Public House Ordinance 1856 (WA)

WESTERN AUSTRALIA.

4

ANNO VICESI►O 11110111i REGINL

O

No. I.

An Ordinance for consolidating and amending the Laws relating to the licensing of Public Houses, and for further regulating the sale and consumption of fermented and spiritu- ous liquors in the Colony of Western Aus- tralia ; and also for extending the powers of Justices with. respect to drunkenness.

WHEREAS it is expedient to reduce into one Ordinance the preamble

" laws relating to the licensing and-regulation of public houses,

20th 'Viet. No. 1. 1856.

and also to restrict the retail of fermented and spirituous liquors to persons duly licensed thereto ; and further to alter and amend the laws relating to the sale and consumption of such liquors in Western Australia, as hereinafter is provided :—Be it therefore en- acted, by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legisla- tive Council thereof,—

Section V. and other I. THAT the several Ordinances next hereinafter mentioned, portions of No. 3 of that is to say, No. 8 of 1841, No. 3 of 1843, No. 7 of 1847, No. 11841; No. 8 of 1841 ; of 1854, No 9 of 1855, and No. 11 of 1855 ; and section V. of the No. 3 of 1843 ; No. a

7 of 1847 ; No.1 of Ordinance No. 3 of 1841, and so much of the Ordinance No. 3 of 1854; No. 2 of 1855; 1841 as enjoins the payment of any fee or fees to the Collector ofNo. 11 of 1855, re-

pealed. Internal Revenue for every license to he granted to a publican to retail under the said Ordinance ; and also so much of the said last- specified Ordinance as renders it necessary to obtain any license under the provisions thereof from the said Collector of Internal Revenue, shall, from and after the time at which this Ordinance shall come into operation, be respectively repealed.

Penalty on persons

selling spirituous li- II. THAT if any person shall, after the commencement of

quors, &c., without	this Ordinance, sell, barter, or dispose of in any house or other
license prescribed by	place within the Colony of Western Australia, any fermented or
ibis Ordinance.	spirituous liquors, or any mixed liquors, part of which is fermented or spirituous, or shall permit or suffer any such liquors to be sold or disposed of by or to any other person in his or her house, or other place within the said colony or , its dependencies, without having first obtained, in manner and form hereinafter directed, a license sufficiently authorising such sale and disposal as aforesaid, every such person shall forfeit for every such first offence the sum of thirty pounds, and for every subsequent offence the sum of fifty pounds, together with the costs of prosecution, in every case to be recovered before any two or more Justices of the Peace ; and every such person shall further, upon conviction of any such offence, be rendered incapable of holding any license whatever under this Ordi- nance for the period of three years from. the time of such conviction.
Exceptions.

PROVIDED always, that nothing in this Ordinance con- tained shall be construed to apply to any person selling any dis- tilled or spirituous perfume, bond fide as perfumery, and not for the purpose of drinking ; nor to any person practising as an apothecary, chemist or druggist, who may administer or sell any spirituous or fermented liquors as medicines, or for medicinal purposes; nor to any

III.

18:56. 20th Viet. No. 1.

person who shall dispose of any quantity of not less than one gal- lon of any fermented or spirituous liquors, the same not to be con- sumed on the premises.

W. THAT the licenses to be granted under this Ordinance Licenses, how issued,

shall be issued by the Collector of Internal Revenue for the time and what kinds.

being of the said Colony, or by such other person or persons, and in such place or places, as the Governor may from time to time appoint, and shall be of four kinds, namely, one to be granted to innkeepers and publicans for the sale of all the liquors as aforesaid, and which shall, for the purposes of this Ordinance, be denomi- nated a " Publican's General License," and shall be in the form marked A in the schedule hereunto annexed ; one other to be granted to publicans and others for the sale of wine, beer, and fer- mented liquors only, to be called a "Wine and Beer License," and which shall be in the form marked B in the said schedule hereunto annexed ; one other to be granted to masters or commanders of steam or other vessels, conveying passengers, as hereinafter men- tioned, which, for the purposes of this Ordinance, shall be termed a "Packet License," and shall be in the form marked 0 in the said schedule hereunto annexed; and one other to be granted to confec- tioners or pastry cooks for the sale of ginger beer and spruce beer, and which, for the purposes of this Ordinance, shall be termed a " Confectioner's License," and shall be in the form marked D in. the said schedule hereunto annexed ; all which licenses shall con- tinue in force until the thirty-first day of December inclusive next m be in force till 31st December after

following their respective dates, (unless sooner forfeited) and no date.

longer.

V.     THAT every such publican's general license, as aforesaid, As to a Publican's

shall authorize the person, thereby licensed, to sell and dispose of general license.

any fermented or spirituous liquors, or any mixed liquors, part of which is fermented, or part spirituous, in any quantity, in thehouse or in. the premises therein specified : Provided, however, thati

no such license shall be held to authorize any such sale in the same apartment in which a retail shop is kept, upon pretext of refresh- ment to customers or otherwise howsoever.

VI.

THAT every such wine and beerlicense as aforesaid shall convey to the person thereby licensed the like authority, with the beer license. like proviso, as hereinbefore enacted with regard to a publican's general license, except only that the same shall not extend to au-	A
As to a wine and

an

20th Viet. No. 1106.

thorise the sale of any spirituous liquors, or mixed liquors, part

whereof is spirituous.

As tospacket license. VII. THAT every such packet license as aforesaid shall be

held to authorise the master or commander for the time being of the steam packet or other vessel therein mentioned, being a vessel by which passengers shall be conveyed from any place within the said Colony or its dependencies to any other such place, and being at the time of exercising such license actually on her passage between any such places, to sell and dispose of the liquors afore- said to any passenger on board such vessel : Provided, however, that nothing in this Ordinance contained shall be construed as. prohibiting, or rendering penal, allowances of liquor ttotehneviscerebwe of such packet or vessel as aforesaid, which shall not oh

contrary to the law in force for the time being.

As to a confectioner's VIII. THAT every such confectioner's license as aforesaid license. shall be held to authorize the person, thereby licensed, to sell and

dispose of ginger beer, and spruce beer, but of no other fermented liquors, nor of any spirituous liquors, nor mixed liquors,part Where- of is spirituous, in any shop or place for the sale of pastry or con- fectionery, which he or she may keep within the town, district, or place specified in his or her license.

Licenses may be ex- ,. IX. THAT in case any person holding a publican's general tended pro tempore neenSO, a wine and beer license, or a confectioner's license, shall toorfittirs, &c., by au- obtain from the Petty Sessions of his or her district, and also from	.	i	y of Petty sex- the Petty Sessions of the district (if a different one) in which any
sh	1	ons	.

lawful or accustomed fair or other public general amusement, law- fully authorized, shall take place, an authority, in the form marked F in the schedule hereunto annexed, then, and in every such case, the privileges of the license of any such person as aforesaid shall respectively be extended to the fair or other place of amusement to which such authority shall apply, and for the time to be therein stated : Provided, however, that no such fair or place of amuse- ment (if out of the district of any such licensed person) shall be more than ten miles distant from the house in respect whereof he or she shall be licensed.

Disqualifications.

X. THAT no license shall be granted or transferred, as herein-

after mentioned, under this Ordinance, to any person holding office

or employment under the Government, nor to any constable nor

1856              20th Vict. No. 1.

his deputy or bailiff, nor to any licensed auctioneer, nor to any person serving under a sentence for any criminal offence whether such sentence be partially remitted or not, nor to any person hold- ing a conditional pardon for any criminal offence nor shall any license, in pursuance of this Ordinance, be granted for any premises or packet of which, respectively, a constable is the owner, landlord, or proprietor, or wherein such constable has any partnership or share : nor shall any publican's general license or wine and beer license be granted or transferred to any person of the female sex, not .being the widow of a publican dying during the currency of his li- cense, or a female already so licensed at the passing of this Ordinance : Provided also, that none of the persons hereinbefore mentioned, nor any person holding a license under this Ordinance, shall be received or taken as surety in any recognizance to be entered into as herein- after provided.

XI.

THAT no Justice of the Peace, being a brewer, maltster, or importer of, or dealer in,wine, or any malt or spirituous liquors, or what Justices die -

concerned in any partnership with any brewer, maltster, or dealer in qualified to act.

wines, or being the landlord, Owner, or part owner of any house

licensed, or about to be licensed, or being directly or indirectly in-

terested in such house, shall sit at, or act in,any meeting of Justices

during the consideration of any application for a certificate for a

license, or for the transfer thereof, under any provisions hereinafter

contained, or during the consideration of anything relating thereto,

or shall convict or join in any conviction or'in the consideration or

determination of any appeal under this Ordinance ; and every Jus-

tice who shall knowingly offend in the premises, shall, for every such

offence, forfeit and pay a penalty or sum of one hundred pounds, to

be recovered by action of debt at the suit of the Advocate General

for the time being of the said Colony, in the Civil Court of the said

Colony.

XII. THAT it shall be lawful for the Governor, after having Governor may limit numbs' of licenses.

called for *and received from the Bench of Magistrates acting in each town or district a report of their opinion of the number of public houses which the requirements of such town or district demand, to decide, by and with the advice of the Executive Council (before the cl ay on which the Justices shall hold their annual licensing meeting in their respective districts, to consider applications) what number of licenses ought to be issued for each and every town and district respectively, and to make such decision known to the Police

20th Viet. No. 1. 1856.

As to applicants ab-	ficate for a license shall be hindered by sickness or infirmity, or any
sent through illness.	other reasonable cause, from attending in person at any such gene - ral or adjourned meeting of Justices, it shall be lawful for such Jus- tices to certify in favour of such person, upon three sufficient sure- ties, to be approved as aforesaid, entering into the required recogni_ zances in the sum of thirty-five pounds each.

Mode of taking re. XIX. THAT all such recognizances as aforesaid shall be entered

cognizances.	into in the presence of the majority of Justices assembled as afore- said, of which majority the Resident Magistrate or Police Magistrate of the town or district shall always be one, as aforesaid, and be signed by at least two Justices ; and if any Justice shall sign any such certificate to authorise the issuing of a license before such recog-
Penalty on Justices	nizances are entered into, such Justice shall forfeit the sum of one
certifying without	hundred pounds, recoverable by action of debt, at the suit of the
previo as recogni-	Advocate General for the time being of the said colony, in the Civil
zances.	Court of the said colony.

Recognizance's to beXX. THAT the recognizances, with their conditions, shall be

kept by local bench. regularly kept among the records of the local bench before whom

the same were entered into.

Lists of certificates XXI. THAT the Resident Magistrate or Police Magistrate, in

to be sent to the	whose district any such certificates as aforesaid shall be granted by
Collector of Inter-	virtue of this Ordinance, shall transmit to the Collector of Internal
nal Revenue.	Revenue for the time being, or to such other person or persons as may be appointed by the said Governor for the purpose of issuing licenses under this Ordinance, within one month after the granting thereof, a list, signed by himself, specifying the names and resi- dences of all the persons to whom any such certificates shall have been so granted, and of their respective sureties, and the natureof the license authorised by each certificate ; and specifying further, with regard to all publican's general licenses, and wine and beer licenses, the situation, and sign or name of each house, and, if not in a town, its distance from the nearest licensed house in each line of road, the name of the owner or proprietor, whether before licensed or not, and also the names and residences of the sureties.

void unlesslodged, Justices to authorise the issue of any such license as aforesaid, shall	Certificates to be XXII. THAT every certificate, which shall be granted by the
and m oney pa id
thereon, as herein be null and void, unless the same, and the sum required to be paid
provided, for such license,be lodged in the Office of the Collector of Internal

1856.                20th Viet. No. 1.

Revenue, or of such other person or persons as aforesaid, as may be appointed by the said Governor in that behalf, on or before the first day of January next ensuing each Annual Licensing Meeting ; and the said Collector of Internal Revenue, or other person as afore- said, shall, and he is hereby authorised and required, forthwith after the receipt of every such certificate, to issue and register, in his office, a license in one or other of the forms hereinbefore prescribed, according to the tenor of each such certificate respectively, upon payment being made to the said Collector of Internal Revenue, or other person as aforesaid, of a sum not exceeding fifty pounds ster- ling for every publican's general license, of a sum not exceeding thirty pounds sterling for every wine and beer license, of a sum not exceeding ten pounds sterling for every packet license, and of a sum not exceeding ten shillings for every confectioner's license : Provid- ed that it shall be lawful for the Governor, with the advice of the Executive Council, from time to time to fix and declare, by a notice published once in the Government Gazette, what sum or sums less than those before named shall and may be paid by any and every applicant for a license under this Ordinance, and to vary or annul such notice ; and, by a like notice, from time to time published as aforesaid, to fix and declare other sums not exceeding those afore- said, and, at his discretion, upon urgent or proper grounds, wholly or partly to remit the payment of any such license-fee or duty to any particular applicant for a license under this Ordinance.

PROVIDED that notwithstanding default made in The Governor may

lodging any-such certificate, or in payment of the sum required as	authorize a license for a defaulter upon
aforesaid, whereby such certificate shall become void, it shall never-	an additional pay-
theless be lawful for the Governor of the colony, if he shall see fit,	ment.
upon representation to him made of the circumstances occasioning such default, to direct the issue of the license for which such certi- ficate shall have been granted, on payment of not less than one pound, nor more than ten pounds, in addition to the sum payable as hereinbefore mentioned.

XXIV. THAT whenever, at any Annual Licensing Meeting to Resident Macristrate

be holden for any town or district as aforesaid, or any adjourned or Poliee1\Magistrate

meeting

meeting thereof, two Justices, qualified to form a petty sessions for m

roceeding under this Ordinance, shall not be present by one went. attaLletaf .p itfein .aodc jiotuhrenrs

•

o'clock of that day, at the Court House or other place appointed for the meeting, it shall be lawful for the Resident Magistrate or

Police Magistrate of such town or district to adjourn or further

20th Viet. No. I. 1856.

adjourn the said meetingfor one week (any limitation hereinbefore prescribed to the contrary notwithstanding,) and to give notice of such adjournment to all other Justices of the said town. or district; and if at such adjourned meeting there shall not be present two quali- fied Justices (of whom the Resident Magistrate or Police Magis_ trate of the town or district shall be one), it shall be lawful for the said Resident Magistrate or Police Magistrate, being present, to grant any certificate or certificates for a license or licenses under this Ordinance.

Collector of InternalXXV. THAT it shall be lawful for the Collector of Internal Revenue may issue Revenue for the time being, or for such other person or persons as

packet licenses in aforesaid as may be appointed by the Governor in that behalf, upon special emergencies.a certificate in the proper form, signed by two or more Justices (of

whom the Resident Magistrate or Police Magistrate of the town or district shall be one), together with the sum required to be paid for such license, being lodged in the office of such Collector of Inter- nal Revenue, or of such other person or persons as aforesaid, and the master or commander having entered into the required recog- nizance, to issue any such packet license at any period of the year, to take effect and remain in force until the then next thirty-first day of December inclusive : Provided that the applicant for such .

license shall not have been refused a certificate for a license by any meeting of Justices to which he may have applied for the same.

Go„rnor may direct et XXVI. THAT it shall be lawful for the Governor, whenever

renewal of license he shall be satisfied that any person applying to have his or her without testate in license renewed has been unable to obtain the necessary certificate

by reason of the non-attendance of any Justice at such Annual Licensing Meeting, or, from any other cause, without any default or neglect on his or her part, been unable to obtain the certifi- cate aforesaid, at the time and in the manner hereinbefore appointed, to order and direct that a new license be issued to any person so applying, upon his or her entering into the recognizances and pay- ing the duty required by this Ordinance.

Majority of residing. XXVII. THAT whenever a majority of the entire number of

Justices may special- Qualified Justices, residing within any district for which an Annually recommend licen- – ses at any time. Licensing Meeting is usually held, shall recommend the granting

of such license at any period of the year, then upon such recom- mendation, together with the certificate required under this Ordi-

1856.                20th Viet. No.1.

Dance, being laid before the Governor, signed by all - the Justices

forming such majority as aforesaid, and upon the recognizances required by this Ordinance being duly entered into, it shall be law- ful for the Governor, if he shall in his discretion think fit, to au- thorise the issue of the license applied for, to continue in force until the then next thirty-first day of December inclusive, upon pay- ment of such sum as shall be determined from time to time by the said Governor.

XXVIII.      THAT Special Petty Sessions of Justices of the s e ial Petty see

of receiving and considering applications for transferring licenses, which meetings shall respectively have the like powers of adjourn- ment, and the like power shall devolve upon the Resident Magis- trate or Police Magistrate of the town or district, after adjourn- ment by him for one week, in the default of attendance of any other Justice or Justices to whom notice shall be given as afore- said.

Peace shall be holden as often as may be by them considered re- slates for transferring

quisite in each town or district, in which such Annual Licensing licenses.

XXIX.      THAT it shall be lawful for the Justices assembled at Such Sessions may

such Special Petty Sessions to transfer the license of any person transfer licenses.

licensed as aforesaid to the appointee of the original holder of

such license, or to the executor or administrator of a deceased

holder, or to the assignee or trustees of an insolvent holder, by an

indorsement on the original license in the form marked G in the

schedule to this Ordinance annexed, or to the effect thereof; such

appointee entering into the same recognizances, and producing

also the same certificates, as the original party obtaining the same

is by this Ordinance bound to enter into or produce.

XXX.     THAT in case of the decease or insolvency of any per-

son holding a license under this Ordinance, his or her executors or Devolution of license

administrators, or assignee or trustees, as the case may be, shall ct)eese.Necutors or tills-

be entitled to carry on the business of the person so licensed as aforesaid, and to act under the authority of the said license, with- out any renewal or formal transfer thereof until the expiration of such license: Provided that such license shall be subject to the same regulations as if it had continued to be holden by the person to whom the same was granted, and that new recognizances be enter- ed into by such executors or administrators, or assignee or trustees,

20th Viet. No. 1. 1856.

respectively, before the Justices assembled at the next Special Petty Sessions for the town or district ensuing the date of such decease or legal vesting as aforesaid, or before any justice or justices ofj the town or district who shall previously require the same to be entered into.

Licensed persons de- XXXI. THAT if any person, having duly obtained a publican's sirous of removing to general license, or a wine and beer license, shall be desirous to re-

moralise Justices, other house within the same town or district, at any time after the another house to me- move his business from the house expressed in such license' to any

issuing of his license, and before the next general licensing meeting, it shall be lawful for any two justices, of whom the Resident Ma- gistrate or Police Magistrate of the town or district shall be one, after such person shall have entered into a new recognizance, with such sureties as aforesaid, to grant a certificate authorising the Col- lector of Internal Revenue, or other person or persons appointed as aforesaid, to affix his or their signature to a memorandum to be in- dorsed on or affixed to the original license in the form marked H in the schedule hereunto annexed, or to the effect thereof, by virtue whereof the said license shall be transferred, during the remainder of the time the same has to run, to the house or premises mentioned in such certificate, and shall cease to apply, except so far as regards acts or liabilities already performed or incurred, to the house or pre- mises for which such license was originally granted.

Resident Magistrate	XXXII.	THAT every transfer of a license authorised by any
to report transfers to

or Police Magistrate	justices under this Ordinance, whether as regards the person or the
the Collector of In-	house to which such license shall apply, shall, within fourteen days
ternal Revenue.	after such transfer, be reported to the Collector of Internal Revenue, or other person or persons appointed as aforesaid, by the Resident Magistrate or Police Magistrate of the town or district in which such transfer shall be made.

Penalties and di sabi- dinance, except a packet license, shall have or keep in or about his	XXXIII.	THAT if any person holding a license under this Or-
lities for licensed per-

sons offending. or her house, premises, or appurtenances, or at any place connect- ,

ed with the same whatever, any skittle-ground or ball-court, or any dice, cards, bowls, billiards, quoits, or other implements used in gaming, or shall suffer any person resorting thither to use or exercise any kind of such games or any other unlawful game or sport,within his or her said house, premises, or appurtenances, or if any such licensed person shall offend against the tenor of his or

1856.                  20th Viet. No. 1.

her license, or shall in any respect commit a breach of any condi- tion of the recognizance by him or her entered into, he or she shall, upon being lawfully convicted before two or more Justices of the 'Peace, forfeit and pay for any and every such offence a sum not ex- ceeding twenty pounds, with costs : Provided, however, that the Police Magistrates of the towns of Perth and Fremantle, or any Justices ma grant

Bench of Magistrates; of whom the Resident Magistrate of the permission to beepa

town or district shall be one, may, at their discretion, grant a writ- billiard table.

ten permission to any licensed person within their respective districts

to allow the game of billiards to be played in his or her licensed

house on any day, (Sunday, Good Friday, and Christmas Day except-

ed,) on payment of a fee of ten pounds, in addition to the sum to be

paid in like manner for his or her license, and also of the sum of one

pound hereinafter required to be paid for dispensing with the restric- tions, or part thereof, in respect to the hour of closing houses li- censed under this Ordinance : and provided further, that, for any second or subsequent offence, it shall be lawful for the said justices, in their discretion, either to proceed to such conviction as hereby authorised, or, before the hearing of the complaint, or at any time before conviction, to issue a summons requiring the person so com- plained of, or so informed against, to appear at the next Court of General Quarter Sessions of the Peace, at Perth, then and there to answer to the matter of such complaint or information, or any other person or persons to appear at such Sessions and give evidence against such licensed person ; and the Justices of the Peace at such Sessions shall inquire into the offence charged in such complaint or information, and if they find that such licensed person bath commit= ted the offence against the tenor of his or her license or recogni- zance in the said complaint or information specified, and that such licensed person hath been once or oftener previously convicted of offences against the tenor of his or her license or recognizance, it shall be lawful for the said justices at such Sessions to adjudge such licensed person guilty of such second or subsequent offence, which adjudication shall be final, and thereupon the said justices shall have authority to punish the party so convicted by a fine or penalty not exceeding one hundred pounds, or, at the discretion of the said jus- tices, by declaring his or her recognizance to be forfeited and also, at their discretion, his or her license to be void ; and such recogni- zance shall be forfeited, and such license from thenceforth be void accordingly ; and the person, whose license shall be declared void, shall from thenceforth be incapable of receiving or holding any license under this Ordinance for the space of three years, to be com- puted froth the day of such adjudication.

20th Viet. No. 1. 1856.

Majority. of JusticesXXXIV. THAT it shall be lawful for the majority of justices at

to exercise all the any time assembled at Petty Sessions in any district (such majority powers by this Ordi- consisting not less than two, of whom the Resident or Police Ma- Comet vested in the ts

Court of Quarter Ses- gistrate of the town or district shall be one) to exercise all the

C

sions as far as re- powers of the Court of General Quarter Sessions of the Peace lastly gird declaring hereinbefore aiven thereto, so far as regards the declaring the re- given

itu of re reco fool-

zances, &c. cognizance of any person holding any license under this Ordinance

in their district to be forfeited, and, at their discretion, the license to

be void.

XXXV.     THAT every person who shall hold a publican's gene-

Publicans to have ral license shall and is hereby required to have his name at lengththeir names, etc.,

painted on their pre- painted in legible letters at least three inches long, with the words raises; " licensed to retail fermented and spirituous liquors ;" and every per-

son holding a wine and beer license shall have his name painted as

aforesaid, with the words " licensed to retail wine, beer, and ferment-

ed liquors " constantly and permanently remaining arid plainly to be

seen and read on a conspicuous part of the outside of his house ;

and every holder of a publican's general license, or wine and beer

And to keep a lamp • bur their license, shall also keep a lamp, with at least two burners, affixed

doors during the outside over the door of his house, lighted, and to be kept burning

night. the whole of each and every night, from sunset to sunrise, during

the time of his holding such license; and any such licensed person who shall fail or neglect to comply with the regulations hereby im- posed, or either of them, shall forfeit and pay,for every such offence, any sum not exceeding five pounds, upon conviction thereof before any one or more Justice or Justices of the Peace.

XXXVI.     THAT if any person not actually holding a license

Unlicensed personsshall keep up any sign, writing, painting, or mark on or near to his keepins. up signs, or her house or premises, which may imply or give reasonable cause etc., to°be fined. to believe that such house or premises is or are licensed for the sale

or barter of any such liquors as aforesaid, or that such liquors are sold or served therein, he or she shall, for every such offence, for- feit and pay any sum not exceeding twenty pounds, to be recovered before any one or more Justice or Justices of the Peace.

XXXVII.      THAT every house for which a publican's general

Every licensed house license shall be granted, and every house for which a wine and beer	o possess certain ac-
yellers and guests. certificate authorising the license that the same is to be liable ito the commodation for tra- license shall be granted as to which the justiceshllb td t h. h th • t' ices shall eh declare in the

conditions applicable to an inn or place of resort for travellers,shall,

!-S561 20th Viet. No. 1.

at the time of granting such license, contain at least two sitting- rooms and twb sleeping-rooms, actually ready and fit for public ac- commodation,independent of the apartments occupied by the family of the publican, and shall also be provided with a place of accom- modation in or near the premises for the use of the customers there- of, in order to prevent nuisances or offences against public decency ; and shall also be provided with stabling sufficient for_the accommo- dation of•six horses at the least, and with a stockyard for the ac- commodation of twelve bullocks at the least, and with a sufficient supply of hay, corn, or other wholesome and usual provender and water for the horses and bullocks of travellers and others ; and in case any such licensed house as aforesaid shall cease to be so pro- vided as hereinbefore required, or as required by the conditions of any such recognizance as aforesaid, where the same shall be inserted therein, it shall be lawful for any two or more Justices of the Peace, upon proof thereof to their satisfaction, to declare the license of such house to be suspended until such house shall be duly so pro- vided to the satisfaction of the suspending justices ; but in case, on the granting of a certificate for a license by such justices as afore- said, it shall appear to them expedient to grant such certificate upon any other conditions with reference to the extent of accommoda- tion to be afforded to the public in the aforesaid or any other res- pects, it shall be lawful for the said justices to -insert such conditions in the recognizance of the person to whom sneh certificate for such license shall be so granted ; and in every case such i conditions shall, as regards such person, be taken to be the conditions imposed and binding upon him, under the present section of this Ordinance.

XXXVIII. THAT if any holder of a publican's general license, Penalty for refusin s,

upon any line of road in this colony, shall, without reasonable entatainment, °

cause, refuse to receive a traveller as a guest into his house, or to

find any such traveller victuals and lodging, or to receive the horse

or horses or other beast or beasts of burden of a traveller, and to

provide such horse or horses or other beast or beasts as aforesaid

with sufficient provender and water, whether the owner or person

in charge thereof lodge in his house or not, every such licensed per-

son shall, for every such offence, forfeit and pay any sum not ex-

ceeding twenty pounds, upon conviction before any one or more

Justice or Justices of ;the Peace.

XXXIX.     THAT every house for which a publican's general

license shall be granted shall be considered a common inn, and no tir:sttretotoi stranger's property.

20th Vict. No. 1. 1856.

goods or chattels whatsoever, bond fide the property of any stranger* or strangers, and being in such licensed house or the appurtenances thereof, shall be subject to be distrained or seized for or in respect of any claim of rent for such licensed house or appurtenances, or in respect of any claim soever against any such house or appurtenances, or the owner or occupier thereof ; and if any such goods shall be so seized or distrained for rent, or in any other manner contrary to the provisions of this Ordinance, it shall be lawful for any two or more Justices of the Peace to inquire into any complaint made in respect of such distress or seizure, and to order such goods or chattels to be restored to the owner or proprietor thereof; and further to award such costs as they may deem reasonable, and such costs to levy by distress and sale of the goods or effects of the person or persons so distraining or seizing such goods or chattels as aforesaid.

XL. THAT no house, for which either a , publican's general

Perth and Preman- , a wine and beer license, shall be granted within the townS	No licensed house in license
tle, or elsewhere of Perth and Fremantle, shall have any ingress or egress except in in provided, to haveafter notice as here- the street or streets named in the license for such house : and any
any ingress or egress person holding a publican's general license, or a wine and beer except in tho streets license, who shall fail or neglect to comply with the regulationnamed in the license. hereby imposed, shall, for every such offence, be liable to lose his

license, upon conviction thereof before any one or more justice or justices of the peace, who shall have power to declare such license forfeited and void, and such license shall be forfeited and void ac- cordingly : and if the Governor shall cause a proclamation to be published in the Government Gazette declaring the present see tion of this Ordinance to be applicable to any other town or town; in Western Australia, then the town or towns to be from time h time particularised in any such notice, shall, after the expiation o: one month from the date of such proclamation, be subject to the prohibition and penalty herein made applicable to houses licensed as aforesaid within the said towns of Perth and Fremantle, as fully as if the same had been also expressly included in this section.

No action to be main- XLI. THAT no person shall maintain any action for, or re-

tained on account of cover in any court in this colony, any debt or demand on account	liquors illegally sup-of any liquors sold or disposed of in contravention of this Ordi-
plied

nance, whether the same be sold without a license, or by exceeding

Nor in any case for the authority, or violating the conditions annexed to any license liquors sold by retail; in the express terms thereof, or in the provisions of this Ordinance:

and no person, however licensed, shall maintain any action for or

1856.                 20th Viet. No. 1.

recover as aforesaid any debt on account of any liquors which shall

be sold or delivered in any quantity less than one gallon, and de- Except in	part of
livered or taken away all at one time : Provided that nothing innkeeper's	general

herein contained shall extend to prevent innkeepers from keeping bill.	b
an account with bona fide lodgers and travellers, in which any charge for liquors may be included and lawfully recovered as part of the amount thereof.

XLII. THAT if the holder of any license under this Ordinance L. sea persons to

shall take or receive from any person whomsoever, in payment or in receive payment in n

pledge for liquors, or for any entertainment whatsoever, supplied in money only.

or out of his or her house or premises, any article of clothing, or

slops, or any tool or other article or thing, except metallic or paper

money, such occupier or possessor of a public house so offending

shall, upon conviction before any one or more Justice or Justices of

the Peace, forfeit and pay any sum not exceeding twenty pounds,

independently of any other punishment arising out of any other law

or Ordinance now, or hereafter to be, in force in this colony.

XLIII.       THAT it shall not be lawful for any person holding .any

license under this Ordinance to have, retain, or employ, or to per-

mit or suffer to be retained or employed, any person suffering under tomNo licensed,nip tl opueszotns

any sentence, whether colonial or otherwise, for a criminal offence, in management of

whether such sentence be partially remitted or not, or any person the heti"'

holding a conditional pardon for any criminal offence, in the care,

charge, conducting, or management of the public house or place in

which such license shall be exercised, or the sale of any of the said

liquors therein or thereout during the absence of such licensed per-

son, either on the ground of illness, or from any other cause soever,

under a fine or penalty not exceeding fifty pounds, to be recovered

before any one or more Justice or Justices of the Peace ; and the

convicting Justice or Justices may, at his or their discretion, cancel

such license forthwith, in addition to the fine aforesaid : and if any

person serving under a sentence for any criminal offence, whether

such sentence be partially remitted or not, or any person holding a

conditional pardon for any criminal offence, shall be convicted be- Punishment for con-

fore any one or more Justice or Justices of the Peace of selling or victs selling liquors.

retailing, either for himself or herself, or for any licensed or unli-

censed person, any ale, beer, wine, or other spirituous or fermented

liquors, contrary to the provisions in this Ordinance contained, it

shall be lawful for the said Justice or Justices before whom such

offender shall be so convicted to sentence him, if a ticket-of-leave

20th Viet. No. 1. 1856.

man, to be worked in irons on the roads or public works of the said colony for any term not exceeding two years nor less than three months, or to sentence such offender, if a conditional-pardon man, to imprisonment, with or without hard labour, for any term not ex- ceeding six months, over and above any fine to which he may be liable under clause II. of this Ordinance, or to sentence her, if such offender be a female, to he confined, with or without hard labour, for the like period as last mentioned in any gaol or convict establish- ment or other place appointed by the Governor for the custody of female offenders.

XLIV. THAT any holder of a publican's general license, or of

ceiving convicts intoRestriction on re " a wine and beer license, who shall knowingly and wilfully admit or licensed houses. receive any convict under sentence into his house, or any other

place held or occupied therewith, except in the presence or by the written direction of some superintendent, overseer, warder, or con- stable, shall forfeit and pay any sum not exceeding fifty pounds, to be recovered before any one or more Justice or Justices of the Peace : Provided that nothing herein contained shall apply to any convict holding a ticket-of-leave or other partial or temporary re- mission of sentence.

XLV.      THAT any person holding a publican's general license,

Penalty on licensed

persons selling li-	or a wine and beer license, who shall knowingly sell or dispose of
quors to convicts	any liquors as aforesaid to any convict under sentence, or who
without permission	shall deliver any liquors to any convict under sentence, except in
of overseer, &c.	the presence and with the permission of an' overseer, warder, or superintendent, shall forfeit and pay any sum not exceeding fifty pounds, to be recovered-before any one or more Justice or Justices of the Peace: Provided always, that nothing herein contained shall be construed to extend or apply to any convict holding a ticket-of- leave or other partial or temporary remission of sentence.

XLVI.      THAT no license to be obtained under this Ordinance

Liquors not to be	shall authorise the furnishing of any of the aforesaid spirituous or
supplied to soldiers	fermented liquors to any soldier after the hours of roll-call or tat-
after roll-call.	too in the evening, that is to say, after the hour of nine o'clock from the eleventh day of October to the fourteenth day-of May in- clusive, and after the hour of half-past eight o'clock from the four- teenth day of May to the eleventh day of October inclusive ; and any person convicted before any one or more Justice or Justices of the Peace of having furnished any of the aforesaid spirituous or

1856.                20th Viet. No. 1.

fermented liquors to any soldier after the hours aforesaid, or of har- bouring any soldier after the hours aforesaid, shall forfeit and pay any sum not exceeding ten pounds.

XLVII.     THAT if any person whosoever, licensed or unlieens- As to supplying li-

ed, shall sell, supply, or give any spirituous liquor, or mixed liquor

qnuatoiiirises to abon gi gal

part whereof is spirituous, in any quantity whatsoever, or fermented liquor, or mixed liquor part whereof is fermented, in any quantity which shall produce intoxication, to any aboriginal native of Western Australia for himself or for any other person, he or she shall, for every such offence, forfeit and pay (over and above any penalty which may be incurred for the sale of such liqt ors without a license) a penalty of five pounds, to be recovered before any one or more Justice or Justices of the Peace.

XLVIII.     THAT it shall be lawful for any Justice of the Peace, Justices and autbo-

or any constable, with a general authority in writing, signed by rised constables to

two Justices of the Peace, together with his assistants, to demand thoteteseedtesses,

entrance from time to time into the house of any person holding all times.

a license under this Ordinance, or the appurtenances thereof, or for

any constable specially authorised in any particular instance,

whether verbally or in writing, by any such , justice, to demand en-

trance into the house of any person holding alicense under this Ordi-

nance, or the appurtenances thereof, or other place where any li-

cense shall be exercised for the sale of any liquors under this Or-

dinance, at any time by day or night ; and if admittance be delay- ed for such time as shall make it appear to any such justice or jus- tices that wilful delay was intended, it shall be lawful for such jus- tice or justices to summon the person so offending before any two or more justices of the district, and upon conviction before such two or more justices, the license of the party so offending shall be forfeited, anything hereinafter contained to the contrary notwith- standing; and no license shall again be granted for the space of

three years from the date of such conviction to any person who

shall be so convicted of refusing or wilfully delaying admittance :

Provided always, that if such admittance be refused or wilfully de- layed, it shall be lawful for such justice or constable to break into or employ force to enter such public house or other place as afore-

said, with his assistants, to serve process, or for any other lawful

purpose.

XLIX.     THAT no person holding a publican's general license, p:blien,haerse notatfo

or a wine and beer license, under this Ordinance, shall have or tbealertain howl. -

keep his house open for the sale of any liquor, nor shall sell or

20th Viet, No, 1. 1856.

retail any liquor, or suffer the same to be drunk or consumed in or at such house at any time before the hour of four o'clock in the morning nor after the hour of ten o'clock in the evening from the first day of October to the thirty-first day of March, nor before the hour of six o'clock in the morning nor after the hour of ten o'clock in the evening from the first day of April to the thirtieth day of September, both inclusive, upon any day in the week, nor before the hour of' one o'clock nor after the hour of three o'clock in the afternoon on a Sunday, Good Friday, or Christmas Day, except as hereinafter provided : And if any

tensed person shall offend against the terms of this provision, he shall, for every such offence, forfeit any sum not exceeding fifty pounds, to be recovered before any one or more Justice or Justices of the Peace : Provided that nothing herein contained shall be construed to prohibit the sale or delivery of such liquor at any time to persons being bond fide lodgers : Provided also, that it

Magistrates may	shall be lawful for the Police Magistrates of the towns of Perth
grant permission	and Fremantle, and the Resident Magistrate of any other town or
to keep house open	district, at his or their discretion respectively, by special autho-
after hours.	rity in writing, signed by such Police or Resident Magistrate, upon payment of a sum of one pound for each and every night (in addi- tion to the sum hereinbefore required to be paid for his license, and the sum of ten pounds hereinbefore required to be paid for permission to keep a billiard table) to dispense with the whole or any part of the restrictions and prohibitions of this present provi. vision on any day, excepting Sunday, Good Friday, or Christmas Day, so far as may regard any licensed house within such district respectively, and for a time to be specified in such written autho. rity, but which said authority it shall be lawful for the said Jus- tices to revoke whenever they shall see fit, by causing a notice to that effect, signed by such Justices, to be served on the person to whom the said authority shall have been given.

Person licensed may	L. THAT it shall be lawful for any person holding a publican's
close his house, if in

a town, all day on	general license, or a wine and beer license, under this Ordinance,
Sunday, Good Fri-	within the limits of any townsite, to close his licensed house all day
day, or Christmas	on Sunday, Good Friday, or Christmas Day, if he shall so please;
Day.	and no person, not being a Justice of the Peace, or constable by him authorized, shall have any right to require admission into any public
house so closed on Sunday, Good Friday, or Christmas Day.

1856.             20th Viet. No. 1.

LI.     THAT if any licensed person shall abandon the occupation penalty for bli

of his or her licensed house, as his or her usual place of residence, cans abandoning and permit any person, whomsoever to manage, superintend, or con management toh f emr

duct the business of such house, or shall, whether residing in such thei

duct

house or not, permit any unlicensed person to become virtually or in effect the keeper thereof, then, or in either of the said cases, upon proof of the fact to the satisfaction of two or more Justices of the Peace, such Justices shall and may declare the license of such house for the current year to be, and the same shall be accordingly, abso- lutely void, anything hereinbefore contained to the contrary notwith- standing.

LII.      THAT if any licensed person shall employ any unlicensed

person to sell or dispose of by retail as aforesaid any such liquors Penalty for employ- as aforesaid, in any house, or in any cart, dray, or carriage, or in inis unlicensed per- any vessel or boat, or in any place whatsoever, out of the house or s

place in which such licensed person is authorised to sell or dispose or disposing of them:

of the same by virtue of his or her license, and notwithstanding in for that purpose.

such house or place, if otherwise than as the servant or agent under

the immediate superintendence and control of such licensed person ;

or if any licensed person shall sell, barter, or lend to any unli- censed person any such liquors, with the„ knowledge or upon the understanding that such liquors are to be s iOld or bartered by such unlicensed person, contrary to the true intent and meaning of this Ordinance, every such licensed person shall, upon conviction before any two or more Justices of the Peace, forfeit and pay, for every such offence, any sum not exceeding fifty pounds.

one or more Justice or Justices of the Peace by any constable or that liquors areIf it be suspected LIII. THAT upon information on oath being made before any .

credible person, that he or she cloth verily suspect and believe that anyunlicensedhouse, tahet irn f afyteb ieeaseda.;

any such liquor or liquors as aforesaid is or are, or have been, sold or n d

retailed by any person not holding a license authorising such sale, in tion it shall so ap-

any particular unlicensed house or other unlicensed place, and such fo Felted

constable or other person shall in such information set forth and

shell be

'show reasonable grounds for such belief and suspicion, then, and in such case, it'shall t'be lawful for such Justice or Justices, in his or their discretion, to grant his or their warrant s or warrants to any constable to enter and search any such house or other place by day or night; and such constable may break open the doors, if not opened within a reasonable time after demand, and seize all such fermented or

20th Viet. No. 1. 1856.

spirituous or mixed liquors as aforesaid as he shall then and there find, and the vessel or vessels in which such liquors shall be con- tained, and shall and may detain the same until the owner thereof shall appear before two or more Justices to claim such liquors, and shall satisfy the said Justices how and for what purpose he became possessed of the same, or, after being summoned,- shall fail to ap- pear; and if it shall appear to the said Justices, after due inquiry and examination, that such liquors were in the said house or other place for the purpose of being illegally sold or disposed of by retail, then such Justices shall adjudge the said liquors and vessel or ves- sels to be condemned and forfeited, and the same shall and may be sold, and the proceeds thereof; after payment of such costs as may be assessed and awarded by such Justices, shall be applied and dis- tributed in equal moieties to the use of Her Majesty, and to or amongst the party or parties so informing ; but if otherwise, then such liquors and vessel or vessels shall be forthwith restored to the proper owner.

Liquors hawked.	LIV. THAT it shall be lawful for any Justice of the Peace, troy, or cause to be seized, taken away or destroyed, all such fer- mented or spirituous or mixed liquors as aforesaid, as shall he hawked about or exposed to sale in any street, road, or foot-path, or in any booth, tent, stall or shed, or in any boat or vessel, or in any other place whatever by any person not licensed to sell the same in such place, and the vessels containing the same, and all the vessels and utensils used for drinking or measuring the same, and any cart, dray, or other carriage, and any horse or horses or other animal or animals employed in drawing or carrying the same, as well as any boat or vessel used in the conveyance of such liquors as aforesaid ; and it shall be lawful for any one or more Justice or Justices of the Peace, on his or their own view, or on confession of the party, or by proof of such offence by the oath of one or more credible witness or witnesses, to convict any person so offending of selling such liquors without a license, and to adjudge him, her, or them liable io all the penalties imposed by this Ordinance for such offence, and to cause such liquors, vessels, and utensils containing the same, and any cart, dray, or other carriage, horse or horses, or other animal or animals, and any boat or vessel used in conveying the same, to be sold; and the proceeds thereof, after deducting the expenses of sale, shall be paid, one moiety to the use of Her Majesty the Queen, and the other moiety to the person or persons who may, in any such case, first seize, inform, or prosecute.
about to be seized	constable or other peace officer, to seize and take away, or to des-
and condemned.

1856.                  20th Viet. No. 1.

LV.     THAT in case the holder • of any wine and beer. license Spirituous liquors

whatsoever, or mixed liquor part of which is spirituous, in or about and o beer license,"oofitws enei under this Ordinance shall possess or have any spirituous liquor fofuhnt e poss“essi on

pose of being sold or disposed . of by or on behalf of the holder of such license aforesaid, or for the purpose of evading the provisions of this Odinance in any manner, then, and in every 'such case, all such spirituous liquors or mixed liquors as aforesaid shall be absolute- ly forfeited, and the same, with the vessels and utensils used for the same, shall be dealt with and disposed of as herein provided in cases of liquors hawked about or exposed to sale, for which purpose, the same, if in or about the house or premises for which a wine and beer license shall be•granted, shall he seized by any constable autho- rised as required by this Ordinance, without any warrant, whereso- ever the same shall be found ; and if the same shall be in or about any other house or premises, a search warrant shall be issued as' hereinbefore directed in other cases of suspected unlicensed houses.

his house or premises, or in any other house or premises in which tobe seized and for-

the same shall be proved, 'to the satisfaction of any one or more "ea'

THAT in case any person whosoever shall be convicted ofd liquors belong- keeping a disorderly house, or of illegally selling or retailing any ing to persons con- spirituous liquors, contrary to this Ordinance, such person shall, for :eta ffiritislegt the term of two years then next ensuing, be liable to the forfeiture of liablegtoPforfeiture. all spirituous liquors whatsoever found in his or her possession, or

LVI.

being his or her property (if exceeding the quantity of half a gallon,) and upon information upon oath being made before any Justice of the Peace by any constable or credible person, that he or she cloth verily suspect and believe that such liquors, either the property or in the possession of any such person as aforesaid, are concealed in any house or place whatsoever, and shall show reasonable cause for such belief and suspicion, it shall be lawful for such justice to grant such search warrant, as in the case of a suspicion of the unlicensed retailing of spirits is hereinbefore directed, and the same seizure, condemnation, and forfeiture, sale and distribution of proceeds shall thereupon be authorised as in the case last mentioned, save only that the justice shall not be bound to inquire as to the purpose for which the said liquors wereintended, but solely as to the property or possession afore- said.

20th Viet. No. 1. 1856,

Persons sellinc, or LVII. THAT if any person shall sell or dispose of, or offer for

offing for safe - er ors, sale, any fermented or spirituous liquor, or any mixed liquor part of

du lterated liquors, a

to be fined, which is fermented or spirituous, which shall be adulterated or mixed

with any deleterious ingredient whatever, he or she shall, on convie, tion before any two or more Justices of the Peace, forfeit and pay any sum not exceeding fifty pounds.

LVIII. THAT in all proceedings whatever against any person for or any mixed liquors part of which is fermented or spirituous, with. out a license or sufficient license, such person shall, for all purposes connected with those proceedings, be deemed and taken to be unli.: censed, unless he or she shall, at the hearing of the case, produce his or her license before, and exhibit the same to, the sitting justice of justices, or shall then and there produce other proof of the same which shall be satisfactory to such justice or justices, and which he or they shall in his or their discretion choose to receive, of his or het being a licensed person, and of the description of the license held by' him or her.

Persons not produc-

ing license to be	selling, or permitting to be sold, any fermented or spirituous liquors,
deemed unlicensed.
Mode of proving li-	LIN.. THAT in any proceeding before any Justice or Justices of the Peace against any person alleged to be a licensed person, and liable as such to any such proceeding, the production of his or her recognizance as entered into and recorded in mariner hereinbefore directed shall be conclusive evidence, not only of such recognizance, but also of his or her being licensed in manner therein recited : Pro. vided nevertheless, that it shall be lawful for any such justice or jus. tines (not being assembled as a Court of Quarter Sessions) if he or they shall in his or their discretion see fit, to admit any other proof which shall be satisfactory to him or them of any such recognizance or the contents thereof, or as to the fact of any person being licensed in manner and form alleged in any such proceeding as aforesaid : but in case any question arise relating to any such license or recognizance upon appeal or otherwise before any Court of Quarter Sessions, under this Ordinance, then such qustion shall be decided only by pro- duction of such recognizance as aforesaid.
MSC.
Licenses to be pro-

Justice or authori- na n ce shall, on demand, at his or her licensed house or place whereinduced on demand of LX. THAT every person holding any license under this Orm-

sea constable. or whereat such license shall be exercised, produce his or her license to

any Justice of the Peace, or any constable authorised by any justice by any writing under his hand in that behalf: and if any such

18.56. 20th Viet. No. 1.

licensed person shall refuse or neglect to produce his or her license, he or she shall forfeit and pay for ever) such refusal or neglect the sum of five pounds, to be recovered before any one or more Justice or Justices of the Peace.

LXI.     THAT whenever any Justice of the Peace, or any chief or

other constable, acting under the order of any such justice, shall find Le npersons drinkingl eliss

any person drinking in any reputed disorderly house, or if any such to e apprehended.

justice or constable without a warrant shall find any person drinking

in any house, shop, storehouse, or other building, or any booth, shed,

or hut, tent, stall, or place in which or where any ale, beer, wine,

• cider, ginger beer, spruce beer, brandy, rum, or other fermented or

spirituous liquors shall be sold or disposed of by retail, and the li-

cense for such sale shall not, on demand, be produced to such justice.

or constable, it shall and may be lawful for such Justice of the Peace

or constable to apprehend all such persons so found drinking there ;

and every such person so found drinking shall, upon the view of such

justice, or upon conviction before any one or mote Justice or Justices

of the Peace, forfeit and pay for every such offence a sum not ex-

ceeding five pounds, to be recovered in manner hereinafter directed,

unless such person shall inform against such unlicensed person, or

voluntarily become a witness against him or her, in respect of such

act of selling and retailing.

LXII. THAT in any proceedings before any one or more Jus- Evidence sufficient toconvict the owners

tice or Justices of the Peace, under this Ordinance, against any per-	and persons found
son or persons charged with unlawfully selling any such liquors as	drinking in disorder-
aforesaid in a reputed disorderly house, the proof of the reputation	ly houses.
of such house, and of any person or persons (not being the owner or owners, or occupier or occupiers thereof) being found drinking there- in, shall be deemed full-and sufficient evidence to warrant such jus- tice or justices in convicting the person or persons so found drinking in such house, and the proprietor or proprietors thereof.

liquors as aforesaid shall be deemed and taken to be good and suffi-- I uo s LXIII. THAT the delivery of any such spirituous or other Deliv ery

to i IL

cient prinzd facie evidence of money or other consideration being evidence of sale.

given for the same, so as to support a conviction, unless proof shall be made to the contrary, to the satisfaction of the justice or justices

hearing the case.

20th Viet. No. 1. 1856.

Payment of wagesLXIV. THAT any master or other person (not being licensed where liquors are under this Ordinance) employing journeymen, workmen, servants, or sold. labourers, who shall pay or cause any payment of wages to be made

to any such journeyman, workman, servant or labourer, in or at any house in which any of the liquors as aforesaid shall be sold by retail, shall forfeit and pay for every such offence any sum not exceeding five pounds, to be recovered before any one or more Justice or Jus- tices of the Peace.

laibit supply of spultuous or fermented liquors, or mixed liquor part of which isJustices may pro- • .• LXV. THAT when any person shall, by excessive drinking of

spirits, etc., to spirituousor fermented, so misspend, lessen, or waste his or her estate,

drunkards, or thereby expose himself or herself, or his or her family, to want or

indigent circumstances, or greatly to injure his or her health, or

endanger the loss thereof, the Justices of the Peace of the town or dis- trict in which such drunkard shall reside, in petty sessions assembled,

mdy,in writing under the hands of any two of such justices, forbid all

persons licensed under this Ordinance, whether resident in such

Such prohibition re- town or district or not, to sell to him or her any liquors as aforesaid

newable. for the space of one year ; and such justices may in like manner re.

new such prohibition from year to year as to all such persons as have

Penalty for disobe- not, in their opinion, reformed within the year; and if any such

dience by licensed licensed person shall, after notice of such prohibition, knowingly sell persons. or deliver to any person or persons so prohibited any liquors as afore-

said, he or she shall forfeit for every such offence any sum not exceed- ing five pounds, to be recovered before any one or more Justice or Justices of the Peace.

Penalty for procur- LXVI. THAT whenever the Justices of Petty Sessions in any town

ing liquors for pro-

or district shall, in execution of the foregoing provisions, have pro-

hibited persons.

hibited the sale of such liquors as aforesaid to any such drunkard, if any person shall, with a knowledge of such prohibition, give, sell, pur- chase, or procure for, or on behalf of, such prohibited person or for his or her use, any such spirituous liquors, he or she shall forfeit for every such offence any sum not exceeding five pounds, to be recover- ed before any one or more Justice or Justices of the Peace.

Justices may impri- LXVII. WHEREAS it is expedient to extend the powers of Jus-

son persons found	tices regarding drunkenness ; be it enacted, that, on conviction be-
drunk on a Sunday,	fore any one or more Justice or Justices of the Peace of any person
Good Friday, or
Christmas Day.	for being found drunk in any licensed public house, public street, highway, or other public place whatsoever, on a Sunday, Good

1856.                 20th Viet. No. 1.

Friday, or Christmas Day, such justice or justices shall sentence the offender to imprisonment in any common gaol for any time not ex- ceeding seven days, with or without hard labour ; and any licensed person who shall supply, or cause to be supplied, any person with any quantity of spirituous or fermented liquors on a Sunday, Good Fri- day, or Christmas Day, whereby or wherewith such person shall get inebriated, or shall permit drunken persons to remain in his house on Sunday, Good Friday, or Christmas Day, shall, on conviction before any one or more Justice or Justices of the Peace, forfeit and pay any sum not exceeding twenty pounds, at the discretion of such justices.

LXVIII. THAT every conviction shall, by the justice or justices before whom the same shall have been had: be returned by him or	Convictions return-
able to the QuarterSessions, and to be
them to the next Court of General Quarter Sessions of the Peace for	registered by the
the said colony, and the record of such conviction shall, unless the	Clerk of the Peace.
same be afterwards quashed by appeal, be received as evidence of such
conviction against the party thereby convicted in any prosecution
to be instituted against him or her for any offence under this Ordi-
nance; and the Clerk or Acting Clerk of the Peace, or his Deputy, to
whom such conviction shall be returned, shall, ou such return (if the
same relate to a licensed person,) cause to be made a memorandum of
such conviction in a register, which he is hereby directed to keep, of
the names and places of abode of the several persons licensed, and
shall in every such memorandum state whether such conviction be
the first, second, third, or other subsequent conviction for the offence:
Provided, however, that production of the record of such former con-
viction or convictions shall not be necesssry to support a conviction	Record not to be es: sential as evidence of
jin such augmented penalty as may be consequent thereon before any	ustice or justices acting singly, or in Petty Sessions, provided such	former conviction at
justice or justices shall be fully satisfied by other evidence as to the	Petty Sessions.
fact of such former conviction or convictions ; but in case such fact shall be questioned upon appeal or otherwise before the Court of General Quarter Sessions of the Peace, then the same shall be law- fully established only by production of such record thereof as afore- said.

LXIX. THAT if any constable or any other Peace Officer shall Penalty for constable

posed upon constables or peace officers by this Ordinance; or to

make an immediate report to the Resident Magistrate or Police

refuse or knowingly neglect to execute any part of the duty im- neglecting duty. other superior-officer, to whom he may, in the usual course of his

20th Viet. No. 1. 1856.

duty, be required to make such report after he shall have received information, or shall otherwise have obtained a knowledge, of any proceedings in violation of any of the provisions herein contained, such constable or other peace officer, upon conviction before any one or more Justice or Justices of the Peace of any such refusal or neglect, shall be subject and liable to a fine not exceeding ten pounds, or to be imprisoned for any term not exceeding three months for every such offence.

Persons aggrieved LXX. THAT any person who shall think himself or herself may appeal to court aggrieved by any fine or penalty above the sum of five pounds impos.

of Quarter Sessions ; ed, or by any act done, by any Justice or Justices of the Peace under or

concerning the execution of this law or Ordinance, (unless such act

in certain shall relate to the refusal of a certificate for the granting, renewal or transfer of any license under this Ordinance, or the suspension of any license under this Ordinance as hereinbefore mentioned,) may appeal against such act to the next General Court of Quarter Ses- sions of the Peace at Perth : Provided that notice of such appeal lx

cages'

Appellant to give given by the appellant to the justice or justices from whose judgment security for costs. judgment or conviction, and that such appellant deposit with suchnotice of Appeal and or conviction such appeal shall be made within three days after such

justice or justices such sum as such justice or justices may, in his or their discretion, deem sufficient, not exceeding fifty pounds, or enter into a recognizance to that amount with two sureties for the pup pose of securing the costs of such appeal.

Appropriation of fees. LXXI. THAT all fees or sums of money payable for licenses,

or transfers of licenses, under this Ordinance, not being herein other- wise appropriated, shall be paid over to the Colonial Treasurer, to the use of Her Majesty, her heirs, and successors, for the public uses of the said colony and in support of the Government thereof.

sections A., C., LXXII. THAT the Sectionsinthe Schedule of the "Shortening and G., of Shorten. Ordinance, 1853, lettered therein respectively A., C., F. and G.,

Mg Ordinance. shall be incorporated with and taken to form part of this Ordinance,

to all intents and purposes, and in as full and ample sa manner as if the said Sections had been introduced and fully set forth in this Ordi- nance.

" Public House Or; LXXIII. THAT this Ordnance may be cited as the " Public

divance, 1856." House Ordinance, 1856."

1856.                20th Viet. No. 1,

LXXIV. THAT so much of this Ordinance as relates to appli- mence and take effect on the first day of October next, and the re- sidue thereof shall commence and take effect on the first day of Commencement o of

cations for and the granting of certificates for licenses shall corn-Ordinance. fifty-seven.

A. E. KENNEDY,

GOVERNOR AND COMIIANDER-IN-CHNE.

Passed the Legislative Council this

21st day of June, 1856.

HENRY WAKEFORD,

Clerk of the Council.

20th Viet. No. 1. 1856.

Schedule to which the foregoing Ordinance refers.

A.

Farm of a Publican's General License.

Western Australia

to wit.

WHEREAS A. B., of ,bath deposited in this Office a certificate from the major part of the Justices of the Peace assembled at the Annual Licensing Meeting, (or, at a Special Sessions) held at on the

day of , in the year of oui

Lord one thousand eight hundred and • , autho- rizing the issue to the said A. B., (under and by virtue of the "Public House Ordinance, 1856,") of the license in the said Ordi- nance called a Publican's General License, for the house known (or, to be known) by the sign of

situated at , in the said colony of Western Australia ; and stating that the said Justices have taken from the said A. B., and two sureties, the recognizance required by the said Ordinance; And whereas the said A. B. bath paid into my Office the sum of pounds sterling, as the duty on such license: Now 1, the Collector of Internal Revenue of the said colony, (or other person appointed by the said Governor for the purpose of is- suing licenses under the said Ordinance, as the case may be) in virtue of the powers vested in me by the said recited Ordinance, do hereby license the said A. B. to keep a common inn, alehouse, or victualling house, and to sell fermented and spirituous liquors, in any quantity, in the house in which he now dwelleth, (or, is about to dwell,) be- ing the sign of , situated at , afore- said, (he' estate, state, if necessary, ,the egresses, if "vzore than one) and in the

appurtenances thereto belonging, but not elsewhere ; and this license shall commence upon the first day of next,

and continue in force until the day of

then next ensuing, both days inclusive, provided it be not forfeited in the mean time, according to the provisions of the said Ordinance.

1856.                20th Viet. No. 1.

Given under my hand and seal at this

day of one thousand eight hundred and

N. O. (L.s.)

Collector of Internal Revenue,

(or other person, as the case may be.)

Registered,

P. Q.

AL

Form of Application for a Publican's General License.

To the Worshipful the Justices of the Peace acting in and for the district of , in Western Australia.

I, A. B., (state the trade or occupation, and if married or single)

, in the town (or, district) of

now residing at

, do hereby give notice that it is my intention to

apply at the next Annual Licensing Meeting to be holden for this

district, for a Publican's General License, for the sale of fermented

and spirituous liquors, in the house and appurtenances thereunto

belonging, situated at , (here describe the

house proposed to be licensed, specifying the situation of it, the num- ber of sitting-rooms and bed-rooms contained in it exclusive of those required by -the family, the person of wkom rented, the present occu- pier, whether now licensed, and, if so, under what sign,) and which I

intend to keep as an inn or public house.

I have held a license (if bifore licensed, state how many years, and what kind of license.)

I further give notice that I propose C. D., of , and .

E. F., of	, as my sureties, to enter with me into
the required recognizance.

Given under my hand this day of

one thousand eight hundred and

A. B.

20th Viet. No. 1. 1856.

A 2.

Form of Householder's Certificate to be appended to the above.

WE, the undersigned, householders, residing within the town (or, district )of , do hereby certify that the above A.B., of , is a person of good fame and reputation, and fit and proper to be licensed to keep an inn or public house, for thesale of fermented and spirituous liquors therein.

Witness our hands this clay of

one thousand eight hundred and

One Two

Three

Four Five

A 3.

Form of Recognizance to be entered into by an Applicant for a Publicans's General

License.

Western Australia

to wit. I

BE it remembered, that, on the day el

, one thousand eight hundred and

A. B., of , C. D., of and

E. F., of, came personally before us, G. H., and I. K.,• Esquires, Justices of the Peace, acting in and for the • district (or, town) of , in the said colony, and acknowledged them- selves to owe to our Lady the Queen, to wit, the said A. B. the sum of pounds, the said C. D. the sum of pounds, and the said E. F. the sum of pounds of lawful money of Great Britain, to be respectively levied of their several'

goods and chattels, lands, and tenements, to the use of our said Lady -

the Queen, her heirs and successors, in case default shall be made

in the performance of any of the conditions hereunder written.

The conditions of this recognizance are such, that whereas the

said A. B. is to be licensed, pursuant to the " Public House Ordi-

nance, 1856," to keep a common inn, alehouse, or victualling house.

1856.               20th Viet. No. 1.

now dwells (or, is about to dwell), being the sign of

situated at , in the district of ; if

the said A. B. do keep the law in selling such liquors as aforesaid

inhis said house and its appurtenances, and do not permit any per-

son to become drunk, or supply or permit any such liquor as

aforesaid to be supplied or given to any person in a state of intoxica-

tion ; or permit such person (not being an inmate therein or one of

the household thereof) to remain in his house or premises, or to

commit any disorder therein ; nor refuse to admit a magistrate or

constable into any part of the said house or premises at any hour ;

.nor admit or receive any convict, not being a ticket-of-leave holder,

into his house or premises or any place held or occupied therewith,

or deliver any liquors, as aforesaid, to any convict, . except with the

written order, or in the presence of the overseer of such convict ;

and do maintain good order and rule in the said house or premises ;

(and the following is to be inserted at the discretion of the Justices

granting the license) and do also maintain and keep on foot such ac-

commodation for travellers and guests, and their horses or other

beasts of burden, and servants, as is required in and by the said

and to sell fermented or spirituous liquors in the house wherein he following ; which the said A. B. bath specially undertaken to pro- vide, on condition of his obtaining the said license, that is to say, (here insert any special condition which the Justices may see fit to im- pose upon any innkeeper in these respects,) then the said recognizance to be void ; otherwise to remain in full force.

Taken and acknowledged the day and year above written, be- fore us.

G. H., J.P. (L. s.)

I. K., J.P. s.)

B.

Form of a Wine and Beer License.

Western Australia}

to wit.

WHEREAS A. B., of , bath deposited in

this office a certificate from the major part of the Justices of the Peace

20th *jct. No. 1. 1856.

assembled at the Annual Licensing Meeting, (or,at a Special Sessions)

held at , on the day of

, in the year of our Lord one thousand eight hundred and

, authorising (pursuant to the " Publib House Or-

dinance, 1856") the issue to the said A. B. of a license for the sale of

Wine and Beer, and other fermented liquors, in the house of the

said A. B., situate at , in the said colony of Western

Australia; and stating that the said Justices have taken from the said

A. B. and two sureties the recognizance required by the said Ordi-

nance; and whereas the said A. B. bath paid into my office the sum

of pounds sterling as the duty upon such license; Now,

I, the Collector of Internal Revenue of the said colony, (or other

person appointed by the said Governor for the purpose of issuing

licenses under the said Ordinance, as the case may be) do hereby license

the said A. B. to sell wire, beer and other fermented liquors, in any

quantity, in the house in which he now dwelleth (or, is about to

dwell) situated at aforesaid, (here state, if necessary,

the egresses, if more than one) and in the appurtenances thereto be-

longing, but not elsewhere; and this license shall commence from

the day of next, and continue in force until

the day of then next ensuing, both

days inclusive, provided it be not forfeited in the meantime, according

to the provisions of the said Ordinance ; and provided that the said

A. B. shall not sell or dispose of, or permit to be sold or disposed. of,

any spirituous liquor, or mixed liquor part whereof is spirituous; in

the said house or its appurtenances, in which case this license shall

thereby and thenceforth become and remain absolutely void.

Given under my hand and seal at , this

day of , one thousand eight hundred and

N. 0., (L. s.)

Collector of Internal Revenue

(or other person, as the case may be.)

Registered,

P. Q.

B1.

Form of Notice of Application for Wine and Beer License.

To the Worshipful the Justices of the Peace

acting in and for the district of

in Western Australia.

I, A. B. (state the trade or occupation, and if married or single)

1856.                 20th Viet. No. 1.

now residing at

, in the town (or district) of

, do hereby give notice that it is my intention

to apply at the next Annual Licensing Meeting, to be holden for this

district, for a license for the sale of wine, beer, and other fermented

liquors, in the house and appurtenances thereunto belonging, situated

at . [If the applicant purposes to keep the house

as an _Inn for the entertainment of travellers and lodgers, describe

the particulars as required in form A 1; if not, merely state the per-

son of whom rented, and present occupier.]

I have held a license, (if before licensed, state how many years, and what hind of a license.)

I further give notice that I propose C. D., of

and E. F., of	, as my sureties, to enter with me into
the required recognizance.

Given under my hand this day of

one thousand eight• hundred and

A. B.

B2.

Form of Householder's Certificate to be appended to the above.

We, the undersigned, householders, residing within the town (or,

district of , do hereby certify that the above A. B., of

is a person of good fame and reputation, and fit and

proper to be licensed to sell wine, beer, and other fermented liquors, (or, to keep an inn or public house for the sale of wine, beer, and other fermented liquors, as the case may be.)

Witness our hands this day of one

thousand eight hundred and

One Two Three

Four Five

20th Viet. No. 1. 1856.

B3.

Form of Recognizance of an Applicant for a Wine and Beer License.

Western Australia

to wit.

Be it remembered, that on the day of

one thousand eight hundred and A. B., of

C. D., of and E. F., of came personally before us, G, H. and I. K.,

Esquires, justices of the peace, acting in and for the district of

in the said colony, and acknowledged themselves

to owe to our Lady the Queen, to wit, the said A. B. the sum of

pounds sterling, the said C. D. the sum of

pounds, and the said E. F. the sum of pounds of lawful money of Great Britain, to be respectively levied of their several goods and chattels, lands and tenements, to the use of our said Lady the Queen, her heirs and successors, in case default shall be made in the performance of any of the conditions hereunder written.

The conditions of this recognizance are such, that whereas the - said A. B. is to be licensed, pursuant to the " Public House Ordinance, 1856," to sell wine, beer and other fermented liquors in the house

wherein he now dwells (or, is about to dwell,) situated at

in the district of ; if the said A. B. do not sell or dispose of, or permit to be sold or disposed of,any spirituous liquor, or mixed liquor part whereof is spirituous ; and do keep the law in selling wine, beer, and fermented liquors, in his said house or appurte- nances; and do not permit any person to become drunk or intoxicat• eel, or supply or permit any such liquors as aforesaid to be supplied or given to any person in a state of intoxication ; or permit such per. son (not beino. an inmate therein or one of the household thereof) to remain in hisbhouse or premises, or to commit any disorder therein; nor refuse to admit a magistrate or constable into any part of the said house or premises at any hour ; nor admit or receive any convict, nol being a ticket-of-leave holder, into his house or any place held or oc• cupied therewith ; or deliver any liquors as aforesaid to any convict except with the written order or in the presence of the overseer of

such convict ; and do maintain good order and rule in the said house and premises ; (and the following is to be inserted at the discre-

tion of the justices granting the license,) and do also maintain and

keep on foot such accommodation for travellers and guests, and their

horses or other beasts of burden and servants, as is required in and

1856.               20th Viet. No. 1.

by thesaid Ordinance ; and also the' additional rooms and aceommo

dation following, which the said A. B. bath specially undertaken to provide, on condition of his obtaining the said license, that is to say,

there insert any special conditions which the justices may see fit to im- pose upon any innkeeper in these respects) then the said recognizance

to be void ; otherwise to remain in full force.

Taken and acknowledged the day and year above written, be-

fore us,

G. H., JP.	(L. s.)
I. K., J.P.	(L. s.)

c.

Form of a Packet License.

Western Australia }

to wit.

WHEREAS A. B., of being the master, (or, owner, or, owners,) of the steam packet (or y any other kind of vessel, describe it,) conveying passengers between

(name the place) and (name the place) being places

within the colony of Western Australia and its dependencies, bath de- posited in this office a certificate of the major part of the justices of

the peace assembled at the annual licensing meeting (or, at a special

sessions) held at on the day of

one thousand eight hundred and

authorising the issue to the said A. J3., under and by virtue of the " Public House Ordinance, 1856," of the license in the said Ordi- nance, called a Packet License, and stating that the said justices have taken from the said A. B., and two sureties, the recognizances re- quired by the said Ordinance ; and whereas the said A. B. bath paid into my office the sum of pounds sterling, as the duty on such license : Now I, the Collector of Internal Revenue of the

said Colony, (or other person appoint?d by the said Governor for the purpose of issuing licenses under the said Ordinance, as the case may be,) in virtue of the powers vested in me by the said Ordinance, do

hereby license the said A. B. to retail fermented and spirituous liquors to any passengers on board of such vessel, during the actual passage of such vessel between one such place and another ; and this license shall commence upon the day of next,

and continue in force until the day of

20th Viet. No. I. 1856.

both days inclusive, provided it be not forfeited in the meantime, ac-

cording to the provisions of the said Ordinance.

Given under my hand at

this day of

one thousand eight hundred and

N. 0. [L.s.]

Collector of Internal Revenue (or other

person, as the ease may be.)

Registered

P. Q.

C1.

Form of Notice of Application for Packet License.

To the Worshipful the Justices of the

Peace acting in and for the dis-

trict (or, town) of

in Western Australia.

I, A. B., being master (or, commander, or, owner, or, owners) of the steam packet (or other vessel, as the case may be) conveying passengers between (name the place) and (name the place,) being places -within the colony of Western Australia and its dependencies, do hereby give notice, that it is my intention to apply at the next annual licens- ing meeting, to be holden for the same district, for a license for the sale of fermented and spirituous liquors to the passengers on board such vessel, pursuant to the Public House Ordinance, 1856," in that. case made and provided.

I further give notice that I propose C. D., of

and E. F., of as my sureties, to enter with

me into the required recognizance.

Given under my hand this

day of

one thousand eight hundred and

A. B.

1856.               20th Viet. No.1.

C 2.

Form of Recognizance to be entered into by the Applicant for a Packet License.

Western Australia}

to wit.

BE it remembered, that on the day of

one thousand eight hundred and A. B.,

of C. D., of and E. F., of

came personally before us, G. H. and I. K.,

Esquires, justices of the peace, acting in and for the district (or, town) of in the said colony (or any of its dependencies, as the case may be,) and acknowledged themselves to owe to our

Lady the Queen, to wit, the said A. B. the sum of chattels, lands and tenements, to the use of our said Lady the Queen, her heirs and successors, in case default shall be made in the perform- ance of any of the conditions hereunder written.

pounds, the said C. D. the sum of pounds, and

the said E. F. the sum of pounds of lawful money of

The conditions of this recognizance are such, That whereas the said A. B. is to be licensed, pursuant to the "Public House Ordinance, 1856," to retail fermented and spirituous liquors on board the steam.

packet (or other vessel, as the case may be) carrying passengers between

(name the place)and (name 'the place) beim>. places within.

the Colony of Western Australia and its dependencies,whereof the said

9. B. is master (or, commander, or, owner, or, owners) during the

I ctual passage of the said vessel between one such place and another; f the said A. B. do not sell or dispose of any such liquors as afore- ;aid, or permit the same to be sold or disposed of while the said vessel

s lying in any port or harbour, or otherwise contrary to law or the

3onditions of his license ; and do not permit any person to become

drunk, or supply or permit any liquor to be supplied to any person in

a state of intoxication, or commit or suffer to be committed, any disor- der on board the said vessel, then the said recognizance to be void ; otherwise to remain in full force.

Taken and acknowledged the day and year above writ-

ten, before us,

G. H., J. P.

I. K., J. P. [ins.]

IMENIMI!

20th Viet. No. 1, 1856.

D.

Form of Confectionei's License.

Whereas A. B., of hath deposited in this

office a certificate from the major part of the justices of the peace

assembled at the annual licensing meeting, (or, at a special ses-

sions,) held at on the day of

in the year of our Lord one thousand eight hundred. and authorising the issue to the said A. B., (under and by virtue of the " Public House Ordinance, 1856,") of the license in the said Ordinance called a confectioner's license, for

the shop (or, rooms) of the said A. B. in the town (or, district) of

limited to the liquors hereinafter mentioned; and whereas the said A. B. hath paid into my office the sum of ten shillings sterling as the duty on such license: Now, I, the Collec-

tor of Internal Revenue of the said colony, (or other person appoint-

ed by the said Governor for the purpose of issuing licenses under the said Ordinance, as the case may be,) in virtue of the powers vested in.

me by the said Ordinance, do hereby license the said A. B. to sell ginger beer and spruce beer, but no other fermented liquors, nor any spirituous liquors, or mixed liquors part whereof is spirituous,

in the shop (or, rooms) of the said A. B., situated in

aforesaid; and this license shall commence upon the

day of next, and continue in force until the

day of then next ensuing, both days inclusive, provi- ded it be not forfeited in the mean time, according to the provisions of the said Ordinance.

Given under my hand and seal at this

day of one thousand eight hundred and

N. 0. (o.s.)

Collector of Internal Revenue,

(or other person, as the case may be.)

Registered,

P. Q

1856.                20th Viet. No. 1

D

Form of Notice of Application for a Confectioner's Lice)

To the Worshipful the Justices of the Peace, acting in and for the district of , in the colony of West- ern Australia.

I, A. B., (state the trade or occupation, and if married or single) now residing at , do hereby give notice, pursuant to the " Public House Ordinance, 1856," that it is my intention to apply at the next Annual Licensing Meeting to be holden for this district, for the license in the said Ordinance called a Confectioner's License, for the sale of ginger beer and spruce beer in the shop, (or, rooms) which I now occupy, (or, intend to occupy) situate at

(here describe the house proposed to be li- censed, specifying the situation of it, the number and description of rooms which the license is applied for, the person of whom the house is rented, the present occupier, and whether now licensed.)

I have held a license (if before licensed, state how many years, for what kind of license, and what district.)

Given under my hand this	day of	one
thousand eight hundred and

A. B.

E.

Form of Certificate by Justices to authorise the granting of a License.

Western Australia 1

to wit.

At the Annual Licensing Meeting (or, an adjournment of the an-

nual licensing meeting) of Her Majesty's justices of the peace acting

in and for the district of holden at

on the in the year of our

day of

Lord one thousand eight hundred and , pur- suant to the " Public House Ordinance, 1856," for the purpose of considering applications made to us for licenses pursuant to the said Ordinance; we, being the majority of the Justices assembled at the

20th Viet. No. 1. 1856.

said Sessions, (or,I, being the only Justice present after such adjourn- ment of the said Sessions, and notice as required by the said Ordi-

nance), do, in virtue of the power vested in us, (or, me) hereby au- thorise the Collector of Internal Revenue, (or, other proper officer)

to issue to A. B. of , the license in the saidOrdi-

nance called for (here state the house, sign, district, shop, room, steam packet, vessel, or other particu- lars, according to the description of license and nature of the case ; and if a confectioner's license, specify the particular liquors allowed to be sold) for 'the year commencing from the

day of next; and we do hereby certify that we are satisfied the said A. B. is a person of good fame and reputation, and fit and proper to be licensed as aforesaid ; and also that we have taken from the Said A. B. and his sureties, C. D., of

and E. F., of , a recognizance in the

sum of pounds each, according to the form prescribed in the said Ordinance ; and with the further special conditions fol-

lowing, that is to say, (here mention any special conditions which the

justices may see fit to impose and insert in the recognizance.)

Given under our hands and. seals the day of

one thousand eight hundred and	at the place
aforesaid."

G. H., J. P. I. .K, J. P.

F.

Form of temporary License to sellfermented and spirituous liquors at Public Fairs,

Western Australia}

to wit.

Be it remembered, that on the day of one

thousand eight hundred and A. B., of holdingb

a license, (describe the nature thereof, and the house,plaee, or district for which the same is granted) and having applied to the justices assembled

in Petty Sessions for authority to exercise the privileges of the said li-

cense at a public fair, (or other place of amusement, as the case thew be) to be hoiden at . on the day of

Now we, being the majority of the justices

1856.              20th ViOt, No. 1.

assembled at such petty sessions as aforesaid, do hereby grant to the said A. B. authority to exercise the said license at the said fair (or other place of amusement) on the said day of between the hours of .in.the morning, and in .the evening: Provided always: (here add any conditions which the justices may see fit to attach to the grant of the permission appliedfor.)Given under our hands on the day and year aforesaid..

C. D., P.

E. F., J. P.

G.

Form of Indorsement on License of a transfer thereof.

Be it remembered, that we, the undersigned, being the majority of the Justices present at a Special Petty Sessions held for the purpose of transferring licenses, do hereby, upon the application of the within named N. B., transfer the rights and privileges of the within license to G. H. for the residue of the termfaff.Wgich the same has now to run, the said G. H. having first exhibited the certificate, and. entered into the recognizance required by law.

C. D.; J. P. E. F., J. P.

H.

Form of Indorsement on License of Change of House and Premises.

Memorandum—That upon the certificate of the proper justice, that the within named G. H. has entered into a new recognizance as required by law, upon an application for a change of the house and premises in which a license is exercised : I do hereby declare that the within license shall henceforth cease to apply to the house and premises therein described, and shall apply, instead thereof, to

20th Viet. No, 1. 1856.

the house and premises occupied (or, about to be occupied) by the

said G. H., situate (describe as in original license.)

C. D.,

Collector of Internal Revenue,

(or other person, as the case ?nay be,)

PERTH; WESTERN AUSTRAL/A: PRINTED BY AUTHORITY OP THE GOYERNMENT, BY STIRLING,

BROM. & COMPANY.