Wines, Beer, and Spirit Sale Act 1872 Amendment Act 1875 (WA)

WESTERN AUSTRALIA.

ANNO TRICESIMO NONO

VICTORIA: REGINIE.

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No. XI.

AN ACT to further amend " The Wines, Beer, and Spirit

Sale Act, 1872."

[Assented to, 21st December, 1875.]

11THEREAS it is expedient further to amend "The Wines,	Preamble.
V Beer, and Spirit Sale Act, 1872;" Be it therefore enacted by His Excellency The Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows:—
1 THIS Act may be cited as "The Wines, Beer, and Spirit Sale Act, 1872, Amendment Act, 1875," and shall be read and taken as one with the said Act.	Short Title.

39° VICTORI2E, No. 11.

Wines, Beer, and Spirit Sale—Amendment.

Amendment of sec. 22 of 2 THE twenty-second section of the said Act is hereby amended

the Act of 1872. by omitting the proviso at the end thereof.

Persons convicted under 3 ANY person convicted under the thirty-eighth section of the

section 38 to be imprisoned	said Act shall, in addition to forfeiting and paying the sums there
as well as fined.	mentioned, and irrespectively of any commitment to prison to which he may subject himself by reason of the non-payment of any such fines or penalties, for a first offence be imprisoned and kept to.hard labor for a term not exceeding three calendar months, and for every subsequent offence be imprisoned and kept to hard labor for a term not exceeding six calendar months.

Provisions of secs. 54 8: 65 4 FROM and after the passing of this Act, the provisions of

extended to all licensed	section fifty-four of the said Act shall be and the same are hereby
houses.	extended to all houses, shops, or premises licensed for the sale of Colonial Wine, and the provisions of section sixty-five of the said Act shall be and the same are hereby extended to all houses, shops, and premises licensed for the sale of Colonial Wine, and to all licensed eating, boarding, and lodging houses.

Power to Justices and police Sergeant or Corporal of Police, to demand and take for analysisto take samples of liquor 5 IT shall be lawful for any Justice of the Peace, or for any

for analysis. samples of any liquor found by him upon any licensed house or the

appurtenances thereof, upon payment of a reasonable sum for the same ; but the proprietor or other person in charge of the said licensed house shall be entitled to seal up the bottle or other vessel in which such liquor is put; and to be present, personally or by his agent, at the breaking of such seal and the analysis of such liquor, and such seal shall not be broken or such liquor analysed without due notice to the said proprietor of the said house. The result of any analysis made of any samples taken under this section shall not be given in evidence in any proceeding taken wider section sixty-six of the said Act unless the requirements of this section respecting the same are strictly complied with.

Penalty for supplying liquor 6 NO holder of any license shall, either in his house or on any

to intoxicated persons. of the appurtenances thereof, supply any liquor to any person in a state of intoxication, under a penalty, for each such offence, of any sum not less than Two pounds nor more than Five pounds, And if any such intoxicated person be allowed to remain on such premises the holder of such license shall hi each case be liable to the same penalty.

39° VICTORI, No. Li.

Wines, Beer, and Spirit Sale—Amendment.

7 THE sixty-fourth section of the said recited Act is hereby Section 64 of 36 V. 6

amended by omitting therefrom the words " and of proof to the amended.

satisfaction of any Justice that such person has been previously con-

victed of a like offence."

3 SECTION forty-one of " The Wines, Beer, and Spirit Sale section 4t of ss V. 5

Act, 1872," is hereby repealed. repealed.

In the name and on behalf of the Queen I hereby assent to

this Act.

WILLIAM C. F. ROBINSON, Governor:

By Authority: RICIMID PFTHEIt, Government Printer; Perth.