Liquor sales amendment (1869) (WA)
WESTERN ATJSTRA LTA.
ANNQ TRICESIMO TERTI 0
VICTORIA: 11 EGINA-±).
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NO. IX.
AN ORDINANCE to restrict and to regulate the issue of
Licenses under the provisions of the Ordinance, 20 Vic- toria, No. 2.
[ 12th July, 1869. ]
HEREAS it is expedient to restrict and to regulate the issue Preamble.
An Ordinance to consolidate and amend the Laws relating to the saleWof Licenses under the provisions of an Ordinance intituled
of spirituous and .fermented liquors: Be it therefore enacted by His
Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof:—
| 1 NO License shall issue under the provisions of the aforesaid tio license to issue unless | theapplan | icadnts'u | sesinLo4bp7icinanat |
| Ordinance, 20 Vic., No. 2, unless the house or shop of the applicant be situate. within a Town; and every person applying for such Li- cense within a Town, shall first obtain and lodge with the Collector of Internal Revenue for the time being the Certificate hereinafter mentioned. | first obtain | a Certificate. |
33° VICTORLE, No . 9,
Spirituous Liquors—amendment
| Certificate must be obtained | 2 EVERY person desirous to obtain a License under the afore- |
| from Court of Sessions. | said Ordinance, whose shop or house is situate in a town within a District where Magistrates periodically assemble and form Courts of Quarter Sessions or Courts of General Sessions of the Peace, shall apply at such Court for, and it shall be lawful for the Justices assembled at such Court, not being less than three, to grant to such person as shall be approved of by the majority of the Justices assembled in such Court, a Certificate in the form in the Schedule to this Ordinance set forth and numbered 1, authorising the issue of a License ; and it shall be lawful for the Justices in any such Court |
| Court may adjourn. | assembled to adjourn the consideration of all or any of the applica- cations before them to such other day or days as the said Justices shall from time to time agree upon: Provided always that such ad- jourmnent do not on the whole exceed fourteen days from the day of the first assembling of the said Court. |
| Where no Courts of Ses- | 3 IN each District which comprises any town or towns, and |
| sions, Magistrates shall meet |
| Quarterly in Petty Sessions | within which District Magistrates do not periodically assemble and | ||
| to consider applications for | form Courts of Quarter Sessions or Courts of General Sessions of the | ||
| Certificate. |
| ||
| in the District shall be holden in the Court House or usual place° of holding Petty Sessions at noon on the first Monday in the months of January, April, July, and October respectively, for the express purpose of considering applications for such certificates in any such Town. |
| Justices in Petty Sessions | 4 THE Justices forming the meeting in the last preceding sec- |
| may adjourn. | tion mentioned, or, in the case of the attendance at such meeting of one Justice only, then such one Justice may adjourn the consi- deration of all or any such applications to such other day as they or he shall deem fit, and so from time to time, but not longer in the whole than fourteen days from the day appointed for such meeting, and shall cause notice of such adjournment to, be given to all the other Justices acting for or resident in such District. |
| Power to grant or withhold | 5 THE Justices in attendance at any general Quarterly meeting |
| Certificate. | held under the provisions of Section 3 of this Ordinance or at any adjournment thereof, and, in the case of the attendance at any such adjourned meeting of one Justice only, then such one Justice alone, shall and may take into consideration every application for a License within such town and every objection thereto, and may in their or his discretion grant to every such person as shall be approved of by such Justice or Justices or the majority of them a Certificate in the form in the Schedule in this Ordinance set forth and numbered 2, |
33° VICTORI 7E, No. 9.
Spirituous Liquors—amendment.
authorising the issue of a License. Provided that if any such Cer- tificate be refused at such general meeting or any adjournment thereof, no such Certificate shall be granted by any less number of Justices than the number so previously refusing. Provided also that when application is made for a Certificate and the applicant's house or shop is situate in a town within a District where there is but one Justice acting or usually resident, it shall be competent for such one Justice alone to consider such application and all objections thereto, and in his discretion to grant to such applicant a Certificate in the form set forth and numberen in the Schedule to this Ordinance.
J. BRUCE,
GOVERNOR.
Passed the Legislative Council,
this 12th day of July, 1869.
E. H. LAURENCE,
Clerk of the Council.
33° ATICTORIT4, No. 9.
Spirituous Liquors—amendment.
SCHEDULE.
Forms of Certificate to authorize issue of Licenses.
No. 1.
Western Australia, }
To wit :
| At a meeting of Her Majesty's Justices of the Peace, acting in and for the District of | , in Quarter Sessions [or in General |
Sessions] assembled and holden at on the day of , 18 , we being the majority of the Justices assembled at the said Sessions, do by virtue of the power in us vested hereby authorize the issue to A. B. of the License in the Ordinance, 20 Vic. No. 2 mentioned,
for [here state the house or shop and in what Town situate] ; and we are
satisfied that the said A. B. is a person of good fame and reputation, and fit
and proper to be licensed as aforesaid.
| Given under our hands this | day of |
| at | aforesaid. |
No. 2.
Western Australia,
To wit:
At a General Quarterly Meeting [or adjournment of a General Quarterly Meeting] of Her Majesty's Justices of the Peace, acting in and for the Dis- trict of , holden at on the day of , 18 , pursuant to the provisions of the 3rd Section of the Ordinance 33 Vic. No. 9, for the purpose of considering applications
made for Licenses pursuant to the Ordinance, 20 Vic. No. 2, we, being such Justices assembled [or the majority of such Justices assembled, or I, being the only Justice at such adjourned meeting] do, by virtue of the power in us [or me] vested, hereby authorize the issue to A. B. of the License in the aforesaid Ordinance, 20 Vic. No. 2 mentioned, for [here state the
house or shop and in what Town situate]; and we are [or I am] satisfied
that the said A. B. is a person of good fame and reputation, and fit and
proper to be licensed as aforesaid.
| Given under our hands [or my hand] this | day of |
| 18 | , at | aforesaid. |
C. D.,
E. F., J.P.
No. 3.
33° VICTORIIE, No. 9.
Spirituous Liquors—amendment.
No. 3.
Western Australia,
To wit:
I, being the only Justice of the Peace acting in and for the District of
, have, in pursuance of the provisions of the 5th Section
of the Ordinance, 33 Vic. No. 9, considered an application made by A. B. for a License pursuant to the Ordinance, 20 Vic. N o. 2, and I do, by virtue of the power vested in me, hereby authorize the issue to the said A. B. of the License in the aforesaid Ordinance, 20 Vic. No. 2 mentioned, for
[here state the house or shop and in what Town situate]; and I am satisfied
that the said A. B. is a person of good fame and reputation, and fit and
proper to be licensed as aforesaid.
| Given under my hand this | day of | , 18 |
| at | aforesaid. |
C. D., J.P.
Printed by Authority at the Government Press.
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