Liquor licensing amendment (1855) (WA)

WESTERN AUSTRALIA.

ANNO OCTODECIMO

VICTORIA: REGINA..

No. II.

An Ordinance to amend the Public House Licensing Ordinance, 4th and 5thVictorim, No. 8.

-vVHEREAS it is -expedient further to regulate appeals to Quarter pronr,,,, Sessions under the 4th and 5th Victoria, No. 8 ;—Be it there- fore enacted, by His Excellency the ,Governor of Western Australia and its Dependencies, by and with the advice and consent of the

Legislative

18th Viet, No. 2. 1855.

Legislative Council thereof, that the 34th clause of the said Ordinance shall be, and the same is hereby repealed.

f. THAT if any person shall think himself aggrieved by any judgment or conviction, any act done, or any refusal to grant or renew a license under the said Ordinance, such person may appeal therefrom to the next Court of Quarter Sessions. Provided that notice of such appeal be given by the Appellant to the Justice or Justices front whose judgment or conviction such appeal shall be made within three days after such judgment, conviction, act, or

Power of a ppeal recog-

razed.

License. refusal to grant or. renew a license; and that such appellant deposit with such Justice or Justices, such sum as such Justice or Justices may, in his or their discretion, deem sufficient, not exceeding Fifty

DePOSI: ten.

Pounds, or enter into a recognizance to that amount, with two sureties,

for the purpose of securing the costs of such appeal.

III. THAT the court at such Quarter Session shall hear and determine the matter of such appeal, and shall make such order therein, with or without costs, as to the said court shall seem meet ; and in case the act appealed against shall be the refusal to grant or renew any license, and the judgment under which such act was done be reversed, it shall be lawful for the said court to grant or renew such license in the same manner as if such license had been granted or renewed at the General Annual Licensing Meeting, or at a Special Sessions ; and the judgment of the said court shall be final and con- clusive to all intents and purposes. And, in case of the dismissal of such appeal, or of the affirmance of the judgment on which such act was done, and which was appealed against, the said court shall ad-

j udge and order the said judgment to be carried into execution, and

Casts.

costs awarded to be paid, and shall, if necessary, issue process for

executing such order.

N. THAT in every case where notice of appeal against the judg- ment of any j ustice in or concerning the execu tion of thesaid Ordinance, shall have been given, and such appeal shall have been dismissed, or the judgment so appealed against shall have been affirmed, or such appeal shall have been abandoned, it shall be lawful for the said court to whom such appeal shall be Made, in the event of the appellant so

Costs, even if exceeding•	decided against, refusing or failing to pay such sum as he shall be by
the .E:30 deposit.	them adjudged to pay, whether exceeding the sum of £50 or other.

1855.              18th Viet. No. 2,

wise, to commit the said appellant to any common gaol for any term

not exceeding three calendar months, unless such sum be sooner paid, Distr.s

or to issue a distress warrant for the recovery of the same, at their

discretion.

CHARLES FITZGERALD,

GOVERNOR AND COMMANDER-IN CHIEF.

Passed the Legislative Council

this 12th day of April, 1855.5

A. O'GRADY LEEROY.

Clerk of the Council.

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