Wines, Beer, and Spirit Sale Amendment Act 1874 (WA)

WESTERN AUSTRALIA.

ANNO TRICESIMO OCTAVO

VICTOIWE R .GIN }E.

************flfl*ir

No. XV.

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

Act, 1872."

[Assented to, 6th August, 1874.]

HEREAS it is expedient further to amend the Wines, Beer, and Spirit Sale Act of 1872; Be it enacted by His Excel- lency The Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows:— Preambl e.

1 WHENEVER a defendant shall be committed to a house Imprisonment in default of

of correction, common gaol, or lock-up house for a term of imprison- payment to be with or with-

ment hi default of payment of a penalty, the committing Justice or out hard labor.

Justices of the Peace may, by the warrant of commitment, order the said defendant to be so imprisoned with or without hard labor.

38° ITICTORI1E, No. 15.

Wines, Beer, and Spirit Sale—Amendment.

Licensee to be entitled to 2 THE thirty-second section of " The Wines, Beer, and Spirit

renewal of license.	Sale Act, 1872," shall be repealed, and in lieu thereof be it enacted, That every licensee shall be entitled, subject to the proviso hereinafter mentioned, to demand and obtain from the licensing magistrates a certificate authorizing the renewal of his license on producing such license, and upon payment to the proper officer of the annual
Proviso.	fee due in respect of such license. Provided such license has not been allowed to expire, or has not become void or liable to be
Proviso.	forfeited from any cause whatever. Provided, also, that no objection. to such renewal as is mentioned in the twenty-third section of the said Act shall have been taken and established in manner therein provided to the satisfaction of the licensing magistrates on the application for such renewal.

ANY exception, exemption, proviso, excuse, or qualification,

Exceptions, Sm. , in descrip. 3

Lion of offence in the said whether it does or does not accompany the description of the offence

Acts need not be specified in the said Acts, may be proved by the defendant, but need not beor negatived in information.

specified or negatived in the information; and if so specified or negatived, no proof in relation to the matters so specified or negatived shall be required on the part of the informant or com- plainant.

Debts for liquor sold or 4 NO person, however licensed, shall maintain any action for

delivered in. less quantity

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

than one gallon not recover-

able.

shall be sold or delivered in any quantity less than one gallon and delivered or taken away all at one time. Provided that nothing

Not to prevent Innkeepers,

herein contained shall extend to prevent innkeepers or holders 'of

&c., having accounts with

packet licenses from keeping an account with bond fide lodgers,

lodgers.

passengers, and travellers, in which any charge for liquors may be

included and lawfully recovered as part of the amount thereof.

5 SECTION 16 of " The Wines, Beer, and Spirit Sale Act,

Mode of applying for a 1872," shall be read as if the words " or a packet license " were

Packet License.

inserted in the second line thereof, after the words " temporary

license."

6 SECTION 56 of the before recited Act shall be and the same

Section	56	of
o "

"The wines , .

Beer, and Spirit Sale Act of is hereby amended by adding at the end of the Section the words as 1872," amended. follows: "Provided, however, that such subsequent offence is com-

mitted within a period of twelve months from the commission of the

first offence."

38° VICTORIX, No. 15.

Wines, Beer, and Sfrit Sale—Amendment.

7 THAT the provisions of Section 16 of the said recited Act, Mode of applying for a

requiring that every person applying for a license under that Act	Spirit Merchant's License.
should among other things affix on the outer side or front of the principal entrance door of the premises for which a license is applied for the notice in the said Section mentioned, shall not apply to a person applying for a Spirit Merchant's License in the said Act mentioned. Provided, nevertheless, that the said notice shall be published as in the said Section provided for.

8 THIS Act may be cited as " The Wines, Beer, and Spirit

Sale Amendment Act, 1874."

9 THAT this Act and the said recited Act shall be read 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: RICHARD PETHER, Government Printer, Perth.