Liquor licensing amendment (1843) (WA)

WESTERN AUSTRALIA.

ANNO SEPTIMO,

VICTORIA; BEGIN/E.

No. III.

An Act to make further provision for the

regulating of Public Houses.

HEREAS it is expedient to make further provision to restrict

W the sale of liquors under certain circumstances in licensed

and with the ad vice and consent of the Legislative Council thereof, that from and after the passing of this Act, every licensed Publican who shall

Public Houses within this colony : Be it therefore enacted by His pregame,

7th Vict. No. 3. 1843.

No licensed publican knowingly supply any sort of distilled or fermented liquor to any

shall supply distilled or Ab or

fermented liquors to any i i ginal Native for the use of such native, shall, upon conviction

aboriginal native, under before any one Justice of the Peace, forfeit and pay for every such penalty of £5.

offence any sum not exceeding five pounds.

No liquors to be furnished

to soldiers after roll-call, II. AND be it enacted, that no licence to be obtained under

nor soldier harboured af-	any Act in force in this colony shall authorize the furnishing of any
ter roll-call, under penalty
not more than 110 nor	liquor mentioned in such Act to any Soldier after the hour of roll-
less than gs.	call or tattoo in the evening,—that is to say, after the hour of nine o'clock from the eleventh of October to the fourteenth of May inclu- sive, and after the hour of half-past eight from the fourteenth of May to the eleventh of October inclusive, and any person convicted of having furnished any of the aforesaid liquors to any Soldier after the hours aforesaid, or of harbouring any soldier after the hours aforesaid, shall forfeit and pay any sum not exceeding ten pounds nor less than five pounds.
Persons purchasing any
of the aforesaid liquors

AND for the more effectual discouragement of tippling in passing of this Act purchase any such liquor as aforesaid from any unlicensed person shall forfeit a sum not less than five pounds nor more twenty pounds, unless he or she shall inform against such un- licensed person or voluntarily become a witness against him or her in respect of such act of selling or retailing.

in an unlicensed house III.

subject to a penalty of

not less than £5 nor	unlicensed houses, be it enacted, that any person who shall after the
more than £20.
This Act to be taken as part of 4 and 5 Vict. No.

AND be it enacted, that this Act shall be deemed and taken to be part of and incorporated with an Act passed in the fourth and fifth year of the reign of Her present Majesty, No. 8, intituled "An Act for repealing the laws now in force relative to the licensing and regulating Public Houses and for the better regulating the granting of licences for the sale of ale, beer, wine, spirits, and other liquors, in Western Australia in future," and all penalties or forfeitures incurred under this Act shall be appropriated in like manner as is provided by the said. recited Act for the appropriation of penalties or forfeitures thereby imposed.

s. IV.

Mode of reoffering pen-

alties, ere. V. AND be it enacted, that all informations and proceedings in

respect of any offence under this Act, or under the Act aforesaid, with which it is so incorporated, shall be commenced within three calen- dar months after the commission thereof, and shall be heard and determined, and all forfeitures and penalties in respect of the same shall be awarded and imposed in a summary way by any one Justice

1843.                  7th Viet. No. 3.

of the Peace in all cases where it is not otherwise provided, and such Justice, or such Justices (where it is so provided) shall summon the party accused and all necessary witnesses before any Justice (or where it is so provided before any two Justices of the Peace, of whom such summoning Justice need not be one), and upon appearance of the par- ty accused (or in his absence upon proof by oath of his having been served with the said summons either personally or by the same being

left at his usual place of abode) such Justice or Justices shall hear

the matter of such information and examine all necsssary witnesses

upon oath, and make such order as to him or them shall seem meet, and in case the party accused shall be by him or them convicted, and shall fail to pay any penalty, forfeiture, fine, costs, or expences

awarded by such order forthwith, or at the time appointed by such Justice or Justices, it shall be lawful for such convicting Justice or

Justices to levy and raise such penalty, forfeiture, fine, costs or ex-

penses by distress and sale of the goods and chattels of the party so convicted, and in case such goods and chattels shall be insufficient for that purpose, then it shall be lawful for such Justice or Justices

to commit the party so convicted to any Jail or House of Correction

for any term not exceeding six calendar months with or without hard labour, unless the said sum so to be levied, together with all costs and expences, shall be sooner paid.

V. AND be it enacted, that this Act may be amended or repealed Ac t may ba aided

by any Act to be passed during this present Session.

"JOHN HUTT,"

GOVERNOR.

Passed the Council -Z 13th July, 1843. 3

EDWARD C. SOUPER,

Acting Clerk of the Council.

Printed by authority of the Government, by E. Stirling, Perth.