Wines, Beer, and Spirit Sale Act amendment (1873) (WA)

WESTERN AUSTRALIA.

ANNO TRICESIMO SEPTIMO

VICTORIA] EGINA-4],

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No. IX.

AN ACT to amend " The Wines Beer and Spirit Sale

Act 1872."

[Assented to, 24th July, 1873.]

HEREAS it is expedient to amend " The Wines Beer and it enacted by His Excellency the Governor of Western AustraliaW Spirit Sale Act 1872 " in manner hereafter appearing ; Be

and its Dependencies by and with the advice and consent of the

Legislative Council thereof as follows:—

1 THE prohibition against the grant or transfer of a license Res tr don of prohibition

mentioned in the seventeenth section of the said Act shall only	against	sie	t holding Licenses.
extend to the grant or transfer of a Publican's General License a Packet License a Wine and Beer License and a Wayside House License.

37° VICTORIA, No. 9.

" The Wines Beer and Spirit Sale Act, 1872"—Amendment.

dent Magistrate at a Licens- licensing district shall from any cause whatever not be present at	In case of absence of Resi- 2 IN case the Resident Magistrate or Police Magistrate for a
lug Meed. ting same to be
adjourned. dj any Licensing Meetin g in the sa id district such meeting shall be

adjourned by the Justice or Justices present thereat for any period

not exceeding one month.

3 ON the hearing of an application under the twentieth

Applicant for a License to section of the said Act it shall not be necessary for an applicant to	attend personally or by
agent. to attend personally but 'he may if he prefers it appear by his agent ; but the Licensing Magistrates may if they think proper require the applicant to attend personally at the hearing of an appli- cation at such time and place as may be appointed by the Licensing Magistrates at a Licensing Meeting.

4 THE forty-eighth Section of the said Act shall be and the

Section 48 of the said

recited Act. same is hereby amended by omitting the words " and if any person serving under a criminal offence whether such sentence be partially remitted or not" down to the end of the Section.

Prohibition against the sup- 5 AND whereas notwithstanding the prohibition contained in

ply of fermented liquor to the fifty-second section of the said Act against selling supplying or

natives.

giving fermented liquor or mixed liquor part whereof is fermented in any quantity which shall produce intoxication to any aboriginal native of Western Australia a large amount of drunkenness exists among the said aboriginal natives; Be it enacted that if any person whatever licensed or unlicensed shall sell supply or give any fermented liquor or any mixed liquor part whereof is fermented in any quantity whatsoever 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 liquors without a license) a penalty of Five pounds to be recovered before any one or more

Proviso. Justice or Justices of the Peace. Provided always that the prohibi- tion contained in this section shall not extend to the giving or supplying of fermented liquor by unlicensed persons to aboriginal natives in their service.

Where any penalty is in- 6 IN all cases under the said recited Act where a penalty has

flicted under this Act and	been inflicted and not paid and it is returned to a warrant of distress
unpaid and no sufficient
distress can be had defend-	issued. for the levying of such penalty that no sufficient goods of the
ant may be imprisoned for	party against whom such warrant shall have been issued can be
a certain term in proportion
to the amount of thepenalty.	found it shall be lawful for the Justice to whom such return is made or to any other Justice of the Peace for the Colony if he or they shall think fit by his warrant to commit the defendant to the house

37° VICTORLE, No. 9.

" The Wines Beer and Spirit Sale Act, 1872"—Amendment.

of correction common gaol or lock-up house for the following terms of imprisonment : in case there remain upaid of the said penalty costs and charges of distress any sum not exceeding five pounds imprisonment not exceeding two calendar months ; in case there remain unpaid as aforesaid any sum not exceeding twenty pounds imprisonment not exceeding three calendar months ; in case there remain unpaid as aforesaid any sum not exceeding thirty pounds imprisonment not exceeding four calendar months; and in case there remain unpaid as aforesaid any larger sum than thirty pounds imprisonment not exceeding six calendar months; unless in any such case the sum or sums adjudged to be paid and all costs and charges of the distress and of the commitment and conveying the defendant to prison (the amount thereof being ascertained and stated in such commitment) shall be sooner paid.

7 AND be it enacted that from and after the passing of this Act Penalty on keepers of Eat- ing House Boarding House

any person who shall keep an Eating House Boarding House or com-

or Lodging House.

mon Lodging House open to the public without being duly licensed to keep the same in accordance with the provisions of the said " Wines Beer and Spirit Sale Act, 1872 " shall be liable on conviction thereof before two Justices of the Peace for the first offence to a penalty of Five pounds and for a second or subsequent offence to a penalty of Ten pounds and for any third or subsequent offence to imprisonment with or without hard labor for any term not exceeding one month.

3 FROM and after the passing of this Act the provisions Provisions of section 54 of"The Wines Beer and

of section fifty-four of " The Wines Beer and Spirit Sale Act,	Spirit Sale Act 1872" ex-
1872 " shall be and the same hereby are extended to all Eating	tended to Eating Houses Lodging Houses and Board-
Houses Lodging Houses and Boarding Houses kept open to the	ing Houses.
public.

9 SECTION seventy-five of the said recited Act shall be and	Act.
Section 75 of the said recited

the same is hereby amended by omitting the word " spirituous" as

it occurs therein.

10 NO person holding a publican's general license or a wine played in Public HousesCertain games not to be

and beer license or a wayside house license shall permit any	after 12 o'clock, except by
billiards bagatelle or other games to be played within such	bone fide lodgers.
licensed house after the hour of twelve o'clock in the evening by any other than bond fide lodgers ; and if any such licensed person shall offend against the terms of this provision he shall for every such offence forfeit any sum not exceeding Twenty pounds to be recovered before any one or more Justices of the Peace.

37° VICTOREE, No. 9.

"The Wines Beer and Spirit Sale Act, 1872"—Amendment.

This Act and " Wines Beer 11 THAT this Act and the said recited Act shall be read

and Spirit Sale Act, 1872,"

to be read as one Act. together as one Act.

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

this Act.

FRED. A. WELD, Governor.

By Authority: RICP-AED PETIIER, Government Printer, Perth.