Liquor sales amendment (1841) (WA)
WESTERN AUSTRALIA.
ANNO QUARTO & QUINTO
VICTORIA, REGINA.,
No. 3.
An Act to renew, and amend an Act entitled " An Act to amend an Act to Regulate the Sale of Spirituous and Fermented Liquors by Retail, and for the Issuing of certain Licenses connected therewith."
HEREAS in the second year of the reign of Her present Preamble.
| to amend an Act to regulate the sale of spirituous and fermented Li- | W | Majesty Queen Victoria, an Act was passed entitled " An Act 2 Victoria 4. |
quors by retail," and for the issuing of certain Licenses connected therewith • And, whereas it is expedient that the said Act should be revised and renewed, with such amendments and alterations as are Act renewed.
hereinafter stated ; Be it therefore enacted, that from and after the Persons selling any Spirit-
passing of this present Act, any person, except as hereinafter mention- uous Liq auors in a less
| ed, who shall upon any part of his or her house, land or premises, sell, r n; i | Mon; |
any
| 4 & 5 Vie., No. 3. | 1841: |
| in a less quantity than 15 barter, exchange or retail (or permit to be sold, bartered, exchanged, or | gallons, after the pass ing of this Act, without a IA- retailec)any rum,brandy, arrack, gin, whiskey, cordials, or other spirit-•• • | |
| penalty of not less thancense, subjected to a uo Us liquors, in a less quantity than forty gallons, or any ale, beer, wine, | ||
| Do, nor more than .eho. cider, perry or other fermented liquors, in a less quantity than fifteen gallons, without having first obtained a license in a manner herein- after mentioned, he or she shall forfeit and pay, for every such offence, any sum not exceeding fifty pounds, nor less than ten pounds. | ||
| No License under this ActII. Provided, always, and be it further enacted, that no License | ||
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| sale, unless it be ft licensed less such premises be duly licensed a. Public Houser-nor to Public House,—nor | ||
| empower any one notshall empower any Retail Dealer, not being also duly licensed to Ming a licensed Publican, keep a Public House, to retail any of the aibresaid liquors in a lessto sell in less quantities | ||
| than one gallon, under a quantity than one gallon. And that aey Retail Dealer who, not | ||
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one gallon, 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 soldIII. Provided, always, and be it further enacted, that any Physi-
fur medicinal purposes. Cian, Apothecary, Surgeon, Chemist or Druggist, may administer or
sell any of the aforesaid liquors in any quantities for medicinal pur-
poses without license.
IV. AND be it further enacted, that upon information on oath
Any Justice of the Peace,
| upon reasonabk iround | o | of beg made before any Justice of the Peace by any Constable or ere- | i |
| u | s apsoin cot ,biLyin:Ja | l | t | hunr-1 dib | e person that he or she cloth surely suspect and believe that any |
| licensed places for Liquors, such Liquor as aforesaid is habitually sold or retailed in any parti- | ecc., and may condemn , | and sell such Liquors, it so ewer unlicensed house or place, and such Constable or other person |
| found concealed for the shall in such information set forth or show reasonablegrounds for | ||
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| e |
| s | belief and suspicion, then, and in such case, it shall be lawful |
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 within a rea- sonable 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 appa- rent 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 ; but if it shall
appear otherwise to such Justice, such Liquor and vessel or vessels
shall be forthwith restored to the proper owner.
1841. 4 & 5 Vic., No. 3.
V. AND be it further enacted, that it shall be lawful for any Masters may supply their
| Master or Employer (not residing within two miles of any Public oSery ants | with F |
| House) to supply any Journeyman, Workman, Servant or Labourer, tarn |
| r clo | t | e | Liquors cer- |
at his request, with any quantity of fermented or distilled Liquors not exceeding in any one week the amount of one-third of the wages or earnings of such Journeyman, Workman, Servant, or Labourer during such week, and to set off and deduct the value of the Liquors against or from the wages or earnings of the person or persons to whom the same shall have been so supplied : and if any Master or
| Employer shall supply to any such Journeyman, Workman, Servant Mast er supplying | g | re |
or Labourer, any of the Liquors aforesaid in a larger quantity than quantity toor mforfeit notless
the proportion above limited, such Master or Employer shall forfeit2g: 15, nor more than
and pay, for every such offence, any sum not less than five pounds,
nor more than twenty pounds,
| VI. | AND provided also, that no License to be obtained under NO Liquors to be furnished | o | toorsoldsoldier | iersaft | e rh Roll | /, |
| this Act shall authorise the furnishing of any of the aforesaid Liquor | lo-ucree | l d |
| to any Soldier after the hour of Roll-call or Tattoo in the evening,— after |
Roll-call, u nder pen-
that is to say, after the hour of nine o'clock from the 1 1th October to nal2'lenssottlieaxue eta £10,
the 14th of May, and after the hour of half-past eight from the 14th
May to the Ilth October : and any person convicted of having fur-
nished 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.
| AND, for the more effectual discouragement of Tippling in unlicensed houses, be it further enacted, ,that any person who shall | Persons purchasing any of the aforesaid Liquors in an |
| unlicensed Rouse subject | |
| after the passing of this Act, purchase any such Liquor as aforesaid, | to a penalty of not lessthan 45, nor more than |
| from any unlicensed person, shall forfeit a sum not less than five | £20. |
| 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. |
VII.
| VIII. | AND be it further enacted, that no License shall be granted | No Retail License to be | |
|
for retailing any Spirituous or fermented Liquors within any Gaol or Place of Confinement : and that if any Gaoler, Officer or Keeper of any such Gaol or Place of Confinement shall sell, barter, lend or give away, or knowingly suffer any Spirituous or fermented Liquors 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 Phy- sician, Surgeon or Apothecary, or a Magistrate, such Gaoler, Keeper or Officer shall forfeit a sum not less than ten pounds, nor more than fifty pounds.
| AND be it further enacted, that if any person shall bring, or endeavour to bring, any Spirituous or fermented Liquors (except as | Persons introducing, orendeavouring to introduce |
| Liquors into any Gaol or |
IX.
| 4 & 5 Vic, No. 3. | 1841. |
| Mouse of confinement aforesaid) into any such Gaol or Place of Confinement, the Gaoler, | subjecttmtto alpenalty | nor of | more Keeper or other Officer thereof, may immediately apprehend and 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. |
| than £50. |
Exception ofliquorsmeant X. PROVIDED always, and be it further enacted, that nothingfor the use ofthe Gaoler or Keeper and his family. hereinbefore contained shall extend to the case of any Spirituous or
fermented Liquors brought into any Gaol or Place of Confinement for the sole use of the said Gaoler, Keeper or Officer, or their respec- tive families.
| ing Clauses to be hung upGaol or Place of Confinement within the said colony shall pro- | A copy of the three preced- XI. AND be it further enacted, that the Gaoler or Keeper of | |
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of Confinement, and shall keep the same always legible, under
Any Justice of the Peace penalty of forty shillings ; and any Justice of the Peace may demand
| may at any time demand | • |
sight of such copy, and if an immediate sight of such copy, and if it be . not immediately shewn not shown in a legible to him, hung up in come conspicuous place, in a fair and legible state,state, the Gaoler or Keeper
subject to a penalty of he may forthwith convict such Keeper or Gaoler in the aforesaid pen-
| 40 shillings. | alty, and so from time to time as often as he shall think fit. |
| Mode of issuing Licenses. | XII. AND be it further enacted, that every License to be Issued |
| and | price thereof: |
under or by virtue of this Act shall be issued by the Collector of Colonial Revenue for the time being in the form set forth in the 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 Pub- lican 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 ; and at any other place in the said colony a sum not less than ten nor more than twentY-five pounds, as shall be deemed expedient by the Governor, with the advice of the Executive Council ; 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. Provided always, that this shall not affect any License which shall have been granted for the current year, before the pass- ing of this Act.
| Licenses to be cot n er- | • t | XIII. PROVIDED always, that no License to be granted under |
| signed by Auditor of Civil this Act shall be valid for any purpose until the same shall have been | Accounts. |
produced to, and countersigned by, the Auditor of Civil Accounts
for the time being.
| 1841; | 4 & 5 Vie, No 3. |
| XIV. AND | be it further enacted, that every such License shall Licenses to bear date on- | 1st of January, and to be |
| bear date on the first day of January, and shall be and continue | 111 in force for one year. |
| force until the first day of January thence next ensuing. |
| XV. | PROVIDED always, and be it further enacted, that if any Powe | n | r t Coll ector of le- |
| R | |||
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person licensed under this Act shall die before the expiration of the Licenses.
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 Collec- tor to transfer such License, by endorsement, to the Executor or Administrator of the party so dying, or to the Appointee of the per- son so desirous of transferring as aforesaid ; for which transfer a fee of ten shillings shall be demanded.
| XVL | AND | be it further enacted, that it shall be lawful for-His Power to the Governor to |
| Excellency the said Governor to direct the said Collector to remit price oafnyLipeoeinlsicong roan [e | l id° |
| .a broken period of | a |
any portion of the price or sum payable, according to the scale here- for
inbefore contained, for any License granted or transferred under this year
Act, for any fraction or broken period of a year.
| XVII. AND | be it further enacted, that all Informations and Pro- All convictions under this |
| ceedings on account of any Offence under this Act shall be heard and Ameatr3towbacy Tya daen y | i noLs jaums -- |
determined, and all Forfeitures and Penalties in respect of the same trees of the Peace.
shall be awarded and imposed in a summary way, by any two Justices of the Peace; and that it shall be competent to any one Justice of the Peace to receive the original information and complaint, and there- upon 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 infor- Power to convicting Sus-ligation, and examine all necessary witnesses on oath, and make such tress to cr %renal ictitiieoinrs by order thereon as to them-shall seem meet ; and in case the party ac- distress and sale, or di.m- | anlm | entrnm | otoenxacIse.e ing |
| cased shall be by them convicted, and shall fail to pay any fine or Esco | |||
| penalty, costs or expenses _awarded by such order within three days next after such order shall have been personally served on him or left at his usual place of abode, it 'shall be lawful for the said convicting 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 pur- pose, it shall be lawful for the convicting Justices to commit the party so convicted to any Gaol or Honse of Correction for any term not ex- ceeding six calendar months. |
| teietdhiingsin respect of Offences against this Act shall be commenced Act to be laid. within six | XVIII.AND | be it further enacted, that all Informations and pro All informations unner this |
| ma | monthafter | s |
| Within six calendar months next after the Offences thereby res- co | commission of offence. |
| pectively charged shall have been committed. |
| 4 & 5 Vie. No. 3. | 1841. |
Justice sitting at the hear- XIX. AND be it further enacted, that it shall be lawful for the mg of any Information to Justice who shall hear any Information under this Act for the offencedecide what is under the'
circumstances of each case of retailing without a License to determine the fact of what is selling a retailing without a Li- or retailing without a License, according to the circumstances, withoutcense,
any direct evidence of money or other value having been given for
the Liquor alleged to have been sold.
Earthen ofproofof License XX. AND be it further enacted, that upon the hearing of any to lie upon Defendant. Information under this Act, it shall be incumbent upon the person
accused of having retailed, or permitted to be retailed, any of the aforesaid Liquors without a License to produce a satisfactory proof to the sitting Magistrates that he is duly licensed to retail such Liquors.
Power of Appeal to Quer-. X XI. AND be it further enacted, that if any person shall think him- ter Sessions• self aggrieved by any judgment or conviction made under this Act, such
person may appeal therefrom to the next Court of Quarter Cessions; 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 imprisonment of any such person forany time not exceeding six calendar months; provided that such No- tice of A ppeal be given by the Appellant to the Justices from whose Judg- ment or Conviction such Appeal shall be made within three days next
Security for costs of Ap- after such Judgment or Conviction, and that such Appellant deposit
peal to be given by Ap- the sum of five pounds with the last-mentioned Justices, or enter intopellant.
a recognizance with two sureties, for the purpose of securing payment
of the costs of such Appeal.
Application of the sumsXXII. AND be it further enacted, that the Fees or sums of
paid for Licenses and ofmonev payable for Licenses or Transfer of Licenses under this Act, Penalties. shall be paid to the Colonial Treasurer, to be appropriated toward the
Government of the said Colony in such manner as the Governor, acting with the advice and consent of the Legislative Council, shall by law appoint, and all fines and forfeitures recovered under this Act shall be divided, paid and applied as follows :—that is to say, after de- ducting charges of prosecution and sale from the produce thereof, one moiety shall be paid to the Colonial Treasurer, to be appropriated as aforesaid, and the other moiety to the party or parties informing.
| Act may be amended. | XXIII. AND be it enacted, that this Act may be amended or re- pealed by any Act to be passed in the present Session. JOHN HUTT, |
GOVERNOR AND COMMANDER-IN-CHIEF.
Passed the Council
12th March, 1841.
WALKINSHAW COWAN,
Clerk of 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 twelfth clay of March, 1841, and intituled "An Act to amend 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 otherwise dispose of by Retail, any Rum, Brand y, 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 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 |
(Signed) .CD., Collector of Colonial Revenue.
(Countersigned) E.F., Auditor of Civil Accounts.
Printed by authority of the Government, by E. Stirling, Perth,
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