Liquor sales amendment (1839) (WA)

WESTERN AUSTRALIA.

AN NO SEC UNDO

VICTORIA, REGINA,

No. 4.

An Act to amend an Act intituled " An Act to regulate the Sale of Spirituous and Fer- mented Liquors by retail," and for the issuing of certain Licenses connected therewith.

HEREAS it is expedient to restrict and regulate the sale of

W Spirituous and Fermented Liquors within this colony ;—

Be it enacted by His Excellency the Governor of Western Australia , ec,„ ;;;;fililif a pilreists- s

if from and after thepassing of this present Act, any person, except rutty than iforty gal-	and its Dependencies, with the advice of the Legislative Council, that u'oeurssonfic„
as hereinafter mentioned, shall upon any part of his or her house, Lirlq,;(nosrinala lyless 'eg rul uartn ittictLyi

1 an &top gallons, after ,

land orpremises, sell, barter, exchange or retail, or permit or suffer 1 gitefert, islets sAuttc:

to be sold, bartered, exchanged, or retailed, any Ruin, Brandy, Ar-twiethir	teon, aul?r	- al	. groat
rack, Gin, Whiskey, Cordials, or other Spirituous Liquors, in a less icesestettlii tgon al!i.
quantity than Forty Gallons, or any Ale, Beer, Wine, Cider, Perry, than 180.	o
or other Fermented Liquors, iu a less quantity than Fifteen Gallons, without having first obtained a License in manner hereinafter men- tioned, he or she shall forfeit and pay for every such offence, any sum not exceeding fifty pounds, nor less than ten pounds.

Anno Seeundo Vie. Reg., No. 4.

No License under this Act Provided always, and be it further enacted, that no License

to authorise the consump- to be obtained under this Act, shall authorise the consumption of any

tion of any of the afore-said Liquors on the place of the aforesaid Liquors on the premises where the same shall be

Licensed Public House,—of sale, unless it be a sold, unless such premises be duly licensed as a Public House ; nor

nor to empower any one, shall empower any retail dealer, not being also duly licensed to keep

not being a licensed Pub- a Public House, to retail any of the aforesaid Liquors in a less quantitylimn, to sell in less quan-

tities than one gallon,than one gallon. And that any retail dealer who, not being also a under penalty of not less Licensed Publican, shall be convicted of having sold, exchanged, orthan Id, nor more than

xso. retailed any of the aforesaid Liquors in a less quantity than one gal- lon, or of having suffered any such Liquors to be consumed on his premises by the purchasers thereof, shall forfeit and pay, for every such offence, any sum not exceeding twenty pounds, nor less than five pounds.

Exception of Liquors sold III. Provided always, and be it further enacted, that any physi-

. for medicinal purposes. clan, apothecary, surgeon, chemist, or druggist, may administer or sell any of the aforesaid Liquors, in any quantities, for medicinal purposes, without license.

Any Justice of the Peace, IV. AND be it further enacted, that upon information on oath

.

upon reasonable ground of suspicion by informs- Me in made before any Justice of the Peace by any constable or

tion upon oath, may search credible person, that he or she cloth surely suspect and believe that	unlicensed places for Li-quors, &a., and may eon- any such Liquor as aforesaid, is habitually sold or retailed in any
demnandsellsuchliquors, particular unlicensed house or place, and such constable or otherif so found concealed for the /apparent purpose of person shall in such information set forth or show reasonable grounds illicit sale. for such belief and suspicion, then, and in such case, it shall be law-

ful for such Justice to grant his warrant to any constable to enter and search such house or other place, either by day or night ; which said constable may break open any doors (if not .opened for a reason- able time after demand) and seize all such Spirituous or Fermented

Liquors as he shall there find, and the vessel or vessels containing

such Liquors, and shall take the same and the person in whose apparent keeping or disposal the same were found, before the said Justice ; and if it shall appear to such Justice, after due examination, that such liquors were in the said house or other place for the purpose of being illegally sold or disposed of, then such Justice shall adjudge the said liquor and vessel or vessels to be forfeited and sold, and the proceeds thereof (after payment of incidental expenses to be allowed by such Justice) shall be paid over in equal moieties to the Collector of Colonial Revenue, to Her Majesty's use, and to the party inform-

ing; but if it shall appear otherwise to such Justice, such Liquor and

vessel or vessels shall be forthwith restored to the proper owner.

Masters may supply their V. AND be it further enacted, that it shall be lawful for any

servants with wine and Master or Employer (residing out of the limits of any township) to

Beer in certain quantities,

but not with spirits, supply any Jou rneyman, Workman, Servant or Labourer, with any

Anno Seeundo Viet. Reg., No, 4.

quantity of fermented Liquors (not being Spirits) not exceeding in any one week the amount of one-third of the wages earnings of such Journeyman, Workman, Servant or Labourer during such

week, and to set off and deduct the value of the Liquors against or qltsntteirt supplying greater

from the wages or earnings of the person or persons to whom the inno „t less

same shall have been so supplied : and if any Master or Employer than 15,	nor more
shall supply to any such Journeyman, Workman, Servant or £20 proportion above limited, such Master or Employer shall forfeit and pay, for every such offence, any sum not less than five pounds, nor more than twenty pounds.
under this Act shall authorise the consumption of any of the afore- ea

VI. AND be it further enacted, that no License to be obtained Liquors n f re sonosnI tu topn btefnn the furnish-

said Liquors on Sundays, on the premises where the same shall be fries,nr s tundays,r- exceeding

nor Cthean

sold, except by Travellers or Lodgers ; and any person convicted of ',	c'13
having furnished any of the aforesaid Liquors on Sundays for 'con- sumption on the premises where the same shall be sold, except to Travellers or Lodgers, as aforesaid, shall forfeit and pay any sum not exceeding ten pounds, nor less than five pounds.

VII.    AND provided also, that no License to be obtained under NO liquors to be furnished

this Act shall authorise the furnishing of any of the . aforesaid to Soldiers after roll-call,

Liquors to any Soldier after the hour of Roll-call or Tattoo in the evening,—that is to say, after the hour of nine o'clock from the	n	a
11th October to the 14th May, and after the hour of half-past eight	ft. roll-gull, under pen-

from the 14th May to the 11th October : and any person convicted altY not exceeding £10,

of having furnished any of the aforesaid Liquors to any Soldier after less than 15.

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.

VIII.     AND, for the more effectual discouragement of Tippling Persons purchasing any

in unlicensed houses, be it further enacted, that any person who?:at hne unlicensed Liquors shall, after the passing of this Act, purchase any such Liquor as subject to a penalty of not less thr2 tg . ±.5, no

aforesaid from any unlicensed person, shall forfeit a sum not less h	r more
than five pounds, nor more than twenty pounds, unless he or she shall inform against such unlicensed person, or voluntarily become a witness against him or her in respect of such act of selling ,or retailing.

IX. AND be it further enacted, that no License shall be g ranted NO Retail Li cense to be

01 granted for any Gaol or

for retailing any Spirituous or fermented Liquors within any Ga	or Place of Confinement: and that if any Gaoler, Officer or Keeper House of Confinement.
of any such Gaol or Place of Confinement shall sell, barter, lend, or
give away, or knowingly suffer any Spirituous or fermented Liplors

Anno Secundo Viet. Reg., No. 4.

to be sold, bartered, lent or given away in or brought into the same, except such as shall be prescribed by the order of a practising Physician, Surgeon, Apothecary, or a Magistrate, such Gaoler, Keeper, or Officer shall forfeit a sum not less than ten pounds, nor more than fifty pounds.

Persons introducing, or	X. AND be it further enacted, that if any person shall bring, or
endeavouring to introduce

Liquors into any Gaol or	endeavour to bring, any Spirituous or fermented, Liquors (except as
House of Confinement	aforesaid) into any Gaol or Place of Confinement, the Gaoler,
subject to apenalty of not
less than 210, nor more	Keeper, or other Officer thereof, may immediately apprehend and
than £50.	carry such offender 'before any Justice of the Peace; who shall or may, without any information for that purpose first exhibited, hear and determine such offence in a summary way ; and if by the oath of one witness or otherwise such person shall be convicted of such offence, he or she shall forfeit any sum not less than ten pounds, nor more than fifty pounds.

meant for the use of the hereinbefore contained shall extend to the case of any Spirituous orGaoler or Keeper and his

Exception of Liquors XI. PROVIDED always, and be it further enacted, that nothing

family. fermented Liquors brought into any Gaol or Place of Confinement for the sole use of the said Gaoler, Keeper or Officer, or their respective families.

A copy of the ree pre- th XII. AND be it further enacted, that the Gaoler or Keeper of

ceding clauses to be hung every Gaol or Place of Confinement within the said Colony shallup in some cdnspicuous

part of every Gaol or procure a copy of the three preceding Clauses, to be fairly written House of Confinement. out and hung up in one of the most public parts of such Gaul or

Any Justice of the PeacePlace of Confinement, and shall keep the same always legible, under

sight of such copy, and ifmay at any time demand penalty of forty shillings and any Justice of the Peace may demand

not shown in a legible an immediate sight of such copy, and if it be not immediately shewn state, the Gaoler or to him, hung up in some conspicuous place, in a fair and legibleKeeper subject to a pen-

alty of 40s. state, he may forthwith convict such Keeper or Gaoler in the afore• said penalty, and so from time to time as often as he shall think fit,

be kept er used for the ofNo Still or other vessel to XIII. AND be it further enacted, that from and after the passing

purpose of distillation 01 this Act, any person who shall keep any Still or other vessel used without a License, under in the manfacture of distilled Spirits, . or use, for the purpose ofpenalty not exceeding

iso, nor less than 210. distillation, any such Still or vessel, without having first obtained a License in manner hereinafter mentioned, shall forfeit and pay, for every such offence, any sum not exceeding fifty pounds, nor less than ten pounds.

Uponlinformationon oath,

Justice may grant a war- XIV. AND he it further enacted, that upon information on

rant to search suspected oath being made before any Justice of the Peace by any Constable

places, and may condemn

and sell such Still or other	or creditable person that he or she doth surely suspect and believe
vessel so employed.	that any Spirit is or has been distilled in any particular unlicensed

Amato Seetmdo Viet. Reg., No. 4;

bouse or place, and such Constable or other person shall in such information set forth or show reasonable grounds for such belief and

to grant his warrant to any Constable to enter and search such house

suspicion, then, and in such case, it shall be lawful far such Justicei

or other place, either by day or night; which said Constable may break open doors (if not opened within a reasonable time after de- mand) and seize any still or other vessel used or employed in the manufacture of distilled Spirits, and shall take the same before the said Justice ; and if it shall appear to such Justice, after due ex- //ruination, that such vessels had been used in the manufacture of distilled Spirits, then such Justice shall adjudge the said Still or other vessel, and the contents thereof to be forfeited and sold, and the proceeds thereof (after payment of incidental expenses to be al- lowed by such Justice) shall be paid over in equal moieties to the Collector of Colonial Reveuue, to Her Majesty's use, and to the party informing ; but if it shall appear otherwise to such Justice, Bitch Still or vessel shall forthwith be restored to the proper owner.

XV.    AND be it further enacted, that every License to be issued Mode of issuing Licenses,

under or by virtue of this Act shall be issued by the Collector of and price thereof. Schedule hereunto annexed, and that for every such License there shall be paid to the said Collector the respective fees next hereinafter mentioned,—that is to say, for every License to be granted to a Publican to retail at Perth, Fremantle, or Albany, or within the distance of three Miles from the limits of such towns respectively, the sum of twenty-five pounds; at Guildford, or within the distance of two miles from the limits of the town of Guildford, the sum of twenty pounds ; at any other place in the said Colony, the sum of ten pounds ; and for every such License to be granted to a person, not being a Publican, to retail in any part of the said Colony, the sum of ten pounds ; and for every License to manufacture distilled Spirits, the sum of ten pounds. Provided always, that this shall not affect any License which shall have been granted for the current year, before the passing of this Act.

XVI.     PROVIDED always, that no License to be granted under, Licenses to be counter-

this Act shall be valid for any purpose until the same shall have signed by Auditor of Civil	Accounts.
been produced to, and countersigned by, the Auditor of Civil Ac-
emits for the time being.
CInsstanto ear

XVII. AND be it further enacted, that every such License shall b' t ho

bear date on the first day of January, and shalt be and continue in in force fo:ilfe';ielar.

force until the first day of January next ensuing.

A.nno Secundo Vie. Reg., No. 4..

Power to Collector of cot- XVIII. PROVIDED always, and be it further enacted, that if

onial Revenue to transfer any person licensed under this Act shall die before the expiration ofLicenses.

the term of his License, or shall be desirous of transferring his License to any other person or persons, it shall be competent to the said Collector to transfer such License by endorsement, to the Executor or Administrator of the party so dying, or to the Appointee of the person so desirous of transferring as aforesaid ; for which transfer a fee of ten shillings shall be demanded.

Power to the Governor to XIX. AND be it further enacted, that it shall be lawful for His

remit any portion of the Excellency the said Governor to direct the said Collector to remitprice of a License granted

for a broken period of a any portion of the price or sum payable, according to the scale here- year. inbefore contained, for any License granted or transferred under this

Act, for any fraction or broken period of a year.

XX. AND be it further enacted, that all Informations and Pro-

All convictions under this

Let to be made in a sum- ceedings on account of any offence under this Act shall be heard and wary way by any two determined, and all forfeitures and penalties in respect of the same,Justices of the Peace.

shall be awarded and imposed in a summary way, by any two Jus- tices of the Peace ; and that it shall be competent to any one Justice of the Peace to receive the original information and complaint, and, thereupon summon the party accused and all necessary witnesses before any two Justices of the Peace, of whom such summoning Justice need not be one ; and upon appearance of the party 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 two Justices shall hear the matter of such

rower to convicting Jun-Information, and examine all necessary witnesses on oath, and maketires to enforce their or-

ders and uunvieth,„, by such order thereon as to them shall seem meet; and in case the party

p tonment not exceeditIgdistress and sale, or Ira' accused shall be by them convicted, and shall fail to pay any fine or six calendar months penalty, costs or ezi: ‘ilses awarded by such order within three days

next after such order snail have been personally served on him or left at his usual place of abode, it shall be lawful for the said con- victing Justices to levy and raise such fine or penalty, costs or expenses, 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, it shall be lawful for the convicting Justices to commit the party so convicted, to any Gaol or House or Correction for any term not exceeding six calendar months.

Allinformatiensnnder this XXI. AND be it further enacted, that all informations and pro-Act to be laid within six calendar months after ceedings in respect of offences against this Act shall be commenced

commission of offence. within six calendar months next after the offences thereby respectively

charged shall have been committed.

Justices sitting at the

hearing of any Informa-	XXII. AND be it further enacted, that it shall be lawful for the
tion to decide what is

Anna Secundo Vie. Reg., No. 4.

Justices who shall hear any information under this Act, for the offence under the circumstances

of retailing without a license, to determine the fact of what is selling weach case a retailing

or retailing without a license, according to the circumstances, without

°1ithout a License.

any direct evidence of money or other value having been given for

the liquor alleged to have been sold.

XXIII.     AND be it further enacted, that upon the hearing Of Burthen of proof of Li-

any information under this Act, it shall be incumbent upon the per- cdense to lie upon Defen-

son accused of having retailed, or permitted to be retailed, any of t'

the aforesaid liquors, or of having manufactured any distilled Spirits

without a license, to produce a satisfactory proof to the bsittim, magis-

Pates that he is duly licensed to retail or to manufacture distilled

Spirits.

XXIV.     AND be it further enacted, that if any person shall think 0, e o f A al t

himself aggrieved by any Judgment or Conviction made under thisterIessiOnsippe to guar- Sessions; which Court shall hear and determine the matter of such Appeal, and shall summon all necessary parties and witnesses, and shall make such order in affirmance or reversal of the Judgment or Conviction appealed from, and for the payment of the Costs of the Appeal, as to such Court shall seem meet ; and shall enforce such order (if necessary) by distress and sale of the goods and chattels of any person refusing or neglecting to obey such order, or by imprison- ment of any such person for any time not exceeding six calendar months ; provided that such notice of Appeal be given by the Appel- lant to the Justices from whose Judgment or Conviction such Appeal shall be made within three days next after such Judgment or Convic- tion, and that such Appellant deposit the sum of five pounds with

the last-mentioned Justices, or enter into a recognizance with "two Security for costs of Ap-	sureties, for the purpose of securing payment of the Costs of such ;a tonelt. be] given by Ap-
Appeal.
money payable for Licenses or transfer of Licenses under this Act pldeffokLdreee Nnvsdes reoditleief. XXV. AND be it further enacted, that the fees or sums of Reservation of the sums
shall be reserved to the use of Her Majesty, her Heirs and Successors; all . penalties hi. equal h tnizetm o e th e.e Crovnand
and all forfeitures and penalties hereby imposed, and not hereinbefore t the
otherwise appropriated, shall be payable, in equal moieties to the use o. f Her Majesty, Her Heirs and Successors, and to the party or parties informing.

XXVI.     AND be it further enacted, that this Act shall be and

continue in force until the eighteenth day of March, eighteen hundred

and forty-one.

JOHN HUTT.

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Legislative Council

the 22nd day of April, 1839.

WA LIKINSHAW COWAN,

Clerk to the Council.

SCHEDULE REFERRED TO BY THE ANNEXED ACT,

FORM OF LICENSE FOR THE RETAIL OF SPIRITUOUS

AND FERMENTED LIQUORS.

THESE ARE TO CERTIFY (in pursuance of an Act of Council passed on

the twenty-second day of April, 1839, and intituled "An Act to regulate the Sale of Spirituous and Fermented Liquors by Retail"), that A. B, of , is duly licensed from the date hereof until the first day of January next to sell, exchange, or other- wise dispose of by retail any Rum, Brandy, Arrack, Whiskey, Gin, or other Spirituous Liquors, and any Ale, Beer, Wine, Cider, Perry, or other Fermented Liquors, in his House [Store, House or Shop], situate at , but not elsewhere. AND these are further to satisfy, that the said A B has paid into my hands the sum of pounds on account of such License.

Given under my hand the day of

(Signed) C. D. Collector of Colonial Revenue

(Countersigned) E F, Auditor of Civil Accounts.

FORM OF LICENSE FOR THE MANUFACTURE OF DIS-

TILLED SPIRITS.

THESE ARE TO CERTIFY (in pursuance of an Act of Council passed on

the twenty-second day of April, 1839, and intituled "An Act to amend an Act to regulate the Sale of Spirituous and Fermented Liquors, and for the issuing of Licenses connected therewith," that A B, of is duly licensed from the date hereof until the first day of January next to manufactnre Distilled Spirits in his [House] situate at , but not elsewhere. And these are further to certify, that the said A B has paid into my hands the

sum of pounds on account of such License.

Given under my hand the day of

C D, Collector of Revenue.

(Countersigned) E F, Auditor of Civil Accounts.