any person hold ing a license unde r t h i s Ac t except a Packe t License shall have or keep or allow to be kep t in or about his house premises or appur tenances or at anyp lace connected wi th the same in any way whatever any ski t t le g round or bal l cour t or any dice cards bowls bi l l iards quoits or o ther implements used in gaming or shall suffer any person resor t ing t h i t he r to use or exercise any k ind of said games or any other unlawful game or sport w i th in his said house premises or appur tenances or if any such licensed person shal l offend against t he tenor of his or her license or shall in any respect com­ mi t a breach of any condit ion of t h e recognizance by h i m or her entered in to he or she shall u p o n being lawfully convicted forfeit and pay for every such offence any sum not exceeding twen ty pounds wi th costs Provided however t h a t on applicat ion being made as hereinaf ter requi red to any Bench of Magis t ra tes of w h o m a Police Magis t ra te if t he re be such shall be one they m a y at the i r discretion g ran t a wr i t t en permission to any licensed person wi th in thei r respective districts t o allow the game of bil l iards to be played in his or her licensed house on any day Sunday Good F r i d a y and Chr i s tmas B a y excepted on paymen t to t he Colonial Treasurer of the sum of ten pounds in addit ion to t he sum to be paid in l ike m a n n e r as hereinbefore is ment ioned for his or her license and also of t he sum of t en pounds hereinafter requi red to be paid for dispensing with t he restr ict ions or p a r t thereof in respect to t h e hour of closing houses licensed under th i s Act Provided also t h a t not ice of such last ment ioned applicat ion shall have been given and be posted as other notices as aforesaid a t least one week before such appl icat ion can be heard A n d provided always t h a t no recogni­ zance entered in to in pu r suance of th i s Ac t shall be p u t in sui t or es t reated unless by the consent and direction of H e r Majesty 's A t t o r n e y

General .

37. A n d whereas it is expedient t h a t t he provisions made by law for p revent ing disorderly conduct in the houses of licensed victual lers should be extended to o ther houses of publ ic resort Be it enacted Tha t every person who shall have or keep any house shop room or place of publ ic resort where in provisions l iquors or refresh­ m e n t s of any k ind shal l be sold or consumed (whether t h e same shall be kep t or retai led there in or procured elsewhere) and who shal l wilfully or knowingly permi t d runkenness or other disorderly conduct in such house shop room or place or knowingly suffer any unlawful games or gaming whatsoever there in or knowingly permi t or suffer p ros t i tu tes or persons of notoriously bad character to mee t together and remain there in shall for every such offence forfeit and pay a pena l ty not exceeding ten pounds .

38 . A n d be it enacted That every person who shal l hold a Publ ican ' s General License shall have his name a t l eng th pa in ted in

legible let ters at least t h ree inches long wi th t h e words " l i c ensed to

re ta i l fermented and spi r i tuous l iquors " constant ly and pe rmanen t ly r emain ing and pla inly to be seen and read on a conspicuous par t of

his

his house or appur t enances a n d every holder of a Pub l i can ' s Genera l License shall also keep a l amp affixed over t he door of his house or wi th in t w e n t y feet thereof l igh ted and to be kep t b u r n i n g t h e whole of each a n d every n igh t from sunset to sunr ise du r ing t h e t ime of his ho ld ing such license and every such l a m p if l i t w i t h oil shall have a t least two bu rne r s or one b u r n e r if l i t wi th gas and any such l icensed person who shall fail or neglect to comply wi th t he regula t ions hereby imposed or e i ther of t h e m shall forfeit and pay any sum not exceeding five pounds .

39. A n d be it enacted Tha t every house for which a Pub l i can ' s Genera l License shall be g ran ted shal l at t he t i m e of g r an t ing such license conta in a t least two modera te sized s i t t ing rooms and two sleeping rooms actual ly ready and fit for publ ic accommodat ion inde­ penden t of t he apa r tmen t s occupied by t h e family of t h e publ ican and shall also be provided wi th a place of accommodat ion on or near the premises for t he use of t he cus tomers thereof in order to prevent nuisances or offences against decency and shal l also du r ing the con­ t i nuance of such license be provided wi th s tabl ing sufficient for t he accommodat ion of six horses at t h e least and with a sufficient supply of hay corn or o ther wholesome and usua l provender for t h e horses of t ravel lers Provided always t h a t it shall be lawful for t h e Jus t i ce or Ju s t i ce s g ran t ing a certificate for such license as aforesaid in ei ther of t h e Cities of Sydney Newcas t le or Melbourne by wr i t ing unde r his or the i r hands to dispense wi th such p a r t of t he accommodat ion for

horses specified here in as he or t hey m a y t h i n k fit Provided also t ha t

on t he g r a n t i n g of a certificate for a license by any J u s t i c e or Jus t i ces as aforesaid if it shall appear to h i m or t h e m expedient t o g r a n t such certificate upon any either or special condi t ions with respect to t h e ex ten t of accommodat ion to be afforded to t he publ ic in addi t ion to t h e accommodat ion hereinbefore provided it shall be lawful for such Jus t i ce or Jus t i ces to insert t he same in t h e recog­ nizance of the person to w h o m such certificate shall be g r a n t e d and in every such case t h e condit ions so to be inser ted shall so far as regards such person be t aken to be t he condit ions imposed and b ind ing upon h im or her unde r t he present section of th i s Act .

40. A n d be it enacted Tha t in case any such licensed house 1 as aforesaid shall no t be provided wi th such accommodat ion as herein­ before required or as shall be requi red by the condit ions of any such recognizance inser ted the re in it shall be lawful for any two or more 1

Jus t ices of t he Peace in a s u m m a r y way upon compla in t made of the 1

same and u p o n proof thereof to the i r satisfaction to adjudge and declare 1 t h e license of such house to be forfeited and the same shall t he reupon and thencefor th become nu l l and void.

4 1 . A n d be i t enacted T h a t no holder of a Pub l i can ' s General

License upon any line of road in t he Colony shal l w i thou t reasonable cause refuse to receive a t ravel ler as a gues t in to his or the i r house or to find any such t ravel ler vic tuals or lodging or to receive t h e horse or horses of a t ravel ler and to provide such horse or horses w i th sufficient provender whe the r t h e owner lodge in his house or not and if any licensed person be convicted of any such offence or offences he; shall forfeit and pay for each such offence any sum not exceeding

t w e n t y	pounds .
42. A n d be it enacted Tha t no person hold ing a license unde r

th i s Ac t shall in his house or in any of t he appur t enances there to pe rmi t any person to become d r u n k or supply or pe rmi t any fermented or sp i r i tuous person to be supplied or given to any person in a state of in toxica t ion or pe rmi t such person (not be ing an i nma te thereof) to r emain in his or he r house or in any of its appur t enances a n d on con-

2 M — V O L . 3. vict ion

vict ion of any such offence or offences shal l for each offence forfeit and

pay any s u m no t exceeding five pounds .

43 . A n d be i t enacted Tha t every house for which a Pub l i can ' s

Genera l License shall be g ran ted shal l be considered as a common inn and no goods or chat te ls whatsoever bond fide t he p rope r ty of any s t ranger or s t rangers a n d be ing in such licensed house or the appur t enances thereof or any place used or occupied the rewi th in t he ord inary course of resor t a t such l icensed house shal l be subject to be d is t ra ined or seized for or in respect of any claim of r en t for such licensed house or appur t enances or in respect of any other claim whatsoever aga ins t t h e said house or appur tenances or t h e owner thereof and if any such goods or chat te ls shal l be dis t ra ined or seized for r en t or in any o ther m a n n e r cont ra ry to t he provisions of th is Act i t shal l be l a w f u l for any two or more Jus t i ce s of t h e Peace to inqu i re in to a n y compla in t m a d e in respect of such distress or seizure in a s u m m a r y m a n n e r and to order such goods or cha t te l s to be restored to t h e owner or propr ie tor thereof and fur ther to award such reason­ able costs as shal l be incur red by such s u m m a r y proceedings and such costs to levy by distress a n d sale of t h e goods or effects of t he person or persons d is t ra in ing or seizing such goods or chat te ls as aforesaid.

44.    A n d be it enacted T h a t no person shall m a i n t a i n any action

for or recover e i ther in t h e Supreme Cour t or t h e Cour t of Reques t s or otherwise howsoever any debt or demand on account of a n y l iquors sold or disposed of in cont ravent ion of th i s Ac t whe the r t h e same

shal l be sold w i thou t a l icense or by exceeding t h e au tho r i t y or

v io la t ing t he condit ions annexed to any l icense in t he express t e r m s

thereof or in t h e provisions of th i s Ac t and fu r ther t h a t no licensed

person shal l m a i n t a i n any act ion for or recover as aforesaid any debt on account of any spi r i tuous l iquors which shal l be sold or delivered in any quan t i t y less t h a n two gal lons a n d delivered and t aken away all a t one t ime Provided however t h a t n o t h i n g here in contained shall ex tend to p reven t innkeepers from keeping a n account w i th bond fide lodgers and t ravel lers in which any charge for spir i ts may be included

and lawfully recovered as p a r t of t h e a m o u n t thereof.

45 . A n d be i t enacted T h a t if t h e holder of any license u n d e r

th i s A c t shall t ake or receive from any person whomsoever in p a y m e n t or in p ledge for l iquors or for any en t e r t a inmen t whatsoever supplied in or ou t of h is house or premises any art icle of c lo th ing or slops or any tool or o ther ar t icle or t h i n g except ing metal l ic or paper money

or a cheque or order for t h e p a y m e n t of money such person on be ing

convicted shal l for every such offence forfeit and pay any s u m no t exceeding t en pounds independent of any p u n i s h m e n t for so doing unde r any other law.

46. A n d be i t enacted Tha t every licensed person shal l sell or otherwise dispose of all l iquors (except in quant i t ies less t h a n half a p in t ) in vessels sized to full imper ia l measu re according to t h e s t andard which is by law established in th i s Colony a n d shall also if requi red by any guest or cus tomer pu rchas ing such l iquor re ta i l t he same in a vessel sized according to such s t anda rd a n d in default thereof shall for every such offence on convict ion forfeit a n d pay any s u m no t exceeding five pounds .

47. A n d whereas t h e in t roduc t ion of in tox ica t ing l iquors among

the Abor ig ina l na t ives of N e w Sou th W a l e s a n d New H o l l a n d is pro­

duct ive of serious evil t o t h e said Abor ig ina l nat ives a n d o thers Be i t enacted Tha t if any person whosoever w h e t h e r l icensed or unlicensed u n d e r th i s Ac t shal l sell or supply or give any spi r i tuous l iquor or

mixed l iquor p a r t whereof is sp i r i tuous in any quan t i t y whatever or

any fermented l iquor p a r t whereof is fe rmented in any quan t i t y which
shall

shall p roduce in toxicat ion to any Abor ig ina l na t ive of New South

W a l e s or N e w H o l l a n d he or she shall for every such offence forfeit a n d pay (over and above any pena l ty which may be incurred for the sale of such l iquor wi thou t a license) a pena l ty not exceeding five pounds .

48 . A n d be i t enacted That no person licensed u n d e r th i s Ac t

shall keep his house open for t he sale of any l iquor nor shall sell or retai l any l iquor or suffer or pe rmi t the same to be d rank or consumed in his house or on his premises at any t ime before t he hour of four o'clock in t he m o r n i n g or after t en o'clock in t he evening from t h e first day of October to t he thir ty-f irs t day of M a r c h and six o'clock in the m o r n i n g and t e n o'clock in t he evening from the first of Apr i l to t h e th i r t ie th day of Sep tember bo th days inclusive on any day of t h e week nor at any h o u r on a Sunday Good Fr iday or Chr i s tmas D a y except as hereinafter provided and any licensed person who shal l offend agains t th i s pro­ vision shal l for every such offence forfeit any s u m no t exceeding two pounds a n d every separate sale shall be deemed a separa te offence Provided however t h a t n o t h i n g herein contained shal l be construed to p roh ib i t t he sale or delivery of such l iquor a t any t ime to persons be ing bond fide lodgers or inmates or to t ravel lers seeking refreshment on a jou rney and provided also t h a t it shall be lawful for any two or more Jus t i ces in the Cities of Sydney Newcast le or Melbourne or in any Police Dis t r ic t in P e t t y Sessions assembled (if they shall see fit) on one week ' s not ice of such applicat ion be ing posted u p outside the Police Offices in such cities and distr icts respectively upon the paymen t to the Colonial Treasurer of t en pounds (in addi t ion to the s u m here­ inbefore requi red to be paid for his or he r license and t h e s u m o f t e n pounds hereinbefore requ i re to be paid for permiss ion to keep a bil l iard table) to dispense wi th any p a r t of t h e res t r ic t ions and prohibi t ions of th i s p resen t provision so far as may regard any licensed house wi th in such cities and distr icts respectively for t h e whole year b u t which said au thor i ty it shall be lawful for t h e said Jus t i ces to revoke whenever t hey shall see fit by causing a notice to t h a t effect signed by such J u s ­ t ices in P e t t y Sessions assembled to be served u p o n t h e person to w h o m t h e said au thor i ty shall have been given a n d provided fur ther t h a t it shal l no t be const rued to p reven t t h e sale of wine or other fer­ mented l iquors on Sundays Good Fr idays or Chr i s tmas Days between the hours of one a n d t h r ee o'clock if t he same shall no t be sold for the purpose of consumpt ion in or upon t h e premises or be allowed to be d rank or consumed in or upon the same.

19. A n d be i t enacted Tha t if any licensed person shall be con­

victed of felony or misdemeanor in any Cr iminal Cour t and sentenced to t r anspor ta t ion or impr i sonment or shall abandon t h e occupat ion of his or her l icensed house as his or her usua l place of residence or pe rmi t any person whomsoever to m a n a g e super in tend or conduct t h e business of such house or shall whether res iding in such house or not pe rmi t any unl icensed person to become vi r tua l ly or in effect the keeper thereof t h e n or in e i ther of t he said cases upon compla in t thereof and proof of t h e fact to t h e satisfaction of any two or more Jus t ices of t he Peace t he license of such house for t h e cur ren t year shall become a n d be absolutely void a n y t h i n g hereinbefore conta ined to the con­

t r a ry no twi ths tand ing and such house or place shall thenceforth	be
held to be unlicensed.

50. A n d be i t enacted Tha t no person licensed unde r th i s Ac t

shall knowingly pe rmi t any body union society or assembly of persons declared to be illegal or prohibi ted by law or any body union society or assembly of persons who shall requi re from persons about to be admi t ted or be ing admi t ted there to or into t he said body un ion society or assembly any oath tes t solemn declarat ion or affirmation not

expressly

expressly allowed and requi red by law or who shall observe on the admission of members or on any other proceeding any religious or other solemn mys te ry r i te or ce remony or seeming or p re tended rel igious or o ther solemn r i te or ceremony no t sanct ioned by law or who shall wear bear or display on occasions of the i r mee t ing or assembl ing together a n y a r m s flags colours symbols decorations or emblems whatsoever to mee t or assemble or hold a mee t ing or assembly on any occasion or p re tence whatsoever in t he house premises or other place of sale of the person so licensed nor shall on any occasion or pretence whatsoever h a n g out or display or suffer to be h u n g out or displayed on from or ou t of such bouse premises or o ther place of sale any sign flag symbol deco­ ra t ion or emblem whatsoever except t h e k n o w n and accustomed sign of such house or o ther place of sale usua l ly affixed there to in t he way of bus iness and if any such person shall knowing ly pe rmi t any such body u n i o n society or assembly to meet or assemble or hold any mee t ing or assembly on any occasion or pre tence whatsoever in the house premises or place of sale of such person or shal l h a n g out or display or suffer to be b u n g out or displayed on from or ou t of such house premises or place of sale any such sign flag symbol colour decorat ion or emblem whatsoever except as aforesaid any such person so offending shall forfeit and pay for every such offence any sum not exceeding five pounds and if any person so convicted shal l be again convicted of any such offence unde r th i s section the license of such person shal l immedia te ly on such second conviction become nu l l and void to all i n t en t s and purposes whatsoever and such person shall no t be capable a t any t ime thereafter of obta in ing such license Provided t h a t n o t h i n g here in contained shall ex tend to any mee t ing of persons consis t ing

exclusively of " F r e e m a s o n s " or t he Society of " Odd Fe l lows . "

5 1 . A n d be it enacted Tha t i t shal l and m a y be lawful for any

Jus t i ce of t h e Peace or for any chief or o ther constable author ized for t h e purpose in wr i t ing by any such Jus t i ce to enter in to any such licensed house premises or place as aforesaid in which such J u s t i c e shall from informat ion on oath or otherwise have reason to believe or suspect t h a t any such body un ion society or assembly is m e t or held or on or from which any such sign flag symbol colour decorat ion or emblem shal l be h u n g out or displayed and to remove from and p u t ou t of such house premises or place any persons who shal l be found m e t or assembled there in wi th or as member s of or be longing to any such body un ion society or assembly and to remove and t ake

away and destroy if he shal l t h i n k colours symbols emblems or decorat ions found on or wi th such p roper any a rms banne r s flags

persons or h a n g i n g out or displayed on or from such house premises
or other place and to requ i re every such person so found to s ta te t ru ly to h im his n a m e and place of abode and to requi re t h e immed ia t e inspect ion of and to t ake possession of any book of proceedings or other book used a t such mee t ing or b rough t the re to a n d to deta in such book for such t ime as he may t h i n k proper no t exceeding

four teen days and t h a t if any such person shall n o t w h e n the re to

requi red b y such Jus t i ce chief or o ther constable as aforesaid remove from and qui t such house premises or place as aforesaid or if any person whatsoever shall forcibly resist such Jus t i ce or constable i t shal l a n d m a y be lawful for any constable to apprehend and t ake in to cus tody any person so offending a n d to car ry a n d convey or cause to be carr ied and conveyed every a n d any such person so apprehended before any J u s t i c e of t he Peace wi th in whose jur isd ic t ion such house premises or place shall be s i tua te to be dealt wi th according to law a n d every person who shall so neglect or refuse to remove from or q u i t such house premises or place or shal l so forcibly resist such J u s t i c e or constable or who shall refuse to s ta te his n a m e and place of

abode

abode or shal l no t t ru ly s ta te being duly convicted of any such offence shall t he reupon for every such offence forfeit any s u m not exceeding two pounds and if any such person so convicted shall no t for thwith pay the sum so forfeited such offender shall be commit ted to t he gaol or house of correct ion for any t ime not exceeding one m o n t h .

52. A n d be i t enacted T h a t it shall be lawful for any two Jus­ tices of the Peace ac t ing for any place where any riot or t u m u l t shall happen or be expected to t ake place to order or direct t h a t every person licensed unde r th i s Act and keeping any house s i tuate wi th in the i r respective jur isd ic t ions where such r iot or t u m u l t shall h a p p e n or be expected to t ake place shall close his or her house a t any t ime which t h e said Jus t i ces shall order or direct a n d every such person who shal l keep open his or her house a t or after any hour a t which such Jus t i ces shal l have so ordered or directed such house to be closed shal l forfeit and pay any sum of money no t exceeding ten pounds .

53 . A n d be it enacted Tha t it shall be lawful for any Jus t i ce of t he Peace or any chief constable or any inspector or Serjeant of police toge ther wi th his ass is tants to demand en t rance from t ime to t ime in to any l icensed house or for any constable specially author ized in wr i t ing signed by any one J u s t i c e of the Peace in any par t i cu la r ins tance to demand en t rance in to any licensed house or t he appur tenances thereof a t any t ime by day or n igh t and if admi t t ance be delayed for such t ime as shall m a k e it appear to any such Jus t i ce or Jus t ices t h a t wilful delay was in tended it shall be lawful for such Jus t i ce or Jus t ices to s u m m o n the person so offending before t h e nex t Cour t of Pe t t y Sessions for the distr ict and upon conviction of such wilful delay the p a r t y so offending shall forfeit and pay any sum not exceeding ten pounds Provided always t h a t if such admi t tance be refused or wilfully delayed i t shall be lawful for such Jus t i ce chief constable inspector or serjeant of police or constable as aforesaid to break in to or employ force to enter such public-house or other place as aforesaid wi th his assis tants to serve process or for any o ther lawful purpose .

5 1 . A n d be i t enacted Tha t every person hold ing any license

unde r th i s A c t shal l on demand a t his licensed house or place wherein or whereat such license shall be exercised produce his license to any Jus t i ce of t he Peace or in default thereof be liable to a pena l ty of any s u m not exceeding t en pounds .
55 . A n d be i t enacted T h a t if any licensed person shall employ

any unl icensed person to sell or dispose of by re ta i l as aforesaid any

any vessel or boat or in any place whatsoever out of t h e house or place	such l iquors as aforesaid in any house or in any car t or carr iage or in
in which such licensed person is author ized to sell or dispose of t he same by v i r tue of his license or in such house or place if otherwise t h a n as t h e servant or agen t unde r t he immedia te super in tendence and control of such licensed person he shall for every such offence forfeit and pay any sum not exceeding t w e n t y pounds .
56. A n d be it enacted Tha t if any licensed person shall sell or dispose of or offer for sale any fermented or spi r i tuous l iquor or any mixed l iquor pa r t of which is fermented or spi r i tuous which shall be adul te ra ted or mixed wi th any deleterious ingredients whatever he shall forfeit and pay for every such offence any s u m not less t h a n t en pounds nor more t h a n fifty pounds and in order to analyze such l iquor i t shal l be lawful for any Jus t i ce of t he Peace on any complaint on oa th thereof made to h i m which shall in his opinion be sufficient to cause reasonable suspicion tha t any such l iquor is adu l te ra ted as aforesaid to author ize the seizure of such suspected l iquor and cause t h e same to be analyzed by some chemist or other competen t person.
57. A n d be it enacted Tha t if any person no t ac tua l ly holding a license unde r th is Act shall keep u p any sign wr i t ing pa in t ing or

o ther

other m a r k on or near to his house or premises which m a y imply or give reasonable cause to believe t h a t such house or premises is or a re licensed for t h e sale or ba r t e r of any such l iquors as aforesaid or t h a t such l iquors are sold or served the re in he shall for every such offence forfeit and pay any s u m not exceeding twen ty pounds .

58. A n d be i t enacted Tha t if any mas te r or o ther person

employing j o u r n e y m e n w o r k m e n servants or laborers shall pay or

cause any paymen t to be made to any such j o u r n e y m e n workmen or laborers in or a t any house in wh ich any of t he l iquors aforesaid shall be sold b y retai l he shall for every such offence forfeit and pay any sum no t exceeding five pounds Provided always t h a t no t h ing herein conta ined shall ex tend to any l icensed person pay ing his own journey­ m e n w o r k m e n servants or laborers in his licensed house.

59. A n d be i t enacted T h a t if any person hold ing a license unde r th i s Ac t shall offend against any of i ts provisions in ma t t e r s for which no pena l ty is hereinbefore provided he shall for every such offence forfeit and pay any s u m not exceeding two pounds .

60. A n d be i t enacted Tha t every Clerk of the Pe t ty Sessions who shall wilfully neglect or refuse to execute any of t he dut ies here in prescribed and appointed to be by h i m executed shall on conviction for every such neglect or refusal forfeit and pay any s u m not exceeding

twen ty	pounds .
6 1 . A n d be i t enac ted Tha t i t shall be lawful for any constable

or peace officer in any p a r t of t h e Colony of N e w South W a l e s to apprehend any person w h o m he shall find d r u n k in any h ighway street road or publ ic place a n d such person to convey before a Ju s t i ce of t he Peace to be dealt wi th according to law.

62. A n d be i t enacted Tha t if any person shall be found d runk

and disorderly in any h ighway street road or publ ic place h e shall on compla in t thereof made wi th in one week by any person and on con­ vict ion before a Jus t i ce of t h e Peace in a s u m m a r y way b u t wi thout a formal informat ion forfeit and pay for every such offence any s u m not more t h a n two pounds Provided a lways t ha t if such sum toge ther wi th costs be not for thwi th paid it shall no t be necessary to issue a distress w a r r a n t as hereinafter provided as in other cases b u t such offenders shal l be for thwi th commit ted to t h e house of correct ion to

be kep t in sol i tary confinement for any period n o t more t h a n	forty-
eight hours unless the fine shall be sooner paid.

63. A n d be it enacted That w h e n i t shal l be made to appear

t h a t any person shall by excessive d r ink ing of sp i r i tuous or l iquors so misspend waste or lessen his or he r es ta te as the reby to fermented	expose himself or herself or h is or he r family to wan t or ind igent
c i rcumstances or great ly to in jure his or he r hea l th or endanger t h e loss thereof t he Jus t ices of t h e city t o w n or distr ict in which such d r u n k a r d shall reside in P e t t y Sessions assembled shall in w r i t i n g under t h e hands of any two such Jus t i ces forbid all persons licensed under th is Act and also all s torekeepers or o ther dealers in such l iquors to sell t o h i m or her any spi r i tuous or fermented l iquors for t h e space of one year and such Jus t i ces or any o ther two Jus t i ces of t h e P e t t y Sessions of such distr ict m a y a t t h e same or any other t ime in l ike m a n n e r forbid t he sell ing of any such l iquors to t h e said d r u n k a r d by any such licensed persons s torekeepers or other dealers of any other city town or district to which t h e d r u n k a r d shal l or m a y be l ikely to resort for the same.
64. A n d be it enacted Tha t t he said Jus t ices of P e t t y Sessions or any two of t h e m shall in l ike m a n n e r from year to year renew any such prohibi t ion as aforesaid as to all such persons as have not in thei r opinion reformed wi th in t he year and if any licensed person or any storekeeper or other dealer in such l iquors shall du r ing any such pro­

hibition

hibition after service of a copy thereof u p o n h im or her or wi th a knowledge thereof in any other m a n n e r acquired sell t o any such pro­ hibi ted person any spi r i tuous or fermented l iquor lie or she shall for­ feit upon conviction for every such offence a s u m not exceeding ten pounds .

65 . A n d be it enacted Tha t whenever t h e Jus t ices of Petty

Sessions in any distr ict shall in execut ion of t he foregoing provisions have prohib i ted t h e sale of sp i r i tuous or fermented l iquors to any such d r u n k a r d if any o ther person shall wi th a knowledge of such prohibi­ tion give sell purchase or p rocure for or on behalf of such prohibi ted person or for h is or her use any such spi r i tuous or fermented liquors he or she shall forfeit upon conviction for every such offence a sum not exceeding five pounds .

66. A n d be it enacted That upon informat ion or complaint u p o n oa th be ing made before any J u s t i c e of the Peace by any credible person t h a t he doth suspect and belief t ha t any such l iquor or liquors as aforesaid is or a rc or have been sold or retai led by any person not hold ing a license au thor iz ing such sale in any par t icu la r unlicensed house or place and such person shall on such information set forth and shew reasonable g rounds for such belief and suspicion then and in such case it shall be lawful for such Jus t i ce in his discretion to g r a n t his w a r r a n t to any constable to enter and search any such house or o ther place by day and such constable m a y break open the doors if not opened wi th in a reasonable t ime after demand and seize all such fermented and spi r i tuous or mixed l iquors as aforesaid as he shall then and the re find a n d t h e vessel or vessels in which such l iquors shall bo conta ined and shall and may detain the same un t i l the owner thereof shall appear before two or more Jus t i ces to claim such l iquors and shall satisfy the said Jus t ices how and for what purpose he became pos­ sessed of t h e same or after be ing summoned shall fail to appear and if it shall appear to t he said Jus t ices after due inqu i ry and examina t ion t h a t such l iquors were in t he said house or other place for t he purpose of being illegally sold or disposed of by re ta i l t h e n such Jus t ices shall adjudge the said l iquors and vessel or vessels to be condemned and forfeited a n d t h e same may and shal l bo sold and the proceeds thereof after paymen t of such costs as may be assessed and awarded by such Jus t i ces shal l be applied and dis t r ibuted in equal moieties to t h e use of Her Majesty and to or amongs t the p a r t y or par t ies so informing but, if otherwise t h e n such l iquors and vessel or vessels shall be for thwith restored to the proper owner on his m a k i n g appl icat ion for the same.

67. A n d be i t enacted Tha t it shal l be lawful for any Jus t i ce

of the Peace constable or o ther peace officer to seize and t a k e away or cause to be seized and t a k e n away and to convey or cause to be con­ veyed to t h e neares t Police Office all such fermented or spir i tuous or mixed l iquors as aforesaid as he or t hey shall have reasonable cause to suspect to be carr ied about for or exposed to sale in any s treet road or footpath or in any booth t en t store or shed or in any boat or vessel or in any other place whatever by any person no t l icensed or au tho­ rized to sell t he same in such place and t h e vessels conta in ing the same and all t h e vessels a n d utens i l s used for d r ink ing or measur ing t h e same and any car t dray or o ther carr iage a n d any horse horses or o ther an ima l or animals employed in d rawing or ca r ry ing t h e same as well as any boat or vessel used in t he conveyance of such l iquors as aforesaid and it shall be lawful for any one or more Jus t i ce or J u s ­ tices of the Peace in a s u m m a r y way on his or thei r own view or on confession of t he pa r ty or on compla in t thereof made by any person wi thou t any formal information and on proof of such offence by the oath of one or more credible witness or witnesses to convict any person so offending of car ry ing about for or exposing to sale such liquors

wi thou t

wi thou t a l i c e n s e and on conviction s u c h person s h a l l forfe i t and p a y

any s u m	no t exceeding	fifty	p o u n d s	a n d	i t	s h a l l	he l a w f u l	for	t h e
c o n v i c t i n g	Jus t i ce	or	Jus t i ces	to	a d j u d g e	s u c h	l i q u o r s	v e s s e l s	and

u t e n s i l s c o n t a i n i n g t he s a m e a n d any car t d r a y or o t h e r c a r r i a g e h o r s e

or h o r s e s or o t h e r a n i m a l or a n i m a l s and any boat or v e s s e l u s e d in

c o n v e y i n g t he s a m e to be fo r f e i t ed and to o r d e r and d i r e c t t he same to

be s o l d and the p r o c e e d s t h e r e o f a f t e r d e d u c t i n g t h e e x p e n s e s of s a l e

s h a l l be p a i d one m o i e t y to t he u s e of H e r Majesty to be a p p l i e d in t he

m a n n e r h e r e i n a f t e r p r o v i d e d for t h e a p p r o p r i a t i o n of fines and p e n a l t i e s

and the o ther m o i e t y to t he p e r s o n or p e r s o n s who may in any s u c h

c a s e first seize i n f o r m or p r o s e c u t e and all p r o c e e d i n g s unde r th i s

s e c t i o n m a y be conducted as n e a r l y as t h e c i r c u m s t a n c e s of t he case

will p e r m i t a c c o r d i n g to t h e p r o v i s i o n s of any law in f o r c e in the

Colony of New South "Wales for r e g u l a t i n g s u m m a r y p r o c e e d i n g s

b e f o r e Jus t i ces of t h e Peace Provided a lways t h a t in all c a se s whe re

f e r m e n t e d or s p i r i t u o u s l i q u o r s s h a l l be c a r r i e d from one place to

a n o t h e r t he b u r d e n of p r o v i n g t ha t s u c h f e r m e n t e d or s p i r i t u o u s l i q u o r s

were no t so c a r r i e d for sale or e x p o s u r e t o s a l e s h a l l be c a s t u p o n t h e

p a r t y or par t ies so c a r r y i n g t h e m .

68. A n d be i t e n a c t e d Tha t in case any p e r s o n whatsoever shall

be	convicted	of	i l l e g a l l y	s e l l i n g	or	r e t a i l i n g	any	s p i r i t u o u s	or	f e r m e n t e d
l i q u o r s	c o n t r a r y	to t h i s A c t	s u c h	p e r s o n	s h a l l	for	t he	t e r m	of	two

y e a r s t h e n n e x t e n s u i n g be l i a b l e to t h e f o r f e i t u r e of all s u c h s p i r i t u o u s

or	f e r m e n t e d	l i q u o r s	w h a t s o e v e r	f o u n d	in	his	p o s s e s s i o n	or	b e i n g	his
p r o p e r t y	(if	e x c e e d i n g	t he	q u a n t i t y	of	h a l f	a g a l l o n )	and	u p o n	in fo r ­

m a t i o n or c o m p l a i n t on o a t h b e i n g m a d e b e f o r e any Jus t i ce of t he

Peace by any c r e d i b l e p e r s o n t h a t he d o t h s u s p e c t and believe t h a t

s u c h	l i q u o r s	e i t h e r	the	p r o p e r t y	o r in	t h e	p o s s e s s i o n	of any	s u c h	p e r s o n
a f o r e s a i d	are	c o n c e a l e d	in	any	h o u s e	or	p l a c e	w h a t s o e v e r	a n d	s h a l l

s h e w r e a s o n a b l e cause for s u c h belief and suspicion i t s h a l l be l a w f u l

for s u c h J u s t i c e to g r a n t a s e a r c h w a r r a n t as in t h e c a s e of a s u s p i c i o n

of t he u n l i c e n s e d r e t a i l i n g of s p i r i t s as h e r e i n b e f o r e d i r e c t e d and the

same s e i z u r e c o n d e m n a t i o n and f o r f e i t u r e s a l e a n d d i s t r i b u t i o n of

p r o c e e d s s h a l l t h e r e u p o n be a u t h o r i z e d as in t h e case l a s t m e n t i o n e d

save o n l y t h a t t h e Jus t i ces s h a l l no t be b o u n d to i n q u i r e as to t h e

p u r p o s e for which t h e s a i d l i q u o r s were in tended b u t solely as to t h e

p r o p e r t y or p o s s e s s i o n a f o r e s a i d .

69. A n d be it e n a c t e d T h a t e x c e p t in cases where i t is here in­

b e f o r e o t h e r w i s e p r o v i d e d for it s h a l l be lawful for any p e r s o n to exhibi t

c o m p l a i n t in wr i t ing b e f o r e any one J u s t i c e of t he Peace c o m p l a i n i n g

of any offence a g a i n s t the p r o v i s i o n s of t h i s A c t and on p e r u s a l of s u c h

c o m p l a i n t	if t he	s a m e	b e a	va l i d	one	s u c h J u s t i c e	is	h e r e b y	r e q u i r e d	to
g r a n t	a	s u m m o n s	in	w r i t i n g	u n d e r	his	h a n d	d i r e c t i n g	t h e	a t t e n d a n c e

of t h e p a r t y	c o m p l a i n e d	a g a i n s t	a t	a	t i m e	and	p l a c e	to be	t h e r e i n
m e n t i o n e d	to a p p e a r	b e f o r e	any two	Jus t i ces	of	t he	Peace	to	a n s w e r

t he c h a r g e c o n t a i n e d in t he s a i d c o m p l a i n t and if s u c h s u m m o n s s h a l l

be served p e r s o n a l l y on t he p e r s o n so c o m p l a i n e d of or s h a l l be le f t a t

b is l a s t k n o w n and u s u a l p l a c e of a b o d e w i th s o m e i n m a t e thereof a t

l e a s t t w e n t y h o u r s b e f o r e t h e t i m e t h e r e i n m e n t i o n e d for s u c h p e r s o n ' s

a p p e a r a n c e	t h e n	u p o n	t h e	a p p e a r a n c e	of	t h e p a r t y	so	s u m m o n e d	at
s u c h t i m e and	p l a c e	as a f o r e s a i d	or	on p r o o f	to	be	t h e n	g i v e n	viva

race on t he o a t h of t he p e r s o n by w h o m the s u m m o n s was so

s e r v e d as a f o r e s a i d and the produc t ion of t he o r i g i n a l s u m m o n s

it s h a l l be l a w f u l for any two Jus t i ces of t he Peace t h e n and t h e r e b e i n g

t h e r e u p o n or a t any f u t u r e p e r i o d to w h i c h the m a t t e r m a y be t h e n

a d j o u r n e d b y a n y o n e J u s t i c e if two s h o u l d no t be p r e s e n t to p r o c e e d

to h e a r and d e t e r m i n e in a s u m m a r y m a n n e r t he m a t t e r c o m p l a i n e d

of and on c o n v i c t i o n of the p e r s o n c o m p l a i n e d of i t s h a l l be lawful for

t h e c o n v i c t i n g Jus t ices or e i t h e r of t h e m in t he case of a p e n a l t y b e i n g

awarded

awarded on non-paymen t of t he pena l ty and such costs as such J u s t i c e

may award to issue a t any t ime not more t h a n fourteen days from the day of convict ion unde r his or the i r hand and seal a w a r r a n t of distress r e tu rnab le on such day as they m a y t h i n k proper to inser t the re in such r e t u r n not be ing more t h a n fourteen days from t h e day of t h e da te of such w a r r a n t au thor iz ing any constable to proceed to levy on t h e goods of the person so convicted if any such can be found for t he a m o u n t of such pena l ty and costs toge ther w i th t h e sum of live shi l l ings for such distress and the said goods for thwi th to seize and car ry to t h e neares t Police Office and t h e said goods so seized shall be sold a t twelve of t h e clock on the t h i r d day after t he same shall have been t a k e n to such Police Office unless t he full a m o u n t of pena l ty and costs shall be sooner paid and the surp lus if any shall remain after t he paymen t of such pena l ty and costs shall be paid to t he person so convicted if demanded w i t h i n one m o n t h and if not so demanded

shall be paid to t he t reasurer of t he neares t hosp i t a l e r o ther char i table

ins t i tu t ion wi th in t h e local jur isdic t ion of which such conviction shall t ake place for t h e general purposes thereof and if no goods can be found before t he r e tu rn day of t he said Avar r an t whereon to levy for

t h e said pena l ty and costs i t shal l be lawful on t he same be ing certified

by wr i t i ng on the b a c k of such w a r r a n t to t h e convict ing .Justices or e i ther of t h e m under the h a n d of t h e person appointed to execute t he same for t h e said convict ing Jus t i ces or e i ther of t h e m for thwi th by war ran t unde r his h a n d and seal to commit t he person so convicted to t he common gaol neares t to t h e place where t h e convict ion took place; for any period not exceeding fourteen days w h e r e t h e pena l ty a w a r d e d shall no t be more t h a n five pounds and n o t exceeding th ree calendar m o n t h s where t he pena l ty awarded shal l be of g rea te r a m o u n t such

person of whom rented the present occupier whether now licensed and if so under what

sign] and which I intend to keep as an Inn or Public-house.

I am married having a wife and children [or unmarried as the case may

be] and I have held a license [if before licensed state how many years and what kind of

license].

I further give notice that I propose C. D. of and E. F. of

as my sureties to enter with me into the required recognizance.

Given under my hand this day of

one thousand eight hundred and

A. B.

A 2.

Form of Householder's Certificate to be a p p e n d e d to the above.

W E the undersigned householders residing within the city town or district of

do hereby certify that the above A. B. of

is a person of good fame and reputation and fit and proper to be licensed to keep an Inn or Public-house for the sale of fermented and spirituous liquors therein and that such house will be a convenience to the public.

Witness our hands this day of

one thousand eight hundred and

One Two_ Three Four Five

A 3 .

Form of Recognizance to be entered into by an Applicant for a Publican's General License.

New South Wales

to wit.

B E it remembered That on the	day of	one thousand
eight hundred and	A. B. of	C. D. of

and E. F. of came personally before us G. H. and J. K. Esquires Justices

of the Peace acting in and for the district of in the said Colony and

acknowledge themselves to owe to our Lady the Queen to wit the said A. B. the sum of fifty pounds the said 0 . 1 ) . the sum of fifty pounds and the said E. F. the sum of fifty pounds of lawful money of Great Britain to be respectively levied on their several goods and chattels lands and tenements to the use of our said Lady the Queen Her Heirs and Successors in case default should be made in the performance of any of the conditions hereunder written.

The conditions of this recognizance are such that whereas the said A. B. is to be

licensed pursuant to the Act of the Governor and Council passed in the thirteenth year of

the reign of Her present Majesty Queen Victoria intituled "An Act to consolidate and

" amend the Laws relating to the licensing of Public-houses and to regulate the sale of

" fermented and spirituous liquors in New South Wales" to keep a common Inn Ale-house

or Victualling-house and to sell fermented or spirituous liquors in the house wherein he [or she] now dwells [or is about to dwell] being the sign of situated

at in the district [or city or township of]

until the first day of July one thousand eight hundred and
if the said A. B. do keep the law in selling such liquors as aforesaid in his [or her] said house
and its appurtenances and do not permit any person to become drunk or supply or permit
any such liquor as aforesaid to be supplied or given to any person in a state of intoxication or
permit such person [not being an inmate thereof] to remain in his [or her] house or premises
or to commit any disorder therein or refuse to admit a Magistrate Chief Constable Inspector or
other Constable duly authorized into any part of the said house or premises at any hour
and do maintain good order and rule in the said house and premises [and the following is
to be inserted at the discretion of the Justices granting the license] and do also maintain and
keep on foot such accommodation for travellers and guests and their horses and servants as
is required in and by the said Act of the Governor and Council then the said recognizance

to be void otherwise to remain in full force.

Taken and acknowledged the day and year above written before us

G. H. J .P . [L.S.]

J. K. J .P . [ L . S . ]

B.

B.

Form of a Packet License.

New South Wales

to wit.

WHEREAS A. B. of being the master [or commander] of the steam-packet

[or if any other kind of vessel describe it] conveying passengers between
[name the place] and [name the place] being places within the Colony of
New South Wales [and its dependencies] hath deposited in this office a certificate from the

Justices of the Peace assembled at the Annual Licensing Meeting [or at, a Special Sessions]

held at on the day of in the year of our
Lord one thousand eight hundred and authorizing the issue to the said A. B. under and by virtue of the Act of the Governor and Council passed in the thirteenth
year of the reign of Tier present Majesty intituled "An Act to c o n s o l i d a t e and amend the

" Lutes relating to the licensing of Public-houses and to regulate the sale of fermented anil

" spirituous liquors in New South Wales" of the license in the said Act called a Packet
License [and stating that the said Justices have taken from the said A. B. and two sureties
the recognizance required by the said Act ] And whereas the said A. P. hath paid into my
office the sum of two pounds sterling as the duty on such license Now I the Colonial Treasurer of the said Colony [or other person appointed by the said Governor for the purpose of issuing licenses under the said Act as the case may be] in virtue of the powers vested in me by the said Act do hereby license the said A. B. to retail fermented and spirituous liquors to any passenger on board of such vessel during the actual passage of such vessel between one such place and another and this license shall commence upon the first day of

next and continue in force until the thirtieth day of

then next ensuing both days inclusive provided it be not forfeited in the meantime according

to the provisions of the said Act.

Given under my hand and seal at Sydney this day of

one thousand eight hundred and

Registered N. 0 . [ L . S . ]

P. Q. Colonial Treasurer [or other person

as the case may be].

B 1.

Form of Notice of Application for a Packet License.

To the Worshipful the Justices of the Peace acting in and for the District of

in New South Wales.

I A. B. being master [or commander] of the steam-packet [or other vessel as the case may be]

conveying passengers between [name the place] and

[name the place] being places within the Colony of New South Wales [and its dependencies] do hereby give notice that it is my intention to apply at the next Annual Licensing Meeting to be holden for the said district for a license for the sale of fermented and spirituous liquors to the passengers on board such vessel pursuant to the Act of Council in that case

made and provided.

I further give notice that I propose C. D. of and E. P. of

as my sureties to enter with me into the required recognizance.

Given under my hand this day of one

thousand eight hundred and

A. B.

B 2.

Form of Recognizance to be entered into by the Applicant for a Packet License.

New South Wales

to wit.

B E it remembered that on the day of one thousand eight

hundred and A. B . of C. D. of and E . P. of

came personally before us G. H. and I. K. Esquires Justices of the

Peace acting in and for the district of in the said Colony [or any of its
dependencies as the case may be] and acknowledged themselves to owe to our Lady the Queen to wit the said A. B. the sum of fifty pounds the said C. D. the sum of fifty pounds and the said E. P. the sum of fifty pounds of lawful money of Great Britain to be respectively levied on their several goods and chattels lands and tenements to the use of our said Lady the Queen Her Heirs and Successors in case default shall be made in the performance of any of the conditions hereunder written.

T h e

The conditions of this recognizance are such that whereas the said A. B. is to be

licensed pursuant to the Act of the Governor and Council passed in the thirteenth year of

the reign of Her present Majesty Queen Victoria intituled " An Act to consolidate and

" amend the Laws relating to the licensing of Public-houses and to regulate the sale and

" consumption of fermented and spirituous liquors in New South Wales" to retail fermented

and spirituous liquors on board the steam-packet [or other vessel as the case may be]
carrying passengers between [name the place] and [name
the place] being places within the Colony of New South Wales [and its dependencies]
whereof the said A. B. is master [or commander or owner] until the first day of July one
thousand eight hundred and during the actual passage of the said vessel
between one such place and another if the said A. B. do not sell or dispose of any sucli
liquors as aforesaid or permit the same to be sold or disposed of while the said vessel is
lying in any port or harbour or otherwise contrary to law or the conditions of his license
and do not permit any person to become drunk or supply or permit any liquor to be
supplied to any person in a state of intoxication or commit or suffer to be committed
any disorder on board the said vessel then the said recognizance to be void otherwise

to remain in full force.

Taken and acknowledged the day and year above written before us

G.	H.	J . P .	[L.S.]
I.	K.	J . P .	[ L . S . ]

c.

Form of a Confectioner's License.

W H E R E A S A. B. of hath deposited in this office a certificate from the

Justices of the Peace assembled at the Annual Licensing Meeting [or at a Special Sessions]

held at on the day of in the year of our Lord one

thousand eight hundred and authorizing the issue to the said A . B . under and by virtue of the Act of the Governor and Council passed in the thirteenth year of the reign of

Her present Majesty intituled "An Act to consolidate and amend the Laws relating to the

" licensing of Public-houses and to regulate the sale of fermented and spirituous liquors in

" New South Wales" of the license in the said Act called a Confectioner's License for the

shop [or rooms] of the said A. B. in the city town or district of limited to the liquors hereinafter mentioned [and stating that the said Justices had taken from the said A. B. and two sureties the recognizance required by the said Act] And whereas the said A. B. hath paid into my office the sum of one pound sterling as the duty on such license Now I the Colonial Treasurer of the said Colony [or other person appointed by the said Governor for the purpose of issuing licenses under the said Act as the ease may be] in virtue of the powers vested in me by the said Act do hereby license the said A. B. to sell ginger beer and spruce beer but no other fermented liquor nor any spirituous liquor or mixed liquor part whereof is spirituous in the shop [or rooms] of the said A. B. situated in

aforesaid and this license shall commence from the first day of next

and continue in force until the thirtieth day of next ensuing both days inclusive provided it be not forfeited in the meantime according to the provisions of the said Act.

Given under my hand and seal at Sydney this day of

one thousand eight hundred and

Registered N. 0 . [ L . S . ]

P. Q. Colonial Treasurer [or other person

as the case may be].

C 1.

Form of Notice of Application for a Confectioner's License.

To the Worshipful the Justices of the Peace acting in and for the District of

in the Colony of New South Wales.

I A. B. [state the trade or occupation] now residing at in the city

town or district of do hereby give notice pursuant to the Act of the Governor
and Council passed in the thirteenth year of the reign of Her present Majesty intituled " An Act to consolidate and. amend the Laws relating to the licensing of Public-houses and

to regulate the sale of fermented and spirituous liquors in New South Wales" that it is my

intention to apply at the next Annual Licensing Meeting to be holden for this district for the license in the said Act called a Confectioner's License for the sale of ginger beer and spruce beer in the shop [or rooms] which I now occupy [or intend to occupy] situated

[here describe the house proposed to be licensed specifying the situation of it the number and description of rooms which the license is applied for the person of whom the house is rented the present occupier and whether now licensed].

I

I am married having a wife and children [or unmarried as the case may be]

and 1 have held a license [if before licensed state how many years what kind of license and

for what district].

I further give notice that I propose C. D. of and E. F. of as

my sureties to enter with me into the required recognizance.

Given under my hand this day of one

thousand eight hundred and

A. B.

C 2.

Form of Recognizance to be entered into by the Applicant for a Confectioner a License.

New South Wales

to wit. \

B E it remembered That on the day of one thousand eight hundred

and A. B . of C. D. of and E. F of

came personally before us G. H and I. K. Esquires Justices of the Peace acting in and for the district of in the said Colony and acknowledged themselves to owe to our Lady the Queen to wit, the said A. B. the sum of fifty pounds the said C. P . the sum of

fifty pounds and the said P. P. the sum of fifty pounds of lawful money of Great Britain t o be respectively levied on their several goods and chattels lands and tenements to the use of our said Lady the Queen Her Heirs and Successors in case default shall be made in the performance of any of the conditions hereunder written.
The conditions of this recognizance are such that whereas the said A. P . is to be

licensed pursuant to the Act of the Governor and Council passed in the thirteenth year of the

reign o f Her present Majesty intituled "An Ad to consolidate and amend the Lairs relating

" to the licensing of Public-houses ami la regulate the sale of fee men led and spirituous liquors

" in New South, Wales " to sell ginger beer and spruce beer but no other fermented liquor nor any spirituous liquor or mixed liquor part whereof is spirituous in the shop [or rooms] of

the said A. B. situated at in the district [or township o f ]

until the first day of duly one thousand eight hundred and if the said A. B. do not sell or dispose of or permit to be sold or disposed of any other fermented or spirituous liquor than such as is authorized by his [or her] said license and do in all other respects keep the law and the conditions of such his [ o r her] license in selling the liquors so authorized by such license and do not permit any person to become drunk or supply or permit any liquor [to be supplied to any person in a state of intoxication or permit such person to remain in his [or her] shop rooms or premises or commit any disorder therein and do maintain good order and rule in the said shop [or rooms] and premises then the said recognizance to be void otherwise to remain in full force.

Taken and acknowledged the day and year above written before us

G. H. J .P.	[n.s.l
I. K. J .P.	[L.S.]

D.

Form of Certificate by Justices to authorize the granting of a License.

New South Wales

to wit.

A T the Annual Licensing Meeting [or an adjournment of the Annual Licensing Meeting

or at a Special Petty Sessions for the transfer of Licenses as the case may be] of Her Majesty's

Justices of the Peace acting in and for the district of holden at

on the day of in the year of our Lord one thousand eight,

hundred and	pursuant to the Act of the Governor and Council passed in the
thirteenth year of the reign of Her present Majesty Queen Victoria intituled	" An Act to

" consolidate anil amend the Laws relating to the licensing of Public-houses and to regulate

" the sale of fermented and spirituous liquors in New South Wales" for the purpose of con­

sidering applications made to us for licenses pursuant to the said Act We being the majority of the Justices assembled at the said Meeting or Sessions [or I being the only Justice present after such adjournment of the said Meeting or Sessions and notice as required by the said Act and the requisite notices of application for a General Publican's or Packet or a Confec­ tioner's License as the case may be having been proved before us to have been duly served and posted] do in virtue of the power vested in us [or me] hereby authorize the Colonial

Treasurer or other proper officer to issue to A. B. of the license in the said

Act called for [here state the house sign district shop room steam-packet vessel or other particulars according to the description of license and nature of the ease and if a Confectioner's License specify the particular liquors allowed to be sold] until the first day of

2 0 — V O L . 3 . July

July next and we do hereby certify that we are satisfied the said A. B . is a person of good fame and reputation and fat and proper to be licensed as aforesaid and also that we have

taken from the said A. B . and his sureties 0 . I) . of and E . F . of

a recognizance in the sum of fifty pounds each according to the form prescribed in the said

Act of the Governor and Council.

Given under our hands and seals the day of at the place

aforesaid.

G.	I I .	J . P .	[ L . S . ]
J .	K.	J . P .	[ L . S . ]

E.

Form, of Temporary License to sell fermented and Spirituous Liquors at Public Fairs,

New South Wales

to wit.

B E i t remembered that A. B . of holding a license [describe the nature thereof and the house place or district for which the same is granted having applied to us

on the day of for authori ty to exercise

the privileges of the said license at a public fair [or other place of amusement as the case may be] to be holden at on the day of Now we. do hereby grant to the said A. B . authori ty to exercise the said license at the said fair [or other place of amusement] on the said day of between the hours of

in the morning and in the evening Provided always [here add any

conditions which the Just ices may sec fit to attach to the grant of the permission applied for]

Given under our hands on the day and year aforesaid.

C. D. J . P .

E. F . J . I ' .

Form of Indorsement on License of a Transfer License.

B E it remembered that we the undersigned being the majority of the Just ices present at a

Special Pe t ty Sessions for the district of held at

for the purpose of transferring licenses do hereby upon the application of the within named
transfer the lights and privileges of the within license to G. I I . for the
residue of the term for which the same has now to run the said G. I I . having first exhibited

the certificate and entered into the recognizance required by law and having proved that the

requisite notice of application for transfer was duly published.

C P .	J . P .
E . F .	J . P .

G.

Form of Indorsement on License of chamje of house and premises.

M E M O R A N D U M that upon the certificate of the proper Justices that the within named G . H .

has entered into new recognizance as required by law upon an application for a change of the house and premises in which a license is exercised I. do hereby declare that the within license shall henceforth cease to apply to the house and premises therein described and shall apply instead thereof to the house and premises occupied [or about to be occupied] by the said G . H . situate [described as in original license].

C. D.

Colonial Treasurer [or other person

as the case may be] .

H

H.

Form of Judgment on Conviction.

New South Wales

to wit.

Be it remembered that on the day of in the year of

our Lord one thousand eight hundred and G. H. of

in the Colony of New South Wales was duly convicted before us G. D. and E. F. Esquires two of Her Majesty's Justices of the Peace for the said Colony upon an information in that behalf exhibited before us [or before other Justices to be named as the case may be] on the

day of now last past for that on the

day of one thousand eight hundred and [state the fact or offence in respect of which the judgment or conviction is had and that it was committed in the Colony of New South Wales] and we do in pursuance of the Act of the Governor and Council passed in the thirteenth year of Her Majesty's reign intituled " An Act to

" consolidate and amend the Laws relating to the licensing of Public-houses and to regulate

" the sale and consumption of fermented and spirituous liquors in New South Wales

award order and adjudge that the said G. II. do for such offence forfeit and pay the sum of
pounds to be appropriated as in and by the said Act is provided besides the

costs and charges of and attending this conviction which said costs and charges we the said

•Justices do hereby ascertain and assess at the sum of pounds.

Given under our hands and seals the day and year first above written.

C.D.	J .P.	[L.S]
E.F.	J.P.	[L.S]