Licensing Act 1839 (SA)

ANNO SECITrU'DO

.VICTORILE REGINB. -.

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No. 1.

A l i ACT to reyu7ate the Retnil of Liprors, and to preserve good

0 r d m

ill

~ i c e l z s e h Public

Houses.

IIEREAS it is expedieut to make provisiorls for the retail

of wines, spirits, and other !fcrnlented liquors, within the

l'rovince of Sontli Anstmli?, by lieel~sing

I'ublic ITonses, and to

make regulations for preserving good order tllercin:

Be it therefore Enacted, by 13s Excellellcy Lieutenant-Colonel

GEORGE

GAWLEI~,

Knight of the Royal Hanoverinn Guelphic Order,

(:ovenlor

am3 ~omlGailcter-in-chief of the Province of' South

hustrdia, by and -7itb

the aclvicc m d consent of the Legislative

thcreof, as follows:

Co~uicil

I

I. Thnt. after the eig?twnth day of March next ensuing, no NO person to rctail

person wllatevcr shall directly or indirectly sell, harter, excha~gc, ~ ~; ~ ~: ~ ~; ;; ~ ~ d ~ r d

or retail, OY permit to be sold, bartered, exchanged, or retailed liavingantail licenec.

within the said Province, less tlmn five iinperial gallons of dc,

heer, or other n~nlt liquors, or of wine, cider, ginger beer, spruce

hew, brandy, sin, rum, nlrialiy, cordials, or any other spirituous

or fermented lquors withont obtaining a licence as llereinafter mentioned, ander 3 penalty of not less than Ten Pounds nor rnore

than Fift,y Pounds: Provided always, that uotl~iig herein contai11t.d ~ o t to exteqato

known phys~mans,

4mll extend to ktlown and practising npotllccaries, pl~ysieians, .,, or

iLlrgeOllS, clleiili~ts, or druggists selling, prescribing, or administer- selling as medicines.

ng m y of the liquors before mentioned siruply as medicines or for

ucdicinal purposes.

11. And also, That it sbnll be lawful for the Governor in Council limit

o decide what Y I U ~ ~ C S of licences ought to be issued for each and

!very district within the Province, and to make such decision

A known

known to the Clerk to the ates before the annual meetings

of Justices hereinafter me	, or to the person to be appointed
in certain cases to grant pu	' licences as hereinafter provided

for, whereupon the Justices g in each district and the person so to be appointed as aforesaid &all limit the number accordingly,

How Jnstir~

to

selecting (in case the licencei granted for such district in the

preceding year shall be the	reduced in number) such persons
as may have managed their	S and premises in the most orderly

manner.

proceed &erward&

Manner of application

and time of yearly	111. And also, That every person desirous of procuring a licence shall, on or before the first M~nday	in March in the present year,
meeting.

and the last Monday in February in every succeeding year, deliver to the Clerk to the Magistxtt$es or Resident Magistmte of the district wherein the premises tcr be licensed may be situate, or to such other person as the ~ o v e r ~ o r may appoint for that purpose,

Notice of spplicntion	a written notice in one of the forms contained in Schedule A,
as in Schedule A.	hereinafter inserted (which, witEl every other schedule hereafter mentioned, and the directions thereill res~ectively given, shall be deerncd part of this Act), accmpanied b i a certificate of at least three known housekeepers re~iding in the district wherein the intended premises are situated, and in the form described in the
Separate tap or	same schedule: And also, if the applicant for a licence to lzecp an
taprooms.	inn or public housc shall be degirous of keeping a tap or taproom, or tap and taproom detached from his boaaJde dwelling-house, or in such house, but having any other outer door thereto than thc house itself has (which dedre shall be fully expressed in his notice), accompanied by another certificate from at least two known housekeepers residing in the Province, in the form lastly described in such schedule, with noticc: of the name, residence, tmde, or calling of the person therein mentioned, ~vho may be proposed to have the personal management a d superintendence of the same tap
ox taproom, or tap and taproom.

u~mcmM~~ren 'Bd 1V. And also, That applications for Justices' certificates of ap-

in Adelaide, and in

other p l to be ~ ~ p r o d of persons receiving licences, or of licenccs being transferred

appintede	throughout the Province, shall Be considered at Adelaide: Provided
always, that it shall be lawful f& the Governor in Council to appoint such one or more places in addition, as shall from time to time
appear requisite for the aforesaid purpose.

Xirat general meeting

to be on the mcond	V. And also, That general tnectings of Justices of thc Peace for that purpose, on the secorid Monday in March in the present and every other year, for tho cousideration of applications for
Monday in March in	shall be holden respectively atr~delaide, and in such other places
every year.	as shall from time to t i~ue be appointed by the Governor in Council
Which may be	licences, which meetings may respectively be adjourned for any
adjourned.	time that may appear to be necessary, but decisions as to granting certificates shall not be given on any other than original or adjourn- ment days, and when the Justices are assembled for the consider-
ation of applications as aforesaid, at all which meetings any Justice,

wherever

,

wherever usually resident, may s t t e d, and vote, and act: Provided Justice" disqualification.

alwa,ys, that no Justice being a brewer, maltster, distiller, importer of for sale, or dealer in wine, malt or spirituous liquors, or in part- nership with any such person, or dihectly or indirectly as owner, trustee, manager, or agent beneficially interested in any house licensed or about to be licensed, &all sit or act in any matter relating to licences, convictions, or appeals, rior shall any Justice vote on the hearing of appeals against his own convictions, under a Pcn~lty	for acting in
C'seP
penalty of One Hundred Poands, to be recovered by action of debt.

VI. And also, That no persons in sitnations under the Govern- Persons disqualified

mcnt or Colo~~ieation Commissioners, no constable, nor licensed ~ ~ ~ ~ e ~ ~ ~ ~ . O r

auctior~eer shall hold licences, rior sll;dl such persons or ally licensed publicans or other dealers in liqnors be received as suretiis in any

recog~iiztuice to be entered into under this Act.

VII. And wllerens it is expedient and uecess:wy that provision should be run& for tlle selling and retailing of liq;ors under this

Act at distant places mitlrin this Province: Be it tlicreforc Enacted, Gorsrnor may

That it shall and may be lawful for the Governor in Council to ,,,,,, ,,,,, ,,, appoint uuy one or

nominate and appoint any one or more persoil or pcrsous, at any persons licences to under grant this

distant plncc or places wi'tbin this Provilw, to isme licences for

airtun~plaecs.

selling and retailing liquor under the provisions of this Act, and that sue11 licences so issued by such JIWSOIL or persons sliall be valid ard effectual, to 2111 irltents and purposes, as if the same weye issued in the m:mner hereinaftcr specified for that pwpose: T'rovided always, that every person to whom such licences sh11 be so grarlted as aforesaid, shdl, in all rcspects whatsoever, comply with and be subject and liable to the rules, ~cgnlatbns, penalties and disabilities, and shall do a id perfor111 all things whntsocvw, which persons licensed under the provisions of this Act are required to do, or to which such persons are nude subject.

VIII. And also, That every a p p v e d applicant as aforesaid Recognizancesto be taken as iu Sch~dule

shall, on the original or adjournliieut day of the Justices, enter into R, aftcrwar& a

a recognizance with two approvecl sureties, and conditioned as in Jllstice to certify as	in Schedule C.
before, and' signed by, at least two of the &st?mhled Justices, any	Schcdulc B, hereinafter inserted, wlliclr recotpizance s l d 1 be taken
two of which Justices shall afteyw;lrdq by n certificate in the form prescribed by Schedule C, hereinnf'tcr inserted, authorize the issue of n licelice to the :tpplicant, and which certificate shall be dated the day on which the recognizance shall have been taken, and in case any applicarit sliall be prevented by sickness or other allowed came from giving persoiial attendance, two at the least of such Justiccs may take a recognizance from three approted sureties in the sum of fifty pounds each for performance of the colzditioris of the said recognj~ance, whereupon any two of the said Justices shall

authorize by the like certifi~a~te as aforesaid, the issue of n licence to

the absent applicant, and the same and every other recognizance Recognizances to bo

that rmy be entered into under tllis Act, shall, when signed by the g:g,"g$t

Justices be filed and kept by the Clerk to the Magistrates, or such M@strates, under a,

other P n W.

emon as the Gover int for that purpose, for the to which such recognizance first registering the same in er a penalty of not less than

ds for every default.

IX.. And &o, That ery yearly meeting the Justices shall

decide fkst upon the app	ns of those who hold original licences
and may have conducte	selves and their licensed premises in

a proper manner, with	ng their licences, and tlren upon
the applications of pers	licences by transfers from others,

and lastly, upon the a ns in respect of houses to which

licences are not then att	egnrd being had before proceeding
in the consideration of an	cations wha'tever, to the number of
licences authorized to b	as before mentioned.

X. And also, That the erk to the Magistrate, or other officer

so to be appointed as afore, o d y shall attend the Justices' yearly and quarterly meetings, and blinute the result of the proceedings, and on receipt of Ten Shilli~& and Sixpence fur cach recognizance, Two Shillings and sixpenc4 for a copy thereof (if required), and Two Shillings and Sixpence for each certificate of the Justices, shall deliver such certificate and cbpy of recognizance to, or to the order in writing of, the pcrson iu 'ttvhose favor the certificate may have been signed, and shall irnm;Idiately send a copy of such certificate, attested as a true copy, to thd Collector of Internal Revenue. if such

fiwits certificate be iu favor of a pt&on residing within that part of the

licence Provioee comn~only called tbb District of Adelaide, or of such other

hedole person as may from time to time be appointed for that purpose by

alty. the Governor, if such certificdte be in favor of a Derson residing in

any other p i t of the ~ r o v i n h, which Collector o i Internal ~ e v & u e

or other person, on sight oftbib original certificate, and receipt of the sum payable in that behalf, &all immediately issue n licence in thc form prescribed by Schedulb D, hereinafter inserted, or as near thereto as the circumstances~ will admit, and deliver it to the per- son paying for the same, u$der a penalty of not less than Five Pounds nor more than Fifty Pounds, to the use of the person

And to file and keep

the certificate under authorized to receive the snip licence, and every such certificate

shall be filed and kept by the ollector of Internal Revenue, or other

B penalty.

person appointed as aforesai such Collector or other person f i s t registering the same in a book to be kept for that purpose, under a penalty of not less than Two Pounds nor more than Twenty Pounds

for every default. 3

XI. And dso, every liee&e issuing under this Act slmll, with- out regard to the date of the Justices' certificate, be dated the day on which the money payable fpr the Barno is actually paid, and if not previously forfeited shall be in force until the twenty-fifth day of March thence next following, inidusive( and no longer; and that Twenty-five Pounds shall be aid for ever* general publican's licence that may

be issued, under t g e authority qeither a yearly

or quarterly meeting,

for

for thc sale of wine, ale, bccr, spirits; or other fermented liquors, ~icences-~wenty- five Pounda, Twelve

and Twelve Pounds for every such 1icc)nce for the sale of wine, ale, Pounds, and Pive

beell, and other malt liquors only, auJ Five Pounds for the sale of Pounds.

wine, spirits, and other fermented liquors, by storekeepers, in

quantities not less than one gdlon of spirits, or" one dozen bottles

of wine, or other fermented liquors, et a tinie, and provided that

no part thereof be consumed on the pr6niises of such storekeeper.

XTI. And also, That until the sum payable for a licence be paid Until paid, the party

to the Collector of the Iiiteruxl Kevenae, or such person as afbre- declared unlic.cnsed.

said, and the licence be actllally issued, the party entitled to such

licelice shall be deemed and cons id ere^, m1t.l is llercby declared un-

licensed, and in case the sum be not SO paid within two calendar ~f not paid within

montlls after the date of tlie certificate, such certificate and the ~ L; ' t; ' ~ ~; ; y J ~ ~ ~ f s '

thereby given shall be wholly void, and tlic licence shall

not be issued.

XIn. And also, That wlicli any +UCEI case of nonpayment of Non-payment to be advertised, under ra

licence-moncy as is meiltio~~ed in thd last preceding section shnll , ,& ,

arise, tlie ~oi lec tor of Internal Rcvenue shall came a notice thereof,

and dso full part,iculnrs of evcry l i ~ n c e, to bc inscrtecl ill the

Gouernrno,t Cazctle of the Province, /on t lx first, or, a t tlle latest,

on the second day of its publication afkr the samc shall have arisen or the liceiicc shall have been issued, under a penalty of not less

tlmi TWO POWZ~S nor more than Twenty Pounds for every cfcfi~ult.

?TITT. And also, That n meeting of Justices sllall be holdcn at Quartcrb mectinas to be held for cocsiclera-

Adelaide, on the second Noriday in tlic months of June, September, ,ion c,fnppiicntions

and Dcccmber, in the present and awry u t h r year, for the con- for transfers and new licences.

sideratiou of applications for gernlission to transfer or continue existing licences, a i ~ d of applicatiot~s ,for cestific:itcs of approval of licences being issued for new prcudses, n l k h n~eeting may be M&Y be adjourned

adj ~urnerl as the Justices fincl necessa~p, provided that the Justices a3 necessarys

80 assembled at such quarterly nleetihg shall not have power or

a ~ ~ t h o r i t ~ to rec~ive or considcr any application rejectcd at the l~rccedin~ nimnd nleetiog, or to gmnt any ccrtificn,te under this Act

for the llccnsing of m y per:3on or preii~ises it1 respcct of wl~iclz a certificate shnll lrave heell refitsed at sucll annual meeting, exccpt wLeu the Justices asse~ubled at such annual meeting sliall h a w given permission to the applicant to renew his applicatiou, or tu prefcr a new applicatiorl in respect of iicm or other premises a t such quarterly meeting.

XV. And also, That if a licenscrl per so^^ s l d l die, his fikrnily or Fnmib or repreren-

executors or adn~iriistrutors nmy 1;rwfully contiuue the business iiesnsed person tatire of a deceased

until the tlicn nest yi~arterly inccting of Justices, or if the death may euntinue the business until the

shall happen so as not to leave O ~ C cnlendar ~ l o u t h hetmeell that quarterly

went slid the day of sue11 meeting, until the next meeting Conditions.

but one after the death, providcd an approved mcmber of the family,

or an approved executor or adrnijlistr~tor, with two approved

sureties, a id w i t l h fmrteen days after the death, enter iuto s new

B

recoguizance

least, or the Resident

rized for that purpose as aforemid,

umstances, himself in One Hun-

nds, which recognizance

shall be imrnedi e proper Clerk to the Magis-

trates or other e Governor for that purpose, under such penalty as afore-

entered into, the family and orn all liability in respect of

e party as aforesaid; but if not so entered into. every sal4 or retailing shall, as from thc time of the death, be clecmed and $hereby declared an illicit act: Pro- vided alwaya, that permission @ continue such business under the original licence, and until the ehpiration thereof, may, upon appli- cation, be granted in the form harked Schedule F,, hereinafter in- serted, by the Justices, in their &arterly meeting to any approved person, he with two approved s e t i e s entering into such recogni- zance before two Justices at the least, as was entered into by the

sureties, $hich recognizance shall be irume- re@stere& and kept as aforesaid, but if such

tained at thg first or, as the case may be, second xt after the:death of the original holder, or if recognimilcc$ be not entered into before the

ned, such originhl license shall thereupon be wholly

r

XVI. And also, That if a lice&ed person shall wish to transfer his licence to any other person, ik shall be lawful for the Justices, in their quarterly meeting, to certify as in Schedule F, hereinafter inserted, in favor of' such transfer* the nominee producing the like certificate, and together with t@o approved sureties, previously entering into the like reeognizande as the party originally liceuseb produced and entered into, or if likensed prerniub shall be dencrted

or unoccu ied, either wholly or &an inn or public house for a calen-

dar mon& it shall be lawful fof the Justices in their quarterly meeting to certify in the form ptescribed by Schedule C, alter6d

agreeably to the existing eircu~sttlnees. in favor of' any other

approved person receiving a new Pcence for the same premises, he

producing the like certificate, and together with two approved sure- ties previously entering into the like recognizances as are required from persons procuring licences ipplicable to new houses (which

ay WWY in h ~ ~ r	reeognizances respectively shall be immediately forwarded and re-
gistemd and kept as aforesaid: ' Provided always that for the

" new licence.

purpoBe8 referred to by this an the last preceding section, three d	approved aureties may be taken in the penalty of Fifty Pounds each,
for any applicmt prevented giving personal attendance by sickness
or other dowed causea.

0

XVII. And also, That for proc&ing through a quarterly meet-

ing new licences, or permission to eontinue business undcr original

licences, afi before mentioned, the applicants respectively ehall

deliver

deliver to the Resident Magistrata, or Clerk to the Magistates, of

the district wherein the p~ernises m@ be situated, or to such person

to be appointed as aforesaid, fourken days before the quarterly

meeting, such notice and householders' certificate, and in the same

forms, as far as circuinstnnces will permit, as are required from applicants to the Justices at their annual meeting;, and that the

same notice shall be given by thwe who may deslre to transfer

their licences, accompanied by silrdar certificates from t4hree known

llousekeepers in favor of the nominees.

person appointed as aforesaid, shall cmwe full particulars of every continue business XVITI. And also, that the Clrrk to the Magistraies, or other ~~~J?'?;;~

approval of a transfer, and of every permission im eontiaae business ~ n ~ ~ ~ ~ ~ ~ ~ ~ ~ $

under an original licence to be inserted in thc Govcmment Gazette,

on the first, or a t the latest, on the second day of its pnhlication

after such approval or permission &ay Inc given, or forfeit and pay a penalty of not less than Two P ~ u n d s nor more than Twenty Pounds for every default.

XIX. And also, That if any licensed person shall be desirous of Business may be removed to other

removing his business to any other 6uitable and convenient premises ,re,i, if nppmved

in the same district, and sh l l, behre removing, procure a written of hr tile h b i s t r a t e

approval and authority from the Resident Jiagistrate of such of the district.

district, or sucb otlier person to be appointetl as aforesaid for that purpose, then, bat not otherwise, it shdl be Zawful for the said licensed person to remove accordingly, anything to the contrary uotwitlistanding.

X X. And also, That all liquors sold and retailed under the Livers to be delivered in imperial

authority of this Act, including such as may be sold elsewhere, as ,a,,,e,,

on

hereinafter provided for, from and includin half a pint, shall be ?cnlalld r e m e m ~ t - a ~f not removed before

nzcasured and delivered according tQ t l ~ Eng11sl.l imperial measures, demand.

and shall, upon demand of the party receiving lllo same, be re- measured for his satisfaction in the same house or other place, ancl in the measures, or any otlier imperial measures that he may pro-	cure, but not if the liquors haxe been taken to any other room of
or wholly from the licensed house, or shall have been partly con-
sumed before a renlcasureineilt has been demanded, and on f a1 'l ure to measure or remeasure as aforesaid, the licensed person shall for every offence forfeit and pay a penalty of not less than Five Shil- lings nor more than Fivc ~ o u a d s.

XXI. And also, That every person having a publican's general Narnos to be kept up

"ghted

licence shall keep his name at lenpth and the words " Dealer in lamps.

Wines and Spirits," legibly painted m letters not less than three inches in length, on some conspicuous part of the front of his licensed house, and also have R. lamp containing at least two bur- ners and opening at the top, fixed in front of such house, and either opposite to or over the principal or entrance door thereof, and a t a distance of not less than seven nor more than ten feet from the ground, and keep the same well cleaned, and trimmed, and lighted,

and

a d Itlight fram sun~let	throughout the year, under
penalty of not less than	ngs, nor more than Teu Pounds

for every offence, unless	licensed person shall prove such
failure to have been invo

XXII. And be it fur ted,? That whenever the Justices

shall approve of s tap taproom, being kept

as specified in any noti of the person proposed

m the manager or superifit emorandurn in writing

of such approval shall be a t the h o t of the certificate which

may be granted the appl for a licence, in which casc only

it &all be lawful for the Ucensccl person to keep the same and

aell therein: Provided alwBYs, that every suclr tap or taproom, or tap and taproom, shall, d u A g the term of the licence, be in fact managed and superintended by mch approved manager or superin- tendent, or by some other rnbnager or superinteudent opprored of

by two or more Justices at R bccting 10 be aonvcncd for that special

purpose, by notice, a t the #equest aud expcilse of the applicant,

under the hand of the Clerk $0 the Magistrates, or other authorized person, inserted in two s$cceeding numbers of the Gouernmen t Gazette, stating the specifi4 object of the meeting: And if aliy liccnscd perm shall, without euch ap$robntion as aforesaid, keep or have any tap or taproom, @r tap and taprooa~, detached ikon1 his

bond j d e dwellinghouse, o$; in such house, but llaving any other

outer d o u thereto than the h p s e itself hath, or if any such tap or taproom, or tap and taproom; shall be in fact a t any time not wholly managed and superintended py the approvcd persou, tllcn and in either of such cases such liceased persou shall forfeit ancl nav fo r l J - - -

every such offence a penalty bf n i t less than Five Ponnds nor more

eroffence, than Fifty Pounds, or upon third or subsequent conviction shall,

at the discretion of and by tke convietiig Justice or Justices, be

deprived of his liccncc.	i.
i

witten account thereof a t the said

wards, shall by the same or any twq Justices be condemned and which m t o b e

forfeited, and from whose adjndicatioi~ there shall be no appeal, and condemned and add.

Soon as convenient after condetnna$ion s M l be sold, and the net poceeds thereof applied to the use pf Her Mnjcsty solely if the liquors slmll Imve beer1 fourlci by s JUstice aitlibut information or assistance, otherwise half of such proceeds shall be to the use of

er Majesty ancl the other half to t k use of such person as mity

llave illformed thereof, and the licensed pclxtru sllnll in addition

forkit and pay for s ~ c l l offence to tlle,use of IIer &tajestty a l l e ~ d t y Penalty in addition.

of mt less tllcm Ten Shillings nor mow f h 1 Ten Pounds.

XXIV. And also, That if m y licer~sed person being ,211 inn- Travellcrsandcorpsee

keeper shall, without lnmfd excosc, rcfmse to receive aud provide und,,ra	nut to be refr~scd,
for n trnvellm and his horsc, or n trnficllcr without a horse, or the horse of n traveller not becoming a guest at the liouse, or slldl refuse to receive nuy corpse which mny be brongl~t to his public

house for tlle l~mposa of it Coroner's inqnest being hcld thereon,

such liccilsecl person s l d l for every ;~ucll ofl-bncc forfeit and pay a

penalty of not lens than One Pound nor mow than Twenty I'uuiids.

XXV. And also, That no bomi fidd prqwrty of' any traveller or Strangers' goods not to be li.tble to the rent

iuinatc of any i m, 01- of :my person *ho may ilavc entrusted such of lice,,a h,,s,.

traveller or inmate therewith, and l&g in o r 011 surh inir or any

part tl~er eof, or in or on nuy place used or occupied t l w e ~ ~ i t l ~ film11

be distrairxtl or seized for or in lbespect ~f the rent of sucli inn or place, a d if' such property shall bc so ~listruiucd or scizrcl, it s l d l be 1awfkl for any Kesicknt ilhgistrate or two Jzw tices of thc peace Jnstiscs may order

to irquira into any con~plaint made in respcct of suck1 ~ ~ i z u r e or restoration of goods.

c!istrvss, in a sumlm~l*y n~naner, ,znd t u order sucll property to be

restored, A I to :LW:ZI'~ ~ reasollable costs, and such costs to levy % b y And awctritcosts. .

clistress ancl sale of the goods or eEbc.ts of the persou or ~ ? C T S O ~ S SO

clistraining or seizing as aforesaid, but nothing hcrcirl cont::ind, h l l

extend to deprive liccnscd prrsona of dicir heir on my such property 1 ' ~ b l i ~ a n ~ ' lien on the property for demmds

for their own l ~ ~ ~ f u l demands, proviJed t h y have prcrionily de- .,,,, , , , , ,,,.

livered to the persons indcbtud to tlmm an nccon~at iu writing of ,,

soeh demands, specif'ioi? by items t110 plain 1xwticul:n.s tl!el-eof as

to dates, artides, quantities? and sums, mid sue11 dermnd sl~nll lnve

arisen at the licensed, gremlscs, aid io tile ordinary course of the

busilless thereof.

XXVI. Aud nlao, That no licensed person shall nlaiutain an Debts for wine or

action fbr, or recover any debt or dP111211d fhr or on account of .n~~,~ur~nen~g spints ntrt recoverable,

liquors, unless mleh debt shall have been b o r ~ l ~ f i d e ccotmctcd at one "illingh at time.

time to the amount of Twenty Sldlings or upwards, llor sllnll any item in an account for liquors be nllowcd where the quantity bond $de delivered a t one time shall not amount to Twenty Shillings, not- withst:mding such debt or demand, or any itcm, may have been

secured or aarceil to be J J ~ except a written order for the same Althongh agreed to ,

shall be produced and satisfiwtorily proved to have been f'rcely given previous be paid, except under

by the maker thereof before the liauor was dclivercd. or it be clearlu orders.

shown that the debtor was then rbsident in ihe 1ice;wd house, or &

C the

XXVXT, And also, any licensed person shall take or

"g receive in payment, or liquor or entertainmen	ge in barter or exchange, for any
in or from the licensed house, any-

thing except coin corn ent, or the note or notes of some

known bank or banke	e v e or order on some known bank
or banker, he shall for	pay for every such offence a penalty

of not less than Ten P	more than Fifty Pounds; and in
case of a third or sub	nviction for a like offcncc, such

licensed person shall, convicting Eesident &Ixgistrate or

ve Justices, be deprived o nce: Provided alwalys, That nothing

,, herein contained shall licensed person from receiving

in payment from kno ders any live stock, wool, grah,

or other farm produce.	v
f

XXVPIT. And also, no person whatever sliall, after the

passing of this Act, und	pretence, directly or indirectly sell,
barter, exchange, reta	ve or permit to be sold, bartered,
exchangecl, wtailcd, or	ny liquor to an aboriginal native of
this Province, under a	f' llot less than One Pound or more

than Ten Pounds fo	d every such off'cncc: Providcd
always, that nothing	tained shall be taken to extencl to

ot to	any liquor administer ine by or under the directions of any duly qualified medical ?practitioner: And also, that no person whose licenscd house may %e in Adelaide, or auy other town or vil-
lage within the Province, sball directly or indirectly have or keep
any retail store or shop oh account of himself, or of any other person, which shall by do04 window, or in any other manner, in- ternally comanicate, or :admit of a cornrnunicxtion with the licensed house or any allox&d tap or taproom detached therefronl, or which shall communicatei or admit of comrnunicatiorl with such licensed house or tap or tapfoom externally, save by n separate pub-
lic outer door or entrance th$reto, under a penalty of not morc than

-

Five Pounds for every day during wMch such store or shop s l d l be

kept as aforesaid,	i
. +

Persons, who have XXIX. And also, That if a licensed person shall employ or per-

fddted or been re-

fused liceness, not t~ mit any person heretofore lilensed, but who may have forfeited or

m ~ l ~ a a m been deprived of his licenc$ by adjudication in or out of Quarter

manwra, &c,

Session. or who from misooAduct or bad character may have been

~1 overseer or a

i

pounds, and if subsequently convict& of retaining the same person ;,l thc like capacity, shnll be deprived by the convictiug Resident Magistrate or Justices of his own lic$mce.

XXX. And also, That if a licerxed person sl~all admit any	to share profits with
Licensed pcrsons not

tunlicensed person as or to bc his pwtner, or directly or illdirectly	or entrust manage-
an unlicensed persou to participate in the profits of his licensed house or tap or taproom, or clirectly or indirectly agree	unlicensed cr nnau- meut of house to
thurized person.

wit11 any such uillice~ised person to kt llin~ have any interest what-

ever in such house or tap or tnpr~om, or the profits tliereof, or

shall reimunerntc or sufkr llim to be reir~unerated for, or shnll in

any maimer agree that he s11nll be ~wnuiieratecl for any services, or

on any account, in. propo~tion to the profits of such house or tap

and tnprooin, or of the ~j~iantity of .liquors sold or retailecl 011 or from tlle lwuse or tap or taproom, or shall ahnadon the occupation

of such licensed house as his place of' residence, and permit any

unauthorized person mhatlever to nlanage, ~upe~ i i~ t eud, or conduct the Fusinesa of suclr llouse, or whetl~er residing in such house or

not, shall pernli t a11 v unlicensed or unautllorizcct persoil to appcar

to the public as, or to bccoll~c v i r t ~ d l y or in effect the keeper of the house, tlreu, a i d in ally or either of' the said cases, upon proof of the fact to the satisfaction of aqy Kesident Magistrate or two Justices of the pence, tlrc liccncr 06 thc saiue honsc for the ti~em

current gem shall becomc and be nkolntcly void, or at the discrc- tion of the convictiig Ecsidcnt IIsgistrnte or Justices, s u d ~ liceilsed person s l d l f'orfcit ancl pay for such offence ;L peiidty of not less than Five Pounds nor more tllsi~ Oqe Hundred Pounds.

XXXI. And also, That if m y limnsed person shall not keep the outer door of l& liceused housc, or of his separate tap or taproom,	and houses to be Outer doors of taps-
closed on the Lord's l h y, except for spe-
in any part of the Province, closed QB the l~ord's Day, except h n i	cified purposes at

half past one to three of the docl< in t l ~ e day, and then open only certain hours.

for the pnrpose of serving ~ m l t liquor to or for regular customers, not drinking it on the preluises but immediately taking the same amy, a id except for tlie purpose 4 receiving bond j d e travellers

calling for refreslluent oil their journey, or renlainiug at the home

during the day or the night thereoff and not tippling or drinking

therein, he sllall for every such offence forfeit and pay n. penalty of

not less than Five Pouncls nor more $ban Fifty Pounds.

XXXII. And also, That if any licensed person shall not clear his taproom, and close the outer door tliereo-f, and mercy other outer

Thps to be cleared!

and outw doors

closed at ten in t h e

door of his licensed premises a t ten of the clock in the eveniuq of	cvcnicg of working.
all working days, he shall for such offeuce forfeit and pay a pen&y	day S.
of not less tlian Two Pounds nor more tlim Twenty Pounds..
XXXIII. And also, That it shall be lawful for every Justibe of the Peace, and also for the Superiutendent or any other officer of	Power for Jiwtices,
&C., to enter licensed
premises.
Police, either alonc or attended by other officers or constables, upon. demand to enter all licensed premises, at any hour by day or by night,
alld if admittance be rehsed or wilfully delayed, the licence of such	If admittance be re..
fused or wilfnlly"

premises neglected.

mises &all, upon eonvic such affence before any Resident

f$ q&tmte, or two Justices Peace, be by him or them dcclared

f~rfeited, and thereupon su	ce shall be void, or at the discre-
tion of such Resident kfag	r Justices the parties so offending

shrill forfeit md pay a penalty $. sum of not less than Five Pounds	"2
nor more than Fifty Pounds.	J.

respect, commit a breach of; or ';an oflencc against the condition of XXXIV. And dso, That $ a licensed person, shall, in ally

his recognizance, Le s l d, for &ery such offmce, forfeit nlld pay thc penalties hereinafter mentqned, that is to say-for t l ~ e first offence not less than Five Sliilli$gs nor nwre thsn Five Pounds, far the second offence not less t h n a e n Shillillgs nor more than Ten Pounds, and for the third or sn$seqneut oRcnce not less than One

Pound nor more than Twenty I$nnds. 4

XXXV. And also, That fat the purposes of this Act every public notice appearing in the dnuemment Gazette, and having the siqnature of m y pllblic officer tbereto affixed, shall be deemed and tabn to be in all judicial proeeeaings whatever, without otllcr proof or production only of wcli Gaz&ft:, conclusive evidence (unless rc- butted by a lcgnlly proved ne&$ive) of rcco~nizances having heell entered into by, and of licences &wing beeu issued to, the persons

named in m y official notificatio~~i~.~scrted iu such CozeUe as hsvi11~

had retail liecnees issued to iiim'or tliem, and tliet the said rccogni-

zances ancl licences were in the fdrms prescribed by this Act.

XXXVI. And also, That if hny original rccoguiznnce entered into under this Act, arid filed by the Cler% to the Magistrates or other person &ppointed for that +~u.posc as aforesaid, shall, at any

time be called for, or bc deemed hecessnn. by any Court or Justice,

the production only of such reeogoiznncc by such clcrk or person, or n copy thcrsof certified by either of them as a true copy, and transnlitted to the Clerk of mclr Court or hlagistrates, or .lusticos, and the production thereof accordingly by the person in possession thereof, shall, without proof as to w1m.c the original or certified copy

abutted.

came from, or any other proof wlratever, be deenled conclusive

evidence, unless rebutted as aforesaid, of the wcogniznnce hwing been duly entered into by the several persons named therein.

XXXVII. And also, Tlmt in all proceedings against any person

for retailing or permitting liquors to be retailed witbout a l ice~lc~,

such person slrall for dl purposes connected with those procee;lings

be deemed uuliccnsed, unless he shall at the hearing of the case

produce his licence to the Resickat Magistrate or Justices, or other

satisfactory proof of his being licensed.

XXXVIII. And dso, That if any unlicensed person, being B dealer in other things by retail, shsll give away or deliver any such liguors to any person coming or sending to his house for other thmgs, under the pretence of such person being a customer, or under any other pretence whatever, or shall sell or deliver any such

liquors

t

13 I

liqttora i l l n quantity eqonl to or morq than fire gallon.;, wkh an

ulldcrstnndirig that pttrt thereof sI1al1 Xlde returued, and the qunntitv so sold or delivrred after deducting khe p u t turned or to & returned shall tllen be under five gallqus, such nnlicenserl person s!lnll be cle'cnml n rc?tailer of the liqu:)~ so give11 away or sold, or dclivcred, ailcl shall bc liable as f'or ,solling the same hy rctail

a licence.

XL. And also, That uuon iufiwmn,tion in wr;ting and on oath Uuliccnw1 ~xmsec.i.

beinp made before any Jnstice of the Palcc, hp my co~lstable or wherein 11qr[ors 11rr suspected to be t P -

r:rcd~txl~le person, that hc sl~spccts and believes that any such liquor tailed, Irr~tY be

s'""h""~ cotl.;ti~bles to enter and sc:wcll such house or 1)lace by day or by

or liquors is or are lrahitnally sold or rebiled in ss therein described

unlicensed llouse or place, a i d such constnhle or other person shall

in such i11forrn:ttion set f i r t h and show i.ensoii,zble grrrsarkls Sou such

helief ant1 sl~spicion, then it slmll be lawful for such or any other

night, which said constable or constables may bre& ophn the door-8

if not ope~led withiu a reason:tblc time after dcmaald, :zud seize all

such liquors ns he or they slrall find there, and also the vt:ssel or

vcsscls containing the same, and detaia what nmy have been so seized, until the owner thereof ~11x11 appear bef'orc n Resident Magistrate or two Justices to claini sn+ liquor, and shall satisfy such Magistrate or Justices how or &r what purpose lle came po'imsssed of the s:tme, nud if it sbdl npljear to the said Nagistrate or Justices, after due examination, that S U C ~ liquor was ill the said house or place for the purpose of being illegally disposed of by

condemned, and the same slinll be fortitwith sold, a d one half of Liquors found may he

retail, then such Mngistratc or Justices shall adjudge the same to be

the net proceeds tlrercof paid to the use of Her Majesty, and the co~idcqned and SUM.

other half to the party ioformiog, otlierwise the property so seized

shall be restored to the owner thereof.

XLT. And also, That if the keeper or any other oficer of or Keepera, & c, O E E ~ O ~ S or other places of coc-

belonging to any building used as a gaol, llouse of correction, f , . , , . , , , i not sea

penitentiary, or watchhouse, shall lend or j v e away, or knowingly wioeor~~iritsthcrein.

suffer any wine or spirituous liquors to be ;old, used, lent, or given

away, or to be brought into any such building, except the same

shall have been prescribed in writing by the uwdical officer attend-

ing such gaol, house of correctiou, penitentiary, or watchhouse, as

aforesaid, such keeper or officer shall forfeit and pay a pendty of

uot less than Five Pounds nor more than, One Hundred Pounds.

I) XLII. And

C

XLII. And also, That any person shall take, or e~dewvor to

take or pass liquors into h buildings as n~entioned in the last

.- preceding section, except same shall have been prescribed as

aforesaid, the keeper, or	of his officers, or any constable, either
alone or with the assists	f any other person, is arrd"are hereby
authorized and empow	mmediately to apprehend and carry
evcry such ofi!nder be	v Kesident Magistrate or two Ju~t ices

of the Peace, who shnll an4 &ay without any written infornmation exhibited for that purpose, $]ear and determine such offence in .a s u m m q why, and if by th t oath of one credible witness, or other- wise, such person or persoqb: shall be convicted of such offence, he shall forfeit and pay for evefy such offeuce a penalty of not less than Ten Pounds nor more th* Fifty Pounds: Provided always, that nothing bereinhefore contilibed shall extend to or affect any keeper or deputy keeper in respkt of liquors brought into any such building, ana kept there foethe use and con~umption of, and which shall in fact he used and cobsumed by such kecper or dcputy keeper

at his own residence witllinkhe said building, nor shall it be taken

to extend to the i~t~roduetibn of the ration of spirits issued for the use of the guard station& within such gaol, houfie of correctioo, petlitentinry, or wntchhotrse ..as aforesaid.

",

Upon information, XtfII. And also, That on inforniation upon oath by any

~ d k, %C, RiBy

naiohed fctr SIC^	credible pernon, that he l{no;m, or suspects, and believ& tllit
Iirpra.	liquors are illegally kept or $isposed of in ar~y such buildins, and shall set forth reasonable grannds for such belief and slxspiciou, any Justice of the Pcacc may personally search for, and seize and detain, or by wasrmt authorize the Superintendent or otl~er officer. of Police to search for, and8 seize and detain, all sueh licyuor.s as shall he found therein, and to bring the same before any Resident Magistrate or two Justices, $nd if it shnll appear to him or then1 after due examitlatiorr that such liquors were illegally taken or. kept there for the purpose of being sold or disposed of; then such
Lhnorb ff unril
cul~tlemned and bold.	Magistrate or ,Justices shall adjudge the mid liquors to bc? con-
demned, ancl tlrie stme shall be forthwit11 sold, :znd m e half of' t>he
net p~oceeds tl~rreof psid to the use of Hcr Majestv, ancl the other
half to the pnrty informing, otherwise sueh liquors ;hall be restored
to the owuers thereof.
A copy of the Inet

tour srctirtna tu be &T,IV. And also, l'11at the kecpcr of cvcry such builtlil~g r~11a11

hnng up in each gad, cause the last four preceding sections to be printed or fairly written C%(..

and af33xed to oire of the nlo& public parts of t81je insidv ot t l ~ e said building, and keep the same fair and legible under n lwr in I t r of Forty Shillings.

Justices at their XLV, And also, That for the prevention of unnecessary pro- secutions under this Act, it shall be lawful fbr every Kesident Bihpistrate or Justice of the Peace respectively, at thcir discretion, on the hearing of the cornIj;-3nint or inforrustion, to dismiss such

ahsrretic~u	ctisrr~iss
rwnrplnints.

1 ) i m i i ~ e n I R bar to ail	complaint or infornlntion, which dismissal shall be a bar to arly
~t her proceedir~gc.	other proceeding whatever against the same person for the same

matter,

matter, and may he pleaded and shown accordingly, anything to the

corltrnry notwithstanding.

punisl~able under this Act shall be in the form marked Schedule G, XLVI. And also, That all informations in respect of offences ~ t ( ~ ~ ~ ~; ; e ~ u ~ $

hereinafter inserted, or as near thereto as the particular case or its cir turusta~~ce~ will admit, and every Resident Magistrate or Justice adjudicating and convicting in cases against licensed or unlicensed persons shall, as soon as conveniently may be, draw up records of Records of conviction in form of Schedule

his or their convictions, whetller such convictions are appealed from a and stating therein anything more than &all be necessary to show that an off'ence against the spirit and true intent and meaning of this Act was committed by the party convicted, and to specify with certainty the particular offence, and showing and specifying the same accordingly, and no convictjon whatever shall be quashed for U ". ally mere literal or clerical omissions, errors, or mistakes whatever

or not, in the form marked Sc'hedula H, also hereinafter inserted, or

as near thereto or to the eff'ect thereof as the particular case or its

circun~stances will admit, and every record of conviction so drawn

up shall, when signed and sealed by the convicting Magistrate or

in 'the record, not affecting the substantial merits and justice of the

case, to d i c h alone regard shall be had.

descriptions of all witnesses examined before the convicting Resi- informant or defen- XLVII. And also, That a list of the names, residences, and t$,";f:!g~~~~~

dent Magistrate or Justices, either for the informant or the de- ~~~'~~&$~~~$

fhdant. shall be endorfiecl, on the record of conviction, and certified on the recorC ofcon-

its a true list by the convicting Mngistrate or ~ustices'in every case, ~ ~ $ ~ ~ d t ~ ~ . $ ~ ~ ~

whether appealed frcru or not, and every record of' conviction so the Magistrates;

endorsed bhall be sent by tile convictkg Magistrate or Justices

to the Clerk to the Magistrates or other person to be appointed

35 aforesaid, and acting fbr the district or place within wliicll the oreuce described in such record was committed, and so as to be received by such Clerk in person one week before the first day

of the then next General Quarter Session of the Peace for tL

said district or place, which Clerk or authorized person shall, on the Who is to registerthe	receipt thereof register the oRence in a book to be kept fbr that oEence,
-l)urposc: only, aud exec~lting	an alphabetical index of its contents,

and then file and keep the record among the records of the Session, And file the record w ~ t h the records of

under n penalty of' rlot less than Two Pounds nor more than Twenty th, a,,;,,.

I'ounds.

SLVIII. And also, That if any person shall feel aggrieved by A~~enla l lo~ved.

any conviction under this Act, he shall be entitled to appeal there- from, in the manner in such behalf provided in and by the Port Requlation Act, No. 3, passed in the first year of Her preverlt

hf<er;ty, and that no conviction under this Act, ox any adjudica-

tion made on rtppral tllerefrom, shall be quashed for want of fornu, m- be removed by wit c e ~ t i o ~ n r i ' or otherwise into the Supreme Court, and no warrant or conviction shall be held void by reason of

any

g

Evldence given on	XLIX.	And also, That id cases of convictions appeded from by
hearing of information

I n r o ~ ~ ~ ~ o ~ ~ p p l. d liceaged or unlicensed pers*s, true copies of the or ig ids of the

~ ~ evidence given on the hearigg of comybints or informztioni, and ~ ~ ~ $ ~ \ ~ ~ ~

aim. certified as such by the conticting Resident Magistrate or Justices, shall be sent by him or the* to the Chairman of the Magistriltcs before the first day of the Sssions.

L. And also, That no oth& person shall be received ss a witness

on the hearing of appeals from convictions as aforesaid than was

- originally examined ou each bide by the convicting Resident Magis-

trate or Justices, nor shall @y other person be cxamined in eases

sent for inquiry and adjudication in Session as hereinbcforc meo-

timed t%hao w.43 included iq the Magistrates' or Justices' certified

l i t endormd on the complaiats or informations.

LI. And also, That every proceeding under this Act against

licensed or unlicensed persona for omissions, defaults, neglects, acts,

or offences, to which forfeitutes or other penalties attach, shall be

heard and determined i n a iurnmrtry way by any Resident Magis- trate or two Justices, and in ivery case of convictiou the party con- victed may, if dissatisfied ther$with, appeal therefrom in the manner hereinafter expressed.

&ion of pend- LII. And also, That one half of every pecuniary penalty imposed

by this Act shall (except where otherwise directed) be paid to the

use of Her Majesty, and the other moiety to the use of the corn- plainant or informant, over and above any costs or charges t o which he may he entitled: Provided always that all such fiuks, penalties, and firfeitures whatever mav: be rcmitted wholly or in part, and either with or without condidens, by the Governor or oficcr for tho time being lawfully yadministe~ng the Government, if he s l d l see

resson to extend such clemency to the persou offendiug.

Aotiau, &C., not to LIII. And also, That no a d o n a t law or suit in equity shall be commenced by any person sga$ost any Resident Magistrate, Justice,

h brought against

, , p ,

o @ - ~ u n t i ~ aourit~ constable, or other ofticer, on iccount of anything done by him, or

b*yen under his orders or directionsi in the discharge of his duty under

within three cabndar u n l ~ b r ~ n & t this Act, unless the plaintiff or complainant shall commence tho

monthg action or suit within three calendar months next after the alleged

~ &, d ~ i ~ ~ ~ ~ - cmBe thereof shall have arisen: Provided always, that nothing

tice8 of legal ~ b t	* herein contained shall deprive 'any Justice of the Peace of his legal
notice of setion.

right to notice of action.

LW. And also, that no comietion shall be had under this Act

in my ease happening more &an three mouths from the time of

filing the information or CO

LV. And

L

3 8

1 7

LV. And also, That it shall be lawf~d'for any Court of Quarter hearing Sessionmay or giving adjourn

Sessions to adjourn at discretion the hea'eing of any appeal, or corn- jUagmot in 4 cases.

or information, or the adjudicating or giving judgment tbercin, to auy other day of such S e ~ i o n, or to the then next quarter for holding the said Scssion: And it is llcreby declared, that the entering into a bond to prosecute and appeal shall not deprive A~~edtls~mnst bc cn-

tercd with the Clerk

the respondent, of his right to have the conviction afir~ned in ease MagiatrutCB

tile apl~ellant shall have omittcd to eqter his appeal, and that no before the opening of

shall be heard if the appellant ~l ial l have omitted to enter the Court.

the same with the Clerk to the &fagist$ates before the first day of

the Session, or a t least before the, opening of the Court on that day,

cscept the respondent and appellant conscut thereto in open Court, conrictions will bo

I atlimed.

in case the appeal may be heard a d determined. I

LVI. And also, That all moneys thak may be received for licence8 Application of licence

or for penalties, excepting moieties of tlmasamc assigned to informers ;;;pO;g;z; and

by tllis AA, or as fees under and by virMe of' this Act, shall be, and rc...

hereby reserved to IIer Majesty, IIcr heirs and successors, for

1 tlie public uses of this Province, and the support of the G o v e m e n t

*	hereof.
t

LVII. And also, That throughout this Act, every word in the Explanation of terma

rluuiber shall mean equally thd plui-al, and vice vernal and U S C ~.

e v e v word importing the maseulinc &der s11all extend rc~ually to

t l~e feminine, the word 'Lliquors " shall include wines, spirits, and

t11c several otlier liquors mentioned in the first Section of tllis Act,

l	and the term " Governor " shall be deemed to mean the officer for
i	tlic time being lawfully adininistering the Government.

i GEORGE GAWLER.

Passed the Council this Twenty-first day of February, One

Thousand Eight IIunclrcd and Thirty-nine.

QEORGE HALL,

Clerk of Council.

THE BEbedlJe~i &fore be altered so as to apply

to any case	by the foregoing
Act and according to the

F- if Notice of $pplicatiun for a Licence. I

NOTE.--ff the awlicant 6e U license$ person seeking for U renewal of the same

Ecmm fm the a a m premises, and withbut alteration as to tap or manager, the notice

ia ts be m, n d to those points, und no ce&jcute will be necesscmy.

To the Worshipful the Justice the Peace acting in and for the Province of

South Australia-

I, A. B., of [hem state the residence trade or calling] do hereby give notice,

that it is my intention to apply at the r&xt meeting of Justices to he holden in and for the District of : in this behalf, for a certificate approving of my receiving a licence to sell ale, biter, and other malt liquors, and wine, cider, @@r beer, spruce beer, brandy, gin, @urn, whisky, cordials, and othcr spirituous

or fermented liquors in the house and ~ r e h i s e s	situdte in
street at	and which I intend to keep as an inn
or public house.

I beg to propose C.D., of [residence, $rude, or calZing] and E.F. [residence, trade,

or caWtng] as my sureties.

Dated this One Thousand Eight

Hundred and

A.B.

If the applicant desires to keq cr hp or taproom separate fiom the house o r

having a separate outer door add as follows :-

And I am desirous of receiving the Justices' approval of my keeping a h p Car

a tap and taproom" OP a taproom,'' as t& case may be] about

from the house and detached therefrom [orZ*y the case requires it " cf my keeping a

tap," o r tap and taproom," OT a " taproot& " it^ the house, but with a Separate outer door thereto] and of G. H. [residence, trade, o r culling] being permitted to have the personal management and superintendence %hereof.

A.B.

Fwm of Housekeepers' Cert@cate as to the Applicant.

We, the undersigned housekeepers, do hezeby certify that. the applicant, A.B., is

well known to us, and that he is of sober life and habits, and of good fame and reputation, fit to bo entrusted with a licence to keep an inn or public-house, and able to manage the same.

Dated this day of

One Thouaand %ght Hundred and

I.J., of Here insert place of residence,

K.L., of and add to it trade o r

M.N., of calling.

v

If a separate tap or taproom is repuin 1, add as foZ2ou)s :-

We, &C., [as ilz theforeyoir~g] do hereby ceetify that G.H. [here ir~sert place of residence, trade, or calling] is well known to US, &C., [as in the preceding] fit and able

to managc either a tap or a taproom, and both.

Dated this day of

One Thousand Eight Hundred and

O.P., of Here insert place of residence,

&.R., of und add to it trade or

S.T., i c ' d b ~ g.

I, A.B., of [hers state wsidence, trade, or cdiny] do hereby give notice, that i t Form of notice of application for a

is my intention to apply at the next meeting of Justices, to be holden in this behalf, Storckeeper,s licence,

for 3 cortificrttc approving of my receiving a sbrekecper's licence to sell ale, beer,

and other malt liqnors, and winc, cider, ginger beer, spruce leer, brandy, gin, rum,

&isky, cordials, and other spirituous or fcrlnented liquors, in the house and premises

situated in	street, and
&ich I intend to keep as a store or shop.

Dated this day of

One Thousand Eight ITundred and

Farm of Housekeepers' CcrtiJicaie be added fo the above.

We, the undersigned householders, do hereby certify that the applicant, A.B., is Form of IIousc-

well known to us, and that he is of sober life and habit,s, and of good fame and keepers' cert5cate to

reputation. be added to the above

rc n

W. U.

E.F.	Signature of three
Q.H.	huu~eholders.

SCHEDULE R.

Be it remembered, that on this day of Form of recognizance

18 A.B. [here insert resid~nce, and trude o r calli/~g], to be entered into by

C.1). ClLere i71sert resitler~ce, arcd &-a& or cnll ir~q], and E.F. [here insert residence, 1icenseJ persom and

h d e, or callDuJ] came personally before us, U.H. and I.J., Esquires, two of Her ~ ~ ~ ~ ~ ~ ~ i ~ ~ ~ $ ;

hT.ajestfs Justices of the l'eace in and for the Province of South Australia, arid ~ 1, ~ 1;,,,,,

aclrnowledged themselves to owe to our Sowreign Lady the Queen as follows, that to be granted).

is to say--the said A.B. the sum of One Hunclrcd Pounds, and the said C.D. and

E.F. the sum of Fifty Pounds each, of lawful moncy of Great Britain, to be levied

on their goods and chattels, lands and tenements, to the use of our said Lady the

Queen, Her heirs and successors, by way of recognizance in case default shhl be made in any or either of the conditions of snch recognizance, the conditions of which recognizance are, that if the said A.B., who shall receive a licence to keep

an inn or p b l i c housc in street, a t

by the name or sign of and to sell

and retail thelein, ale, beer, and other malt liquors, and wines, cider, ginger beer,

Bpruce beer, brandy, gin, rum, whisky, cordials, and other spirituous or fermented liquors, to the 25th day of March, in the year next ensuing, inclusive, and do and s l d l

nd proviuion, containcd in the Act of Coun- retail of liquors, and to preserve good order

sell none other than good and wholesome liquors, adulterating the same, and not introduce or permit

, or any other disorclcr or disturbance, on

runk in his said housc, or knowingly permit r to remain when drunk in or on thc sarnc,

the same without immediately removing him

, affray, tumult, nuisance, annognnce, or dis-

turbance to tak

or on the said house or premise^, but on the

such housc and premises, and the business

ntain and preserve good order and rulc

therein on all occasions, then $uch recognizance shall he void, otherwise the same

shall continue in full force. 3

I Taken &d acknowledged before us,

U.H.

J.S.

Form of Justices' Certgcate c89cthwizing Licences to he issued, to Be mu&>etl

according $0 the qatzcre of the Licence.

Form of Justices' We, A.B. and C.D., Esquires? two of Her Majesty's Juetices of thc Pcace in and

oertificate author iz i~ (~ for the Province of South Ansthlia, do hereby certify that at a gcncral mceting of

kxmc8 to be issued,

to be moditled ae- such Justices, holden at in the said Province, on the

day of for the

wTdin to the nature

of the kcence.	consideration of applications for aertificates of approval of persons receiving licences to keep inns or public houses, %F. [here insert residence, trade, or cnllin,y] applied for a certificate in his favor, and that the Justices assembled at such rnceting ucre satisfied that the said E.F. was a person of sober life and habits, and of good famc and reputation, and fit to receivqa licence to keep an inn or public house, and able to manage the same, and that sqch recognizance was this day taken from him and his sureties as is required by the Apt made and passed in that behalf': We, A.B. and
C.D. of the said assembled tJuutkes, do therefore hereby authorize the Collector of
Internal Revenue to is :ue a licewe to him, the said E.F., to keep an inn or public-
house, to be called situate in
street, at [OF if in the country, at 711
the district of 1 and to sell and retail therein ale, beer, and
other malt liquors, wine, cider, ginger bcer, spruce beer, brandy, gin, rum, whisky,
cordials, a ~ d other spirituous or fermented liquors, from the day on which the
licence money shall be paid to t h ~ said Collector to the 25th day of March, in the
year 18 inclusive.

Given under our hands at this

day of One Thousand Eight Hundred and

A.R. C.D.

To be added u)hclz neceesary as to p;re?nises nt the

foot of the foregeing certz$cute, acluptmg the language to the circumstances :-

Memorandwm-That the Justices assembled as above, approved of a tap or tap-

room [or, $C., as the case may he] b e b g kept by the said [applicant for licence] and

pf G.H., having the personal managment and superintendence thereof.

A.B.

C.D*

SCHEDULE

Whereas I have received a certificate ofltwo of the Justices of the Peace, asscm- Form of licence to be

bled at on $he day of altered according to

instant tor now post], authorizing me to issue the the nature of the licence, and according

liccncc: hcrcinafter contained, and having re eived pounds, being to the party granting

the sum payable in that bchalf, I do hereJ y license A.B. [Awe stafc the residenc~, the some. I

ntid i?adr or to keep an inn or publi$ house in street,

g in the cotin t y, k 1 and having the

nrmc or sign of and $0 sell and retail therein, ale, beer, and other malt liquors, and \tine, cider, g i n g r bccr, spruce beer, brandy, gin, rum, ~ h i s k r y, cordials, and other spiriluous or fcclmcnlcil liquors, jrom this date [If rnoncy picl p ~ r ~ i v w to trpl?.att c n r f jv~nzfk lircncr, tlkrc insert chic Jollczciny such

&fe o j f k ~ ~ r y i j a t k n ] 10 the 25th day of lfarch, in the ycar now and next ensuing,

inclusi~e, plmidcd it bc not forfeited Ijdcr$ S U C ~ day, and I dcclare that the money

p q a b l c for this lictnce a a s rccei~cd by mc gn ille day of the date hereof.

Ciivcn under my hands this day of

One Thou~and Eight Hundred and

: C.D., Collector of Internal Eevcnuc,

r or any other Officer.

il4errro~oadtrm.-The raid liernscd p e r ~ ~ ~ is allowed to kccg, &C., [fol?osjny i%c

(hrtz j~i ic, -n giwn (12 f l i p j o o f of the Jua{icrs7' clrt$rate], under the pcr,sonal manage.

rnent and supcrintcnclence of of

C.D. Collector of Internal Rcvcnue,

or any other Officer,

Form of ~z~stices' permission to continue &enc~s under tAe original Licences.

Whereas, at a quarterly meeting of Hcr Ma$esty's Justices of the Peace in and for Form of Justices'

the Province of South Australia, holden a t in the said Province, permission to continue

on h e day of the Jute hercof, A.B., of the kame place [h.adr c r rolling], applied !,!;g;	~~~~~
for peixnission to continue the business of C.$)., licensed victualler, deceased, under a licencc granted to him, agreeably to the ptovisione of an Act made and passcd

rrlating thcreto, and with sureties entercd intd the recognizance required by the said Act, and we, the Justices composing such ~uar te r ly mccting, having agreed that	such permission sliould be granted, do hereby accordingly grant permission for the
said A. B. to continue the business of the dweased under thc original licence, and
until the expiration thcreuf if not previously forfeited.

Given under our hands this day of

One Thousand Eight Hundred and

E.F.

G.H.

SCHEDULE, F.

Form of Justices' Cert~j7cate of dpproval of Transfer.

Whereas, a t a quarterly meeting of Her Majesty's Justices of the Peace in and for F , of J~~~~~~ ~

the Province of South Australia and its dependacies, holden at certificate of apprord

in the said Province, the day of t he date hereof, A.B., of of trader,

aforesaid,

F

E.F.

G.H.

cm,

rl

$CE~EDULE a.

South Aflstralia to Wit.-Be it ternembered that on this

.

and year first written above. EF.

or E.F.

G.H.