Sale of Liquors Licensing Act of 1862 No 4a (NSW)
No. XIV.
An Act to consolidate and amend the Laws re
lat ing to Licensed Publicans. [20th January, 1862.]
| WH E R E A S it is expedient | re la t ing to t he sale of F e r m e n t e d and | Spir i tuous | L iquors | and |
to a m e n d and consolidate t he Laws
t h e g ran t ing of Licenses Be i t therefore enacted by t h e Queen ' s Mos t Exce l len t Majesty by and wi th t he advice and consent of t he Legis la t ive Counci l and Legis la t ive Assembly of N e w South W a l e s in Pa r l i amen t assembled and by the au tho r i t y of t he same as follows :—
1. The Acts of Counci l t h i r t e e n t h Victor ia n u m b e r twen ty-
n ine and seventeenth Victoria n u m b e r six arc hereby repealed.
2. Eve ry t e r m used in th i s A c t impor t i ng t he commission of
any offence shall inc lude and apply to the wilfully p e r m i t t i n g or suffering t h e commission of a l ike offence by any other person and shal l r ender the person so wilfully p e r m i t t i n g or suffering l iable to t h e l ike penal t ies a n d consequences u n d e r th i s Ac t as would by any of t h e provisions hereof a t tend the ac tua l commission of the l ike offence A n d t h e following t e r m s in inver ted commas whenever used in . this
| Ac t shal l unless t he contex t otherwise indicate bear t h e mean ings | set |
| against t h e m | respect ively— |
Terms. Meanings.
" L i q u o r " — A n y fermented or spi r i tuous l iquor or any mixed
l iquor pa r t ly fermented or par t ly spi r i tuous .
" Dis t r ic t"—-Any ci ty town or distr ict w i th in t h e l imits of which any Cour t or Jus t i ce have jur i sd ic t ion or over which t h e powers privileges or au thor i t ies of any l icense ex tends
according to t h e contex t .
" J u s t i c e s " — J u s t i c e s of t h e Peace . " Clerk of P e t t y Sess ions"—Such Clerk or any o ther person duly appointed and author ized to perform his dut ies d u r i n g absence or otherwise .
3 . Eve ry person who shall sell in any house or place in t he
| Colony any l iquor w i t h o u t | a license | g ran ted | u n d e r t h i s | A c t | shall | be |
| l iable to a pena l ty for t h e first such offence of t h i r t y pounds and for every subsequent such offence of fifty pounds toge ther wi th full costs in every such case a n d also shall be l iable if t h e convic t ing Jus t i ces t h i n k fit to impr i sonmen t for t h e first such offence for any t e r m not exceeding t h r ee m o n t h s and for every subsequent such offence for any t e r m no t exceeding six m o n t h s wi th or wi thou t ha r d labor Provided t h a t th i s shall no t apply to any person selling any distil led or spi r i tuous per fume real ly as perfumery and no t for d r ink ing nor to any person who pract ises as a n apothecary chemist or d ruggis t admin i s te r ing or sel l ing any spir i ts as medic ine or for medic ina l or chemical purposes nor to any person who being duly registered as a wholesale spiri t dealer shall dispose of any quan t i t y of l iquor if such quan t i t y do not inc lude less t h a n two gallons of any one and the same descript ion of l iquor and is no t delivered in quant i t i es less t h a n two gal lons a t one t i m e no r to any duly registered brewer nor t o any wholesale dealer in wine or beer sell ing and del ivering t h e same in quant i t i es of not less t h a n two gal lons , of one and t h e same k ind and a t one and t h e same t ime nor to any grower or m a k e r of wine cider pe r ry beer or o the r fermented l iquor made from grain or fruit t he produce of t h e Colony selling t h e same in any quan t i ty no t less t h a n two gal lons a t one | t ime |
t ime or in any less quan t i ty if sold on the premises on which such wines or l iquors las t aforesaid are m a d e no r to any confectioner or o ther person selling ginger beer spruce beer or o ther refreshing dr ink not be ing sp i r i tuous or fe rmented nor to any Mi l i t a ry Canteen duly established
u n d e r t h e regula t ions of H e r Majes ty ' s Service.
4. Licenses of t h e following k inds a n d designated as follows and no o thers may be g ran ted unde r th is Act namely Pub l i can ' s Licenses and Packe t Licenses. 5. Eve ry Pub l i can ' s License shall be in the form of t he Schedule here to m a r k e d A a n d m a y be g ran ted to any innkeeper or publ ican who shal l thereby be author ized to sell all or any l iquor in any quan t i t y b u t only in t h e house or on t h e premises specified in such license.
6. E v e r y Packe t License shal l be in t h e form of t he Schedule
hereto m a r k e d B a n d m a y be gran ted to t h e mas te r or commander of any s team or other vessel m a k i n g passages a n d conveying passengers
from a n y place w i th in t h e Colony or i t s dependencies to any o ther such place A n d such mas te r or commander shal l the reby be author ized d u r i n g any such ac tua l passage of such vessel to sell any l iquor to any passenger t h e n on board Provided t h a t no th ing in th i s A c t shall p reven t or render pena l any al lowance of l iquor to t he crew of any vessel such al lowance no t be ing forbidden by any o ther law in force for t h e t i m e being.
7. A n y two Jus t i ces in P e t t y Sessions may g r a n t a n au thor i ty
in t h e form of t h e Schedule here to m a r k e d D to any holder of a Pub l ican ' s License to exercise for t h e t e r m the re in specified all t h e privi leges g ran ted by his said license a t or in any lawful or accustomed race mee t ing or o the r lawfully au thor ized place of publ ic general a m u s e m e n t held wi th in t h e distr ict for which such l icense is g ran ted Provided t h a t such race m e e t i n g or o ther place of amusemen t be n o t d is tan t more t h a n t en miles from the house shop or place in respect of which such license is g ran ted .
8. N o license shal l be g r an t ed or t ransferred unde r th i s A c t to
any person hold ing office or employment unde r t he Gove rnmen t nor to any constable or bailiff nor to any licensed auct ioneer nor to any person ac tual ly serving under a sentence for any cr iminal offence nor in respect of any premises of or in which any constable or bailiff is t he owner landlord or propr ie tor or has any in teres t .
9. Every person desir ing to obta in any license unde r th i s Act
shall on or before t he last Tuesday in M a r c h if t he appl icat ion is to be
made at t he A n n u a l Licens ing M e e t i n g a n d if a t any M o n t h l y Special Sessions for l icensing on or before t h e th i rd Tuesday of t h e n e x t preceding m o n t h deliver t o t h e Clerk of P e t t y Sessions for t he distr ict wi th in which such l icense is to be exercised a not ice in wr i t i ng of his in ten t ion to apply for t h e same in t h e form of t he respective Schedules here to m a r k e d A 1 or B 1 according to t h e descript ion of l icense
requi red such not ice inc lud ing all t h e pa r t i cu la r s pu rpor t ed to be there in respectively contained Provided t h a t as to Packe t Licenses every such appl icat ion if in respect of a vessel p ly ing to or from P o r t J ackson shall be m a d e to t h e Jus t i ces of Sydney and otherwise to t he Jus t ices of or usua l ly resident in any town or place of usual depa r tu re or ar r iva l Provided also t h a t if any l icense be refused by any n u m b e r
of Jus t i ces no such license shal l be g r an t ed by any less n u m b e r of Jus t i ces nor u n t i l one m o n t h shall have elapsed from t h e first refusal. 10. The Clerk of every P e t t y Sessions shal l cause a list of the names of all such appl icants for a Pub l i can ' s License together wi th the i r places of abode and the descript ions of licenses applied for to be posted on or before t h e first Tuesday in Apr i l in every year if t h e appl icat ion is to be made at the A n n u a l Licensing Meet ing and if at any M o n t h l y
Special
Special Sessions for l icensing on or before t h e th i rd Tuesday of t h e n e x t preceding m o n t h in some conspicuous place inside a n d also outs ide every Cour t in which such P e t t y Sessions shall be held and to be k e p t so posted un t i l after such appl icat ions shall be disposed of as
| hereinaf ter | ment ioned . |
1 1 . A genera l mee t ing to be called t h e A n n u a l L icens ing
Meet ing of t h e Jus t i ce s ac t ing for or usua l ly res iding in each dis t r ic t or r epu ted distr ict in which the re shall be a Cour t of P e t t y Sessions shall be holden in the Cour t House or usua l place of mee t ing a t noon on the t h i r d Tuesday in Apr i l in every year for t h e express purpose of consider ing all appl icat ions for licenses unde r th i s A c t Provided that whenever t h e r e shal l be fewer t h a n th ree such Jus t i ces ac t ing for or res ident in any distr ict where such meet ing shal l be held t h e n the n u m b e r of Jus t i ces n o t fewer t h a n two so ac t ing or res ident m a y
| cons t i tu te such m e e t i n g and proceed wi th t he business | thereof. |
12. The Jus t i ces forming such mee t ing or any two of t h e m
| m a y adjourn t h e considerat ion of all or any such applicat ions | from |
t h e day of such A n n u a l Licensing Mee t ing to such o ther day as they shall agree upon and so from t ime to t ime b u t not longer in t he whole t h a n one m o n t h from t h e day appoin ted for such A n n u a l Licensing Meet ing .
13. Wheneve r on t he day and at t he h o u r of any such A n n u a l
Licensing Mee t ing or of any ad journment thereof the re shall no t be two Jus t i ces usual ly ac t ing for or res iding in t h e distr ict present at t h e Cour t H o u s e or other appoin ted place any one J u s t i c e ac t ing for or res ident in such distr ict be ing present may adjourn or fur ther adjourn such mee t ing for one week no twi th s t and ing the l imi ta t ion last aforesaid and may cause not ice of such ad journment to be given to all
| t h e o ther Jus t i ces ac t ing for or res ident in such | distr ict . |
14. Eve ry such original or adjourned A n n u a l l i c e n s i n g Mee t ing
shall be held in open Cour t and the considerat ion of every application and of every objection the re to shall be deemed to be a judic ia l proceed ing and any person m a y oppose any such applicat ion upon giving four days not ice in wr i t ing to t he appl icant A n d the Jus t ices m a y and shall hea r inqu i re in to and de te rmine all such objections and may examine on oa th any witnesses and may g ran t to every such person as shall be approved of by such Jus t ices or t he majori ty of t h e m a cert i
| ficate | in t h e form | of t he | Schedule | here to | m a r k e d | C au thor iz ing a |
| l icense to issue | Provided t h a t no such certificate shall be granted |
| un t i l t h e person so approved of shall have satisfied t he Jus t i ces | that |
| t h e requis i te notice has been given. |
15 . The Clerk of P e t t y Sessions shal l cause a not ice of such A n n u a l Licensing Mee t ing to be inser ted in t h e Gazette and to be affixed outside t h e door of t he Cour t in which t h e same is appoin ted to be holden a t least one m o n t h before t he hold ing thereof B u t no omission or i r regular i ty in any such not ice shall affect t h e au thor i ty of any such m e e t i n g if in other respects conformable to th is A c t and every such Clerk shall give notice of t he t ime of holding such original or adjourned mee t ing to every Jus t i ce ac t ing for or usua l ly resident in such distr ict A n d every such Jus t i ce is hereby requi red to a t t end such mee t ing unless prevented by sickness or o ther unavoidable cause A n d any such Clerk failing or neglec t ing to give any such notice shal l be l iable for each such omission to a penal ty not exceeding five pounds .
10. N o J u s t i c e who shall himself be a registered brewer or wholesale spiri t dealer or be concerned in pa r tne r sh ip wi th a common brewer ma l s t e r or distiller or re tai ler of l iquors shall act in or be present at any or iginal or adjourned A n n u a l Licensing Mee t ing or a t any Special Session for g r an t ing or t ransfer r ing certificates for licenses
6 C—VOL . 4. unde r unde r th i s Ac t or t ake p a r t in t h e discussion or adjudication upon any applicat ion for any license or certificate A n d no Jus t i ce shall act u p o n any of t h e aforesaid occasions in t h e case of any house licensed or about to be licensed u n d e r th i s A c t of which he shall be t h e owner or landlord or for t h e owner or landlord of which he shal l be manage r or agent or pa r tne r in any other t r ade or cal l ing or in which he shall be in any way directly or indi rect ly in teres ted A n d every Jus t i ce who be ing so disqualified shall knowing ly or wilfully so act shall for every such offence be l iable to a penal ty n o t exceeding one h u n d r e d pounds
to be recovered by act ion of debt in t h e Dis t r ic t Cour t of t h e district Provided t h a t no t h ing here in shall diqualify any Jus t i ce by reason of t h e legal es ta te only in such house be ing vested in h im as t rus tee for a n y o ther person or for any char i table or publ ic use or purpose Provided also t h a t no t h ing here in shall disqualify any Jus t ice by reason only of his sell ing any wine m a d e from grapes of his own growing.
17. A n y Jus t i ces by w h o m any such certificates shall be
g ran ted unde r th i s Ac t shal l w i th in four teen days after t h e g r a n t i n g thereof t r ansmi t to t h e Colonial Treasurer or o ther officer appointed to issue licenses unde r th i s Ac t a list s igned by two Jus t i ces a t least specifying t h e names and residences of all t he persons to w h o m such certificates shal l have been g ran ted and t h e n a t u r e of t h e license author ized by each such certificate and specifying fur ther wi th regard to all Pub l i cans ' Licenses t h e s i tuat ion and sign or n a m e of each house and t h e s t reet road or place in which i t is s i tuated.
18. E v e r y such certificate shal l be void unless t he same and the s u m requ i red to be paid for t h e license the reby author ized be lodged in t he office of t h e Colonial Treasurer or o ther appointed officer on or before t he th i r t i e th day of J u n e n e x t after such A n n u a l L icens ing
Mee t ing w h e n t h e said license was g ran ted or wi th in th i r ty days after t h e same was g ran ted if g ran ted a t a Special Pe t t y Sessions A n d t h e Colonial Treasure r or o ther appoin ted officer m a y and shall for thwith after receipt of every such certificate issue and regis ter in his office a l icense in t he form hereby prescr ibed according to t h e t eno r of each such certificate upon p a y m e n t of t he sum of t h i r t y pounds for every
Pub l i can ' s License a n d of five pounds for every P a c k e t License. 19. No twi th s t and ing default in lodging any such certificate or in p a y m e n t of t h e s u m so requi red wi th in due t ime the Governor
may
if he shall sec fit upon a s t a t emen t of t h e c i rcumstances direct t h e issue of t h e l icense for which such certificate shal l have been gran ted on p a y m e n t of any s u m no t exceeding t en pounds in addit ion to t h e s u m payable as hereinbefore ment ioned. 20. The Colonial Treasurer or other appointed officer u p o n a certificate in t h e proper form signed by any two Jus t i ces together w i t h t he s u m requ i red to be pa id for such license be ing lodged in his office b y any mas te r or commander as aforesaid m a y author ize t he issue of a Packe t License to h i m a t any per iod of t he year and such license shal l con t inue in force u n t i l t h e first day of J u l y nex t ensu ing
t h e da te thereof and thence from year to year upon p a y m e n t of t h e yearly fee of five pounds .
2 1 . The majori ty of t he Jus t i ces assembled at any Special Pe t t y
Sessions on any day hereinaf ter ment ioned for l icensing business m a y g r a n t to any person approved by t h e m a certificate au thor iz ing t h e issue to h im of a license and t h e Colonial Treasurer or o ther appoin ted officer m a y a n d shall upon receipt of such certificate and of a pro por t iona te fee issue a n d regis ter in his office a l icense accordingly to
con t inue in force u n t i l t h e first of J u l y t h e n nex t . 22. I n each distr ict in which such A n n u a l Licensing Mee t ings
are usual ly held Special P e t t y Sessions of Jus t i ces shal l be held on the second Tuesday in each of t h e m o n t h s of J a n u a r y F e b r u a r y M a r c h
M a y
| M a y J u n e J u l y A u g u s t September October | November and | December |
| in each and every year for l icensing business . |
23. T h e major i ty of Jus t i ces a t any P e t t y Sessions may transfer
a n y l icense from its holder to his appointee if deemed eligible and approved by such Jus t i ces by an indorsement upon the license in the form of t he Schedule here to marked E upon such appointee p roduc ing t h e l ike certificate as is r equ i red by th i s Ac t from the original appl icant Provided never theless t h a t wr i t ten not ice of such in tended t ransfer be first given by t h e pa r ty t ransfer r ing to t h e Clerk of P e t t y Sessions who shal l notify t he same to t h e pr inc ipa l police officer of t h e distr ict and if w i th in fourteen days after such not ice is given no objection is filed w i t h t he Clerk of P e t t y Sessions by t h e police t h e transfer may on t h e fifteenth day be completed by indorsement by two or more Jus t ices u p o n a certificate by the Clerk of P e t t y Sessions t h a t no police objections are filed b u t if w i th in t ha t t ime any objection or not ice of objection by the police or any o ther pa r ty be filed t h e n t h e appl icat ion shall be heard and disposed of a t a Cour t of Special P e t t y Sessions to be called for t h a t purpose no t la te r t h a n twen ty days from t h e application
| to t ransfer be ing filed wi th t he Clerk of P e t t y | Sessions. |
24. Eve ry P e t t y Sessions or Mee t ing for t ransfer of licenses shal l be held in open Cour t and every proceeding the rea t for g ran t ing \ or t rans fe r r ing licenses shall be deemed to be judicial and all objections m a y be m a d e inqu i red in to and de termined in l ike m a n n e r as hereby
| enacted | respec t ing | applicat ions | for | l icenses | a t | A n n u a l | Licens ing |
| Mee t ings . |
25. I f any appl icant for a Pub l i can ' s License shall die after
| hav ing t a k e n t h e requ i red pre l iminary | steps | for | obta in ing | the | same |
b u t on or before t h e l icensing day t h e Jus t ices m a y if they t h i n k fit g r a n t a certificate for such license to his widow in l ike m a n n e r as if she
| h a d herself been the | appl icant . |
26. U p o n t h e dea th or insolvency of any holder of a license unde r th i s Ac t his legal personal representa t ive or his official assignee m a y carry on the business as unde r the license by himself or an agen t expressly author ized in wr i t i ng by any one Jus t i ce for t h a t purpose w i t h o u t any renewal or formal t ransfer of t he license un t i l t h e l icensing day n e x t following t h e decease or ves t ing of t h e p roper ty of such holder in such representa t ive or assignee A n d such license shall be subject to t h e same regula t ions as if still held by such original holder.
27. The Jus t i ces in P e t t y Sessions or in Special P e t t y Sessions
| or any two or more of t h e m may upon appl icat ion by t h e holder of |
| any Pub l i can ' s License wi th in the i r distr ict | a t | any t ime between | the |
days for g r a n t i n g licenses b u t not u n t i l th ree days after not ice of t he appl icat ion shall have been given by t h e Clerk of P e t t y Sessions to t h e pr inc ipa l officer of police of t h e district g r a n t h i m a certificate au thor i z ing t h e Colonial Treasurer or other appoin ted officer to sign a m e m o r a n d u m indorsed upon or affixed to such l icense in t he form of t h e Schedule here to m a r k e d F by v i r tue whereof such license shall be made to apply and shal l apply to t h e house a n d premises (unless repor ted unfit by such officer of police) ment ioned in such certificate a n d shall cease to apply to the house and premises for which the same was originally g ran ted Provided always t h a t four teen days notice of such in tended removal be first duly given as unde r t h e n i n t h section, of th i s A c t and t h a t any person opposing such appl icat ion for removal
| shall give seven days not ice in wr i t ing to t h e | appl icant . |
28. Every transfer of a license w h e t h e r from one person to ano the r or au thor iz ing any such change of house shall wi th in fourteen days after t he da te thereof be repor ted to t h e Colonial Treasurer or o ther appointed officer by the Clerk of Pe t t y Sessions who shall be
liable
l iable to a pena l ty not exceeding five pounds for every default in
m a k i n g such repor t . 29. Eve ry person hold ing a license unde r th is Ac t who shall knowing ly allow any person to use cards or dice or a n y other ins t ru m e n t or cont r ivance for the purpose of gaming in or abou t his house premises or appur t enances used for publ ic accommodat ion shall for every such offence be l iable to a pena l ty no t exceeding twen ty pounds inc lud ing costs Provided t h a t on appl icat ion to any Cour t of P e t t y Sessions a wr i t t en permission may be given by such Cour t to any licensed person u n d e r th i s A c t wi th in t h e distr ict to allow the game of bil l iards or bagate l le to be played in his l icensed house on any day except ing Sunday Good F r i d a y and Chr i s tmas D a y on p a y m e n t to the Colonial Treasure r of t en pounds for bi l l iards and five pounds for bagatel le in addi t ion to t h e license fee.
30. Every person who shall have or keep any house room shop or place of publ ic resor t where in provisions l iquors or refreshments of any k ind shall be sold or consumed whe the r k e p t or retai led there in or p rocured elsewhere and w h o shall knowingly permi t or suffer in such house room shop or place any d runkenness or o ther disorderly conduct or any unlawful game or g a m i n g whatsoever or p ros t i tu tes or persons of notor iously bad charac ter to assemble a t or con t inue the re in shall for every such offence be l iable to a pena l ty no t exceeding t en pounds .
3 1 . E v e r y holder of a Pub l ican ' s License shall have his n a m e in
legible l e t t e r s at least two inches long wi th t h e words " Licensed to retail fermented and spirituous liquors " pa in ted and constant ly remain ing a n d pla inly to be seen a n d read on a conspicuous front outside p a r t of h is house or premises A n d every such holder failing or neglec t ing to comply wi th th i s regu la t ion shal l for every such offence be liable to a pena l ty n o t exceeding two pounds .
32. Every holder of a Pub l i can ' s License shal l keep a l amp
affixed over t h e door of h is house or wi th in twen ty feet thereof l ighteda n d to be k e p t b u r n i n g t h e whole of each and every n i g h t from sun
set to sunr ise A n d every such l a m p shall have if l i t by oil a t least two b u r n e r s or if lit b y gas one b u r n e r A n d in default hereof such holder shall for every offence be l iable to a pena l ty n o t exceeding two pounds .
33 . Every house for which a Pub l i can ' s License shall be g ran ted
shal l from the t i m e of g r a n t i n g t he same conta in a t least two modera te -
sized s i t t ing-rooms a n d two sleeping-rooms cons tant ly ready and fit
for publ ic accommodat ion a n d shall be provided wi th a decent place
of convenience on or nea r t h e premises for t h e use of t h e cus tomers thereof so as to p reven t nuisances and offences agains t decency A n d shal l also du r ing t h e con t inuance of such license be provided with s tabl ing sufficient for four horses a t least and wi th a sufficient supply of wholesome and u sua l p rovender for t h e same Provided t h a t t h e Jus t i ces g r a n t i n g a certificate for any such license wi th in Sydney a n d i ts suburbs m a y by a n indorsement thereon in wr i t ing dispense wi th the said accommodat ion for horses or such p a r t thereof as they m a y
t h i n k fit.
3 1 . N o holder of a Pub l i can ' s License upon any l ine of road or publ ic way in t h e Colony shall if the re be accommodat ion refuse to receive any t ravel ler as a guest in to his house or to supply h i m wi th food or lodging or to receive his horse or horses or to provide any such horse wi th sufficient provender whe the r t h e owner lodge in his house or n o t unless t he t ravel ler be intoxicated or a k n o w n disreputable person A n d every such holder offending against th i s enac tmen t shall for each such offence be l iable to a pena l ty no t exceeding five pounds .
35 . I t shall no t be lawful for any licensed pub l ican to pe rmi t
music or dancing in any pa r t of his licensed house which is open to
publ ic
publ ic resor t unless by t he permission in wr i t ing of one or more Police Magis t ra tes or of any two Jus t ices of t h e Peace of the district in which the house shal l be s i tuate in Pe t ty Sessions assembled which per mission m a y be revoked at any t ime by such Pol ice Mag i s t r a t e or
| Magis t ra tes | or by t h e same or any o ther two Jus t i ces in | P e t t y |
| Sessions assembled | A n d every person offending against th is enact |
m e n t shall be l iable to a pena l ty no t exceeding ten pounds .
36. Eve ry house in respect of which a Publ ican ' s License shall have been g ran ted shall be held in law to be a common i n n A n d no goods or chat te ls whatsoever really t h e p rope r ty of any s t r anger and being in such house or i ts appur tenances or any place ordinar i ly used or occupied the rewi th shall be liable to be distrained or seized for r en t due for such house or appur t enances or in respect of any o ther claims whatsoever agains t t h e same or t h e owner thereof A n d if any such
| goods or chat te ls shall be dis t ra ined | or seized con t ra ry to th i s | enact |
m e n t any two Jus t i ces may summar i ly inqu i re in to such m a t t e r upon t h e compla in t of any person suffering the reby and may order a n y t h i n g so dis t ra ined or seized to be restored to i t s owner or propr ie tor
| A n d m a y award and enforce p a y m e n t of reasonable | costs of | t he pro |
| ceedings against t h e person so d is t ra in ing or seizing. |
37 . N o person shall ma in ta in any act ion for or recover in any Cour t any debt or demand for any l iquors sold or disposed of in any less quan t i t y a t one and the same t ime t h a n two gallons of one and the same l iquor except to bond fide lodgers and travel lers .
38. Eve ry holder of any license u n d e r th i s Ac t who shall t ake
or receive from any person in p a y m e n t or in pledge for any l iquors or en t e r t a inmen t supplied in or out of his house or premises any art icle or t h i n g whatsoever except meta l l ic or paper money or a cheque pro missory note or order for money shall for every such offence be l iable to a pena l ty not exceeding t en pounds wi thou t prejudice to any other
| pena l ty | or | p u n i s h m e n t | u n d e r | any | o ther | law. |
39. Every holder of a license u n d e r th i s Act shall measu re all l iquors to be sold in any quan t i ty not less t h a n half a p in t in vessels sized to full I m p e r i a l measure according to t h e s t andard by law estab lished in th is Colony A n d shal l if r equ i red by any purchaser deliver t h e same in a vessel sized according to such s tandard A n d every such holder offending against th is enac tmen t shal l for every such offence be l iable to a pena l ty no t exceeding five pounds .
| 40. N o holder of a license unde r th i s Ac t shall keep his house to be d r u n k or consumed in his house or premises except between t h e | open for t h e sale of any l iquors or sell any l iquors or pe rmi t t he same | |
| hour s of four in t h e m o r n i n g and twelve a t n igh t on t h e six business days of t h e week a n d except between t h e hours of six a n d n ine in t he m o r n i n g a n d of one and th ree in t he afternoon and eight and t en a t n igh t on Good Friday and Chr is tmas D a y and except between t h e hour s of one and t h r ee in t he afternoon on Sundays and on t h e th ree | ||
| ||
| on t h e premises A n d every such holder offending against any p a r t of th is enac tment shall for every such offence be liable to a penal ty no t exceeding two pounds A n d every separate such sale shall be deemed a separate offence Provided t h a t n o t h i n g here in shal l prohib i t t h e sale of any l iquors at any t ime to any person be ing real ly a lodger or i n m a t e or a t ravel ler on a journey seeking refreshment Provided also t h a t any person d r ink ing l iquors in any such licensed house or found in t h e A c t of leaving the same with l iquors in his possession a t any t ime not wi th in t h e hours and days hereinbefore respectively specified such person shall for every such offence be liable to a pena l ty n o t exceeding twenty shil l ings. |
4 1 . I f any holder of a l icense unde r th i s Ac t shall be convicted
of felony or shall be convicted by any two Jus t i ces of abandon ing his l icensed house as his usua l place of residence his license shall there upon become and be absolutely void and the house or place in respect of which such license was g ran ted shall be he ld to be unl icensed accordingly.
42. A n y J u s t i c e ac t ing for a n y distr ict in which any riot or
t u m u l t shall arise or be apprehended to arise m a y order t h a t any holder of a license u n d e r th i s A c t keep ing any house s i tuate wi th in such distr ict shall close his house a t a n d du r ing any t ime according to t h e discret ion of such Jus t i ce A n d every such holder keeping open his house wi th in any t ime du r ing which such Jus t i ce shall have so ordered t h e same to be closed shall be liable to a pena l ty n o t exceeding
ten pounds . 43 . A n y Super in tenden t Inspec tor Chief Constable or Sergeant of Police himself observing or any Dis t r ic t Constable or any Constable specially author ized in wr i t ing signed by any one Jus t i ce of the Peace in any par t icu la r ins tance or any such Officer or any Constable of Police hav ing his a t t en t ion d r a w n by the publ ican to a n y dispute or d i s turbance ac tua l ly occur r ing in any licensed public-house by reason of any disorderly person being the re in m a y en te r t he same a t any t ime by day or n i g h t and remove every such person and deta in h im u n t i l t aken before a Ju s t i ce and such person shall on convict ion before such J u s t i c e of be ing d r u n k and disorderly be l iable to a penal ty no t exceeding forty shil l ings A n d if admi t t ance be refused or wilfully delayed to any such Super in tenden t Inspec to r Chief Constable or Sergeant or Dis t r ic t Constable or Constable specially author ized as aforesaid or he be p reven ted from en te r ing such house he may wi th such assistance as he deems necessary en te r t h e same by force for any lawful purpose unde r th is Ac t A n d the person gu i l ty of such wilful delay or p revent ion shall be l iable to a pena l ty no t exceeding ten pounds .
44. E v e r y holder of any license u n d e r th i s A c t who shal l
employ any unl icensed person to sell by retai l any l iquor in any house or premises car t carr iage vessel boa t or o ther place whatsoever ou t of t he house or place in which such licensed person is au thor ized to sell t h e same by his l icense or in such las t -ment ioned house or place other wise t h a n as t h e servant or agen t of and for t h e use and benefit of and answerable and accountable to such holder shall for every such offence
be liable to a pena l ty no t exceeding t w e n t y pounds .
45. A n y person who shal l sell or offer for sale any l iquor which
shal l have been adu l t e ra ted or mixed wi th any deleterious ingred ien t shal l for every such offence be l iable to a pena l ty no t exceeding fifty pounds to be recovered before any two or more Jus t i ces upon t h e oath of any competen t person and all l iquors so adul te ra ted or mixed shall be seized forfeited a n d for thwith destroyed.
46. Every person not hold ing a license u n d e r this A c t w ho shall keep u p any sign wr i t ing pa in t ing or o ther m a r k on his house or premises which may imply or give reasonable cause for bel ieving t h a t such house or premises is or a re licensed for t h e sale or ba r t e r of any l iquors or t ha t l iquors are sold or served the re in shall for every such offence after not ice be l iable to a pena l ty n o t exceeding two pounds .
47. Every holder of a l icense u n d e r th i s A c t who shall offend
agains t any of i ts provisions in m a t t e r s for which no penal ty is here inexpressly provided shall for every such offence be liable to a pena l ty
no t exceeding two pounds . 48. Every Clerk of P e t t y Sessions who shall wilfully neglect
or refuse to execute any du ty imposed on h i m by th is Ac t shal l for
every
every such neglect or refusal be liable to a penalty not exceeding ten pounds and no application shall be prejudiced or delayed by any such neglect or refusal.
49. Upon proof being given to the satisfaction of any Justices in Petty Sessions assembled that any person shall by the excessive use of spirituous or fermented liquors so mis-spend waste or lessen his estate as thereby to expose himself or his family to want or indigent circumstances or greatly to injure his health or endanger the loss thereof such Justices shall in writing under the hands of any two of them forbid all persons licensed under this or any former Act for licensing publicans and also all storekeepers and other dealers in such liquors to sell to him any spirituous or fermented liquors for the space of one year and may at the same or any other time in like manner forbid the selling of any such liquors to such drunkard by any such licensed person storekeeper or other dealer of any other place to which he may he likely to resort for the same.
50. If any master or other person employing journeymen workmen servants or laborers shall pay or cause any payment to be made to any such journeymen workmen servants or laborers in or at any house in which any of the liquors aforesaid shall be sold by retail lie shall for every such offence forfeit and pay any sum not exceeding live pounds Provided always that nothing herein contained shall extend to any licensed person paying his own journeymen workmen servants or laborers in his licensed house.
51. Whenever any Justice or any officer or constable of police shall find any person drinking liquor in any reputed disorderly house or in any unlicensed house shop store or other building or in any booth shed hut tent stall or place where liquor shall be sold by retail and the license for such sale shall not on demand be produced to such Justice or constable he may apprehend not only the person appearing to have the management and control of but also every person so found drinking in such house or other place as aforesaid And every such person so selling shall upon conviction before any two Justices be liable for every such offence to a penalty not exceeding thirty pounds and the persons so drinking each to a penalty not exceeding forty shillings Provided that any person so found drinking by informing against the seller for his offence against this enactment or voluntarily becoming a witness against him in respect of such offence if required by the prosecution may by any such Justice be relieved from paying such penalty or any part thereof.
| 52. I n all proceedings under this Act against any person charged with unlawfully selling any liquors in a reputed disorderly house proof of the reputation of such house and of such person being the owner thereof to the satisfaction of the Justices shall be sufficient evidence upon which such Justices may convict as well the persons so found drinking in such house as the proprietor thereof. |
53. The delivery of any liquors shall be sufficient prima facie evidence of sale within the meaning of this Act so as to support a conviction unless satisfactory proof to the contrary shall be adduced to any Justice hearing the case.
54. All penalties under this Act not herein or by law otherwise appropriated shall be paid to Her Majesty for the public use of the Colony Provided that any convicting Justice or the presiding Judge may direct that the complainant or informer shall receive a portion of the penalty in which case the remainder of the penalty shall be appro priated to Her Majesty as aforesaid Provided also that the Governor with the advice of the Executive Council may remit the whole or any part of such penalty.
55. N o informat ion s u m m o n s order convict ion w a r r a n t or o ther
proceeding u n d e r th i s Ac t shall be quashed or avoided for w a n t of form only or be removed by certiorari in to t he Supreme Cour t A n d every informer compla inan t and defendant shall be a competent witness in his own case.
56. N o conviction shall t a k e place unde r th i s A c t u p o n any
informat ion or compla in t which shall no t have been exhibi ted or m a d e
wi th in one m o n t h nex t after t h e commission of t h e offence charged.
57. Al l penal t ies recovered by v i r tue of th i s Act from persons
convicted of d runkenness shall be paid to t h e Treasurer or o ther p roper officer of some benevolent a sy lum or o ther char i table ins t i tu t ion of t h e distr ict where t h e case shal l be heard for t h e relief of such poor persons as t h r o u g h age accident sickness or o ther infirmity are unab le to suppor t themselves Provided t h a t as to any distr ict in which the re shall be no such a sy lum or ins t i tu t ion all such penal t ies shal l be paid
towards the suppor t of t h e Benevolent A s y l u m in Sydney.
58. Al l licenses which shall be g ran ted unde r t h e au tho r i t y of
th i s A c t be tween t h e t h i r t i e th day of J u n e and first of A u g u s t in any year shall be dated on t h e first day of J u l y and all licenses which shall be g ran ted a t any o ther t ime shall be dated on t h e day on which t h e same shall be g ran ted and all such licenses whensoever g r an t ed shal l have effect on a n d after t h e day of t he da te thereof un t i l t h e first day of J u l y then nex t following and if no complaint or objection be made shall be renewed annua l ly on payment of t he du ty or l icense fee by th i s Act charged thereon respectively Provided always t h a t no licensed publ ican shall be requi red to a t t end at any A n n u a l Licens ing Mee t ing or any o the r m e e t i n g unless required by summons to do so for t h e purpose of answer ing any complaint or objection m a d e aga ins t h i m Provided never theless t h a t t he said license be not forfeited or cancelled a t t h e end of or du r ing the cur rency of any one year subse quen t to t h e original g r a n t i n g thereof and provided also t ha t on or before t h e th i r t i e th clay of J u n e in each and every succeeding year the holder of such license pay or cause to be pa id to the Colonial Treasurer or other appoin ted officer t he l ike s u m of t h i r t y pounds as t h e fee for his license for t h e succeeding year and year ly thereaf ter from year to year.
59. Every l icense lawfully issued previously to b u t subsis t ing
a t t h e commencemen t of th is A c t shall for t he purposes of th i s Ac t be deemed to be a l icense unde r th i s A c t A n d every proceeding lawfully commenced before such commencement may be cont inued and con
cluded u n d e r and according to th i s A c t and not otherwise. GO. A n y person who shal l t h ink himself aggrieved by any penal ty u n d e r th is Act imposed u p o n h i m above live pounds or by any decision of any Jus t i ce unde r or concern ing the provisions of th i s Act except concerning t h e refusal of a certificate for t h e g r a n t i n g renewal or t ransfer of a license may appeal against such penal ty or decision to the Cour t of Quar t e r Sessions according to the law in force for t he t ime being for the genera l regula t ion of appeals of such or the l ike na tu r e .
6l. Whereve r not ice of any such appeal shall have been given and such appeal shall have been dismissed or the j u d g m e n t appealed from affirmed or such appeal abandoned t h e Cour t to which such appeal shall have been made or in tended to be made may and shall adjudge and order t h e ac tua l or in tended appel lant to pay to t he Jus t i ce whose decision is appealed from such costs as shall in t h e opinion of such Cour t be reasonable A n d after refusal or neglect for fourteen days to pay such sum the said Cour t may adjudge and order t he refusing or neglec t ing pa r ty to be commit ted to gaol the re to remain un t i l such sum be paid.
G2.
62. U p o n compla in t on oa th before any J u s t i c e by any credible
person t h a t he suspects and believes any l iquor to have been sold by any person not ho ld ing a l icense u n d e r th i s Ac t in some unl icensed house or place to be specified in such compla in t and upon reasonable g rounds be ing the re in shewn for such suspicion and belief such Jus t ice m a y g r a n t a w a r r a n t to any constable to enter and search such specified house or place by day A n d such constable may break open t h e doors if no t opened wi th in a reasonable t ime after demand a n d m a y seize all l iquors which he shall t h e n and the re find and every vessel in which t h e same shal l be A n d such J u s t i c e shall g r an t a s u m m o n s to the owner thereof cal l ing upon h i m to appear before any two Jus t ices to shew how a n d for w h a t purposes he became possessed of t h e same A n d u p o n his so appear ing or if after be ing so summoned he shall fail to appear t h e said Jus t i ces shall inqu i re in to t he ma t t e r a n d if t hey shall be satisfied by reasonable proof t h a t any l iquor was in such house or place for t he purpose of being il legally sold they shall adjudge tin same a n d also every such vessel to be forfeited A n d t h e same shall be sold and t h e proceeds of the sale after paymen t t h e r e o u t of t he cost to be awarded by such Jus t i ces shall be paid over in equal moieties to t h e use of H e r Majesty and to t he informer A n d in default of such reasonable proof such l iquors and vessel shall be for thwith restored to the owner on his apply ing for t he same.
63 . A n y Jus t i ce constable or o ther peace officer may seize and
| t ake away and m a y convey to t he neares t Police Office all l iquor which they may reasonably suspect to be carr ied about for or exposed to sale in any street road footpath booth t en t store shed boat or vessel or in any other place whatsoever by any person no t holding a license to sell t h e same there in respectively and also every vessel con ta inng or used for d r ink ing or measu r ing the same and every car t dray or o ther car r iage and every horse or o ther an ima l ca r ry ing or d rawing t h e same and seize every boat or vessel conveying t h e same A n d any Jus t i ce m a y e i ther on view or on confession of t h e offender or on com pla in t made by any person wi thou t formal information and upon proof on oa th convict any such offender of ca r ry ing about for or exposing to sale such l iquors w i thou t a l icense A n d every person so convicted shal l be l iable to a penal ty no t exceeding fifty pounds A n d the con vic t ing Jus t i ce may adjudge any such l iquors vessel car t dray or other carr iage horse or other animal boat or vessel to be forfeited and may order t he same to be sold and the proceeds thereof shall be applied in t he same m a n n e r as u n d e r t h e next preceding section Provided tha t | whenever any such l iquors shall be carr ied from one place to another | |
| the bu rden of proving t h a t t h e same were not so carried for sale shall | ||
|
64. W h e n e v e r any complaint before any Jus t i ce unde r th is Act
shall no t be fur ther prosecuted or be ing fur ther prosecuted shall appear to t he Jus t i ce hea r ing the case to be wi thou t sufficient g round such Jus t i ce may award amends not less t h a n two pounds nor more t h a n twen ty pounds to be paid by t h e person compla in ing to t he person complained against for his loss of t ime and expenses A n d
| such amends may be recovered in l ike m a n n e r | as any pena l ty of like |
| a m o u n t | unde r | th i s | Ac t . |
65 . I n all proceedings unde r this A c t for the sale of l iquors wi thou t a license t he person charged shall for all t he purposes of such proceedings be deemed not to hold a license unless he shall a t the hea r ing of t h e case produce his license or shall adduce o ther satis factory proof of his hold ing a license and of the descript ion thereof.
66. I n any proceeding unde r th is Ac t against any person alleged
to be the holder of a license and l iable as such the product ion of the
Licensing Clerk 's Book of Proceedings at Licens ing Sessions wherein
6 D.VOL. 4. his his name shall appear as a person to whom a license was ordered to be granted shall be evidence of his being so licensed as therein recited Provided that any Justice may admit any other proof satisfactory to himself of any such person holding a license as alleged in such pro ceeding But if any question shall arise touching any such license then upon any appeal or otherwise before any Court of Appeal such question shall be decided only by the production of the license itself.
67. All proceedings for any infringement of any of the pro visions of this Act the hearing and determining of which is not herein otherwise specially provided for shall be had and taken by or before any two Justices of the Peace in a summary way.
68. This Act shall be styled and may be cited as the " Sale of Liquors Licensing Act of 1862."
SCHEDULES.
A.
Form of a Publican's License.
N e w S o u t h W a l e s
to wi t .
W H E R E A S A . B. of ha th deposi ted in th i s office a
certificate from the J u s t i c e s of the P e a c e assembled at the A n n u a l L i c e n s i n g M e e t i n g (or
at a Specia l P e t t y Sess ions ) he ld at on t h e day of
in the year of our Lord one thousand e i g h t hundred and author iz ing
the issue to the said A . B . under and b y v i r tue of the " Sale of L iquors L i c e n s i n g A c t of 1 8 6 2 " of the l i cense in the said A c t cal led a Pub l i can ' s L i c e n s e for the house k n o w n (or to be k n o w n ) b y the s ign of s i tuated at in the said
Colony of N e w S o u t h W a l e s .
A n d whereas the said A . B . h a t h paid into ray office the sum of t h i r t y pounds
s ter l ing as the d u t y on such l icense N o w I the Colonia l Treasurer of the said Colony (or other person appo in ted by the said Governor for the purpose of i s su ing l i censes under the said A c t as the case m a y be) in v i r t u e of the powers ves ted in m e b y the said A c t do hereby l icense the said A . B . to keep a c o m m o n I n n A l e - h o u s e or V i c t u a l l i n g - h o u s e and to sel l
f ermented and spir i tuous l iquors in a n y q u a n t i t y in the house in w h i c h he (or s h e ) now
dwe l l e th (or is about to d w e l l ) b e i n g the s ign of s i tuated at
aforesaid and in the appurtenances thereto b e l o n g i n g b u t not e l sewhere
and t h i s l icense shal l c o m m e n c e upon t h e first day of n e x t and c o n t i n u e
in force u n t i l the day of t h e n n e x t e n s u i n g both
days inc lus ive provided it be not forfeited in t h e mean t i m e according to the provis ions of the said A c t .
G i v e n under m y hand and seal at S y d n e y t h i s
day of one thousand e ight hundred and Colonial Treasurer. A 1.
Form of Notice of Application for a P u b l i c a n ' s License for an Inn or Public-house.
To the Worsh ipfu l the J u s t i c e s of the P e a c e a c t i n g in and for the D i s t r i c t of
in N e w S o u t h W a l e s .
I A . B . (state the trade or occupation) now res id ing at in the parish
c i t y town or d is tr ic t of do hereby g ive not ice t h a t i t is m y i n t e n t i o n to apply
at the n e x t A n n u a l L i c e n s i n g M e e t i n g or Specia l P e t t y Sess ions (or m e e t i n g for the
transfer of l i censes as the case m a y b e ) to be holden for t h i s d is tr ict on the day
of n e x t e n s u i n g for a Pub l i can ' s L icense for the sale of f ermented and sp ir i tuous
l iquors in the house and appurtenances t h e r e u n t o b e l o n g i n g s i tuated at (here describe the
house proposed to be licensed specifying the situation of it the number of sitting-rooms and
bed-rooms contained in it exclusive of those required for the family the person of whom rented
the present occupier whether now licensed and if so under what sign) and w h i c h T i n t e n d to
keep as an I n n or Pub l i c -house .
I am married h a v i n g a wife and chi ldren (or unmarr ied as the case may •
be ) I have h e l d a l icense (if before licensed state how many years and what kind of license)..
G i v e n under m y hand t h i s day of one thousand e ight hundred and
( S i g n e d )
B.
B.
Form of a Packet License.
New South Wales
to wit.
WHEREAS A. B. of being the master (or commander) of the steam packet (or if any other hind of vessel describe it) conveying passengers between (name the place) and (name the place) being places within the Colony of New South Wales (and its dependencies) hath deposited in this office a certificate from 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 our Lord
one thousand eight hundred and authorizing the issue to the said A. B. under and by virtue of the " Sale of Liquors Licensing Act of 1862 " of the license in the said Act called a Packet License And whereas the said A. B. hath paid into my office the sum of five pounds sterling as the duty on such license Now I the Colonial Treasurer of the said Colony (or other person appointed by the said Governor for the purpose of issuing licenses under the said Act as the case may be) in virtue of the powers vested in me by the said Act do hereby license the said A. B. to retail fermented and spirituous liquors to any passenger 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 first
| day of | next and continue in force until the thirtieth day of |
then next ensuing both days inclusive.
Given under my hand and seal at Sydney this day of one thousand eight hundred and
N. 0 . (L.S.) (Colonial Treasurer or other person
as the case may be.)
Registered—
P. Q.
B 1.
Form of Notice of Application for a Packet License.
To the Worshipful the Justices of the Peace acting in and for the District of
in New South Wales.
I A. B. being the master (or commander) 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 New South Wales (and its dependencies) do hereby give notice that it is my intention to apply at the next Annual Licensing Meeting or Special Petty Sessions to be holden for the said district for a license for the sale of fermented and spirituous liquors to the passengers on board such vessel pursuant to the " Sale of Liquors Licensing Act of 1862."
Given under my hand this day of one thousand eight hundred and
A. B.
c.
Form of Certificate by Justices to authorize the granting of a License.
New South Wales
to wit.
AT the Annual Licensing Meeting (or an adjournment of the Annual Licensing Meeting or at a Special Petty Sessions or a meeting for the transfer of licenses as the case
may be) of Her Majesty's Justices of the Peace acting in and for the district of
| holden at | on the | day of | in the year of our Lord |
one thousand eight hundred and pursuant to the " Sale of Liquors Licensing Act of 1862" for the purpose of considering applications made to us for licenses pursuant to the said Act We being the majority of the Justices assembled at the said Meeting or Sessions (or I being the only Justice present after such adjournment of the said Meeting or Sessions) and the requisite notices of application for a Publican's (or Packet) License having been duly given do in virtue of the power vested in us (or me) hereby authorize the Colonial Treasurer or other proper officer to issue to A. B. the license in the said Act called for (here slate the house sign district shop room steam packet
vessel or other particulars according to the description of license and nature of the case)
until the first day of July next and we do hereby certify that we are satisfied that the said A. B. is a person of good fame and reputation and fit and proper to be licensed as aforesaid.
Given under our hands and seals the day of at the place aforesaid
G. H. J .P . (L.S.) J . K. J .P. (L.S.) D.
D.
Form of Temporary License to sell Fermented and Spirituous Liquors at Public Fairs.
N e w S o u t h "Wales
to w i t .
B E i t r e m e m b e r e d t h a t A. 13. of h o l d i n g a l i cense (describe the nature
thereof and the house place or district for which the same is granted) h a v i n g a p p l i e d to us
o n t h e d a y of
for a u t h o r i t y to exe rc i se t h e p r i v i l e g e s of t h e sa id l i cense a t a p u b l i c fair (or other place of
amusement as the case may be) t o b e h o l d e n a t on t h e
d a y of N o w we do h e r e b y g r a n t to t h e said
A . B . a u t h o r i t y t o e x e r c i s e t h e sa id l i cense a t t h e sa id fa i r (or other place of amusement)
on t h e sa id d a y of b e t w e e n t h e h o u r s i n t h e m o r n i n g
a n d in t h e e v e n i n g P r o v i d e d a l w a y s (here add any conditions which the
Justices may see fit to attach to the grant of the permission applied for.)
G i v e n u n d e r o u r h a n d s on t h e d a y a n d y e a r a foresa id .
C . D . J . P . ( L . S , )
E. F . J . P . ( L . S . ) E.
Form of Indorsement on License of a Transfer thereof.
B E i t r e m e m b e r e d t h a t we t h e u n d e r s i g n e d b e i n g t h e m a j o r i t y of t h e J u s t i c e s p r e s e n t at a
Spec ia l P e t t y Sess ions for t h e d i s t r i c t of h e l d a t
for t h e p u r p o s e of t r a n s f e r r i n g l i censes do h e r e b y u p o n t h e a p p l i c a t i o n of t h e w i t h i n n a m e d
t r a n s f e r t h e r i g h t s a n d p r i v i l e g e s of t h e w i t h i n l i cense
to for t h e r e s i d u e of t h e t e r m for w h i c h t h e s a m e h a s n o w to
r u n t h e sa id h a v i n g first e x h i b i t e d t h e cer t i f ica te r e q u i r e d b y l a w
a n d h a v i n g p r o v e d t h a t t h e r e q u i s i t e n o t i c e of a p p l i c a t i o n for t r a n s f e r w a s d u l y g i v e n .
C. D . &c.E.
Form of Indorsement on License of change of House and Premises.
M e m o r a n d u m —
T h a t u p o n t h e cer t i f i ca te of t h e p r o p e r J u s t i c e s t h a t t h e w i t h i n n a m e d (G. II.) h a s
g i v e n t h e n o t i c e r e q u i r e d b y l a w of a n a p p l i c a t i o n for a c h a n g e of t h e h o u s e a n d p r e m i s e s
i n w h i c h a l i c ense is e x e r c i s e d I do h e r e b y d e c l a r e t h a t t h e w i t h i n l i c e n s e s h a l l h e n c e f o r t h
cease to a p p l y t o t h e h o u s e a n d p r e m i s e s t h e r e i n d e s c r i b e d a n d s h a l l a p p l y i n s t e a d t h e r e o f
to t h e h o u s e a n d p r e m i s e s o c c u p i e d (or about to be occupied) b y t h e s a i d G. H . s i t u a t e
(describe new premises . ) ( S i g n e d )
Co lon i a l T r e a s u r e r
(or other person authorized.)
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