Licensing Act 1858 (SA)

ANNO VICES1310 SECUNDO

A.D.

No* 14.

An Act to further. alter and arnelld aa Ordiname i?tritulcd " An Act

to regulate the retail of Liquors, and to preserce good order A

Licensed Public Houses."

[Assented to, 24th December, 1858.1

HEREAS, by an Ordinance passed in the second year of the

W reign of Her present Majesty, intituled 'LAn Act to regu-

late the retail of Liquors, and to preserve good order in Licensed

Public Houses," provision is made for the issuing of licences for thc sale of wine, ale, beer, and other malt liquors only; and whereas it is expedient that so much of the said Ordinance as provides for the issue of the aforesaid licences should be repealed and such Ordinance should be amended in other particulars-Be it therefore Enacted, by thc Governor-in-Chief of the Province of South Australia, with the ad- vice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows :-

l. From and after the passing of this Act, so much of the said W ine and bcer L- cenccs abolished.

Ordinance as provides for the issue of licenccs for the sale of wine,

ale, beer, and other malt liquors only, shall be repealed.

2. If a holder of a general publican's licence die, become insol- Transfcr of liccnoe in

vent, or suffer his person or premises to be taken in execution under

cases preyided

any process issuing out of any court of competent judicature in the said Province, or become incapable of keeping an inn by rcason of sick- ness or other infirmity, or if he, or his executors, administrators, or assigns, or any person claiming under him or them s'nall remove from or yield up possession of the house licensed before the cxpira- tion of the licence, or if the occupier of a licensed houso, about to

E 2 quit

quit, have wilfully neglected to apply at the annual ~neetiug for a new licence, then i t shall be lawful for the family, executors, or administrators of the person dying, or for the assignee or assignees of any insolvent, or any person appointed by him or them, or for the Sheriff or other officer executing such process as aforesaid, or some person or persons authorised by him, or for the creditors or creditor at whose suit such process shall have issued, or in case of sickness or other infirmity, for the wife or some one or more of the family of such licensed person, or his appointee or appointees, or in case of removal or of the possession of the licensed premises becoming vacant,

or the occupier having so neglected to give notice as aforesaid, then

for the landlord or his agent, or other person bonnJide entitled to the said premises by sale, mortgage, or otherwise, to cnter upon the said licensed premises and continue and carry on the business thereof until the then next quarterly meeting of Justices, or of the District Council of the district, when an application shall be made to the said Justices or District Council, to transfer the licence of such premises to some person appointed by the family, executors, or administrators of such deceased person, or by the Sheriff or such other oflicer, crcditor or creditors as aforcsaid, or by such licensed person, in case he shall be incapacitated hy siclcness or othcr infirmity, or by the laidlord or his agent, or person bo~ta fide entitled to the said premises in case of removal or vacancy of possession, or such ncglect as aforesaid; and such Justices or District Council shall, if i t shall appear to them that no objection to the applicant exists, grant per- mission to such applicant to continue the business of such premises until the next annual meeting of Magistrates or of such District; Council: Provided always, that in case any person or persons as aforesaid shall enter upon any licensed premises and continue the business thereof, under the provisions in that behalf hereinbefore contained, such person or persons shall, within seven days after such entry, give notice thereof, in writing, to the Clerk to the XIagistratcs or District Council or other officer appointed for that yurposc, with the names of two housekeepers, proposed as sureties in lieu of the surcties of the liccnsed person so dying, becoming insolvent, suffering

execution to be levied, becoming incapacitated, or removing as aforesaid; and shall, on receiving notice from the said Clerk to the

Magistrates or District Council or other officer, attcnd before a

Special Magistrate within or nearest to the district in which the premises shall be situated with his sureties, and enter into a recog- nizance in the form prescribed in Schedule B annexed to the said Ordinance, so far as the same shall be applicable: And provided also, that in case a licensed person shall remove, or the possession of licensed premiscs shall become vacmt, and the occupier shall have neglected to give such notice as aforesaid, then the person entering shall, upon permission being granted by such Justices or District Council as aforesaid to carry on the business of the licensed premises, pay to the Colonial Treasurer the amount of annual licence-money due in respect thereof under the provisions of the said Ordinance.

3. I t shall be lawful for the Governor, upon the recommendation regulations Governor may respecting make

of the Trinity Board (such recomrnendntion to be signed by the pul,licnns' Irtmps, on

Ilaster and Secretary of the said Board), to make such regulations, 3 2; e ? $ ? ~ ~ ~ ~

respecting the lamp required to be kept by any licensed publi-

can residing near to the sea coast, as the said Trinity Board may

reconlmcnd; and such regulations shall bc published in the South Azcstrnlian Government Gazette, and being so published, shall free

and rlischarge any licensed person, acting under thc authority thereof,

fiom any penalties to which he might otherwise be liable in respect

of such lamp.

4. This Act shall take effect from the passing thercof. Act. Commencement of

5. This Act may be cited as The Licensed Victuallers' Act Tit'C

Ain.cndrrm~t Act of 1 855."

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Adclaidc. Printcd by arrlhorily, by W. C. Cox, Governmeut I'rintar, Victoria-square,