Licensing Act 1837 (SA)

GULIEL&II IV. REGIS.

AN ACT for the grantiny of Licemes, and the r e p l a t i ~ l g the

sale cf Wine, Beer, and Spirituous Lipors, and f o ~ the prc-

vention of Drunkenmss, artd the promot i~lg	of good order in
Prdblic Hoztses.

of the Iloyal Rnnovcrinn Gucllhic Ordcxr, Cowrnor m d Cornmnnilcr-	BE IT EXACTED, by IIis Esccllcncy Jonx Ilrs n v ~ l w r, Knight,
in-Chief of His 3Iajcsty's Province of South histmlin. and its Ucpcn-
dcncics, by ancl with tllc ndvicc of the T.cgidntive Council tllcrcof,--

11 1. I c l 1,iccnsc or rcqwctivc Licenses as nf&snid, ;

slmll be issticd from, :md rq$stmcd in, thc oficc of thc Colonial Seem 1

t i ~ r ~,	m d dknU bc to thc fonn and cffrct mcntioncd in Schcdu1cs
K&.	1 oncl 2 hcnbnto nnncxcd ; a i d that 'for cvcry Liccnsc for

sdling Tl*iilr, ~ l l c ~, I h r, or othcr SJnlt Liquors, thcrc &all bc nnnunlly paid to tllc C0101liid Trcnsurcr thci sum of ten pounds sterling, and

for cvwy Licctls~ for the snlc of Spirituous Liquors of any Kid wht-

SOCVC~, tllc s u n of Fifty ~ o I u ~ ( L ~ sterling.

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-1V. m Tmr r v c q Dcrso~i dcsirous to obtain a License for thc c-nt

or any succeeding ycar, shall procure a ccrtificntc to Uie effcct md	-
in tllc form sct out in the Schcdulr l~crcunto n~mcxcd, and to be
signed by at lcast tlucc rcspcctable houscholdcrs, or pcrsons being

cacli rcspcctirely purchasers of at lcnst eighty acrcs of land in the said -

Proliner, and to be countcr4gncd by a Justicc of thc l?cncc for the said Province or its dcycndcncics, and that such pcrson sllnll also, bcforc any two Jwticrs of thc Pcncc of ffic said Provitlcc and itr depcnclcncics (who nrr hrrebp rmpowwcd to tnkc on nckn~slcdgn~cnt	-
thcrcof,) cntcr into and nclinowlcdgc n ~ccogaiznncc to IIis hIajesty,' his IIcirs, nrid Socccsnors, with two swctics to be approscdof by tho
sdd Justices, in tlic terms and form and with thc condition prcseribecl
in this Act, which rccognizmcr shall be rcgistcrcd and filcd with the Clerk of the hInb!strates of thc clistrict tvlmrc the npldicnnt resides,

-	and upon poductlon of such ccrtificntc as nforcsnid, and upon pay-
nmit of the sum of inonq- rcquircd to bc paid 1n.evious to the grant
of tllc porticdnr license rcq11irr.d by tllc nl~plicnnt, nlld also upn o
prododoctio~~ of o ccrtificntc of tllc Clerk of tlic said Xagistrat~, of thc
acknowkdg~uwt, filing, and rcgistry of the rccogniznncc r c q ~ c d by + .
the Act, mid also n rcccipt f rom tlic Coloninl Trcnsucr for tllc mm Im-cinbcforr rrqttirccd to bc paid for cacll license as aforesaid, tlre Coloninl Sccrctiuy shall, and hc is hereby rcqaiccd and cn~po~wl.rcd
to grant a liccnsc to the applicnnt thcrcof. .,

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willL snrcticr, and cntrring into the likc mgnpacnts ~IricIl tlm

' t r i t ln l lnrty obtaining t h snmc is bound to proclucc or cntcr into. ,

YII. TITAT it shall bc Im~ ' fd hr 4 1 1 ~ Justice or J~isticc-S of the

Pcncc sitting nt or on the trial or information, or nny otllcr hc,?ring nndcr this Act, for r r tn ihg witllout n liccnsc, to clctcrminc tllc fact of what cltding is or is not a scllh~g or ddaling by rctnil without liccnsc, and that without dircct cvidcncc of moncy or value b a ~ i n g

Iccn given for thc liquors nllcgcd to haw bccn so sold or rctnilcd, and that in all proeccdings under this Act thc dcfcndnnt sllall bc dcc~nctl to bc unliccnscd, unless hc shall produce his liccnsc, or bring

otlicr satisfictory cvidcilce of his having bccn lic~nscd.~ .

\'III. T~IAT no mnstcr or othcr employer shall, (lkcctly or in&

rcctly, ngrcc to pay, 'or dlall in fact pay wages, hire, or rcwnrd, or any part tlicr~of, to any person cmploycd by l h or thcm, by t1~c sale

or dcli\-c1-y of s~ccll liquor as aforesaid, (saw as hcrcinnftcr n~cntioncd

n ~ d pro~blcd,) or sllnll ~nnlic any sct off against, or dcdnction fiom,

sucli wagcs, hire, or rc~vnrd, for or in rcqcct of any such liquors, (save ns lit*rrin:lftcr nlmtiond,) iuirlcr tlw pcnnlty, for cvcry offcncq of not L - i s than 'fiw pounds, or inore than k'ifty l)ouu(ls, and notwith- standing any mcll ngl-ccmmt or set off, thc perso11 SO cmploycd shall

bc ent i th~l (saw nr nftcr mcntiolwd) to his ~vllolc rrngcs : ~ ' ~ L O Y I D P D

ALWAYS, that ~lotlling in this Act s h l l bc rlccrncd or tnkcn so as to

prcwnt any master or 0 t h cmploycr from funlislling or supplying any pcrsou cmploycd by liim with spirits in rcasonablc qunntitics in tllc nntum of rntions, mu1 not to cscccd in tlw whole one gill of spirits pcr day for each person cmploycd, and to such m1 extent and no fr~rt lm, sitcll lnnstcr or m~ploycr is to bc considered as cntitlcd to

a sct off or dal~mtion ngnhwt tlic wngcs of tlw person cmployd by

him, anything 1~crcinl)ct~rc coiitni~lcd to tlw contmry notwitllstnnding-

IX. TII& it shnll br lnwfill for IIie Esccllcnry thc C;ovcmor for !

the tiinc bring,. to limit tllc nonlbcr of publir.-liol~scs to bc kcpt in

any given district, nnd to signify his plcasnrc in t ln t rrsprct to the

Colonid Sccretnry, wl~o dmll limit tlw liccl~s~s nccordingly: I'm-

rm:n .~r.w.ii-S, that slwh l i lni t :~hn sh11 11111\. opc~;\tc SO as to prcscnt

.	tllc inerc;w of rsisting liccnws, mvl shall Got bc tnltcn' so as to do
nwny with :m1 nlrmgntc liccaws a.lA-h inny l i n ~ c l~crn gmntcd, and

which may cont iniw ~udorfi~itcd.

XIL. TIIAT no licmisctl pcrson sldl t dic or receive in pt$ment, or

as a pledge, or in bbnrirr or csclmngc, for any such liquors, an goods

o r cllnttcls, or other thing wlint~oc~~r, Province, nndcr a pc11alt)- of not less than Ten pounds, or more than not bcing currency of t e said K

- Fifty pounds. ..

XIr. Tll.1~ no suit or nction for nuy dcbt or sum of moncy due

for of mly kind, sold or bought by rctnil, tlcit in to say, in icsq

qumtitics t l ~ n tell gnll011~ nt olm tiinc, shall be sustait~cd in any

Court of tlrc spitid ~Po&ce, anor slrnll any particular itcm in any nccotult for distilled liquors, bc nllowcd or maintained by way of set

off, wlrcrc the l iq~~ors dclivcrcd at one time, and mcntioncd in snch

article or itcrn sllall not amount to ten gallons at the least, and that

without fraud, save as aforesaid. '. .

XVI. THAT 110 pcrson shall rccovcr any sum of moncy due on

account of any such liqnors which sliall be sold to an unliccnscd

retailer, nor sldl such uuliccusccl mtailcr lmm any rcmcdy for, or	-
recover from nuy person any sum of moncy on accomt of any such
liquors sold by l h. And all contmets, bills, promissory notes, bonds,
or other wrifings, g i y n as scctiity for t11c pq-mcnt' of thc liquors contractcc1 for, shall be, and nrc bereby declnrcd to bc, null and yoid.

shall forfeit and psj. the sum of Ten pounds for every offence, and

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shall, at the discretioxl of tho said Xagistrate, be committecl to prison

for a space not csccecling one month.

. XIX. THAT all fines which shall bc levied and paid wdcr this Act

shall bc nccoontrd for and paid over to the Colonial Treasurer, and

shall be carried into, and form part of, and shall be accounted for, as

part and parcel of the Revenue of tllc ~rovince.

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XX. THAT in this Act the usual words of enactment shall be '

deemed and taken to operate as fully as if repeated and mitten at

the commencement of every section thereof. . -

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XXI. THAT in th& Act, unless where otherwise required by the

context, the word party or person shall extsnd to males and females,

and words in the singular shall extend to the plural.

February 2nd, 1837.

- Passed the Council. .

GEORGE STEVENSON, *S il

Clerk of Council.

By His Excellency's Command,

ROBERT GOUGER,

Colonial secre t'ary .

sited with me a certifi-

or persons respectively he said Province, and

the said Province, Seventh year of His e a. certificate of the

e district in which the said A. B.

c l his sureties in

-mentioned Act

ED'IJIX So. 2.

Liceme for S&irits.

tbo ::Gd	l ' l - o \	it!(.	(l.	,. i. .	I	i	.ll;
t i,

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to tllc irnor of m1 'Act (So. 4) of tlw scvcnth war of his prcscnt Xaj rs t f, ant1 llutll ill20 dtpsitcd with l ~ c n crrti&ntc of tl~x Clcrk of

tllc 3Ingistmtcs of tlic district in vhich the said A. U. rcdilcs, of tho a~lino\rlc(I~r~llc~~t, filing, and rcgishy of tlw T C C O ~ ~ ~ ~ Z ~ I ~ ~ C C rcquird to bc cntcrcdi?lnto by tllc said Act, and also thc w-rcript of tllc Colonitd

T ~ c ~ I s u ~ c ~;	fw	the sruu r c y h x l to bc paid for his liccnse by the said	.	.
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Act ; Sow tlwrd'orc thc said I. B. is lwrcby liccnscd to scll Spirit9

in thr honsc llc now d~~-\-clls ill, situntc nt ( h e w specity residemw),

providcd t1lr.t. goocl order and rule bc ninintnincd nnd kcpt in the soid.

house, pursuant to thc condition of thc sccogi~iznncc	cntcred into by	l
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the said A. B., and his surctics in that behalf, providcd that tlm pro-

vision of tllc nbovc-mentioned Act bc in all rcspects drdy obser\-c& And it is hcrcdy to be csprcssly understood that this license is to

continue in forcc until the day of : . i r ,. - . L

next ensuing the date llcrcof and no further.	.	. . I	,
. . . f T = t. .'

C . ,r

Dated the day of

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Form of Cer~tjkate.