« EelmineJätka »
business is to be carried on
manner to the assistant Police Magistrate at Salt Cay. And all No. 4. such applications shall be filed by the clerks in those respective Ord. No. 1, offices, and entered in books to be kept for that purpose, for which 1849. service such clerks (if rendered by the clerks, and forms supplied by them), shall be entitled to demand and receive from every such applicant the sum of Twelve shillings and sixpence.
VIII. And be it further ordained, that all such applications Application to shall be according to the form hereto annexed marked B, and all be sent to applications to retail spirituous or other liquors at Grand Cay or
Police Office, at the Caicos, so sent in to the office of the Police Magistrate, shall be laid by him before the said Justices, at their next quarterly meeting And all applications for licenses to retail spirituous or other liquors at Salt Cay, shall be laid by the assistant Police Magistrate before the Justices at Salt Cay at their next quarterly meeting
IX. And be it further ordained, that every application for a Application to license to retail spirituous or other liquors at these islands, shall be accompabe accompanied by a certificate from three persons who are qualified nied by a certo serve on juries, that the person applying is a sober and discreet person, and fit to be trusted to retail spirituous or other liquors.
X. And be it further ordained, that the party applying for such Application to license as aforesaid, shall state in such application the place, shop, state the place or store, in which such sale of spirituous or other liquors is to be in which such carried on; and it shall not be lawful for any person, having obtained a license to retail spirituous or other liquors, to retail the same in any place except the one mentioned in his application as aforesaid, without permission in writing first had and obtained from the Justices assembled at a quarterly meeting; which permission the said Justices are authorized to grant at their discretion. And any licensed retailer, retailing spirituous or other liquors elsewhere than in the place for which he or she obtained a license without such permission, shall be dealt with as an unlicensed retailer.
XI. And be it further ordained, that any person may attend Any one may such quarterly meetings, and may lawfully remonstrate in a re- attend quarterspectful manner, against the granting of a license to
ly meetings such
any and object to applicant, and may state his or her objection to the person apply- the granting ing, or to the place specified in any such application.
of Licenses. XII. And be it further ordained, that it shall be lawful for the Justices to deJustices aforesaid, to determine to which of the said applicants it cide to whom
Licenses shall is most proper licenses should be granted, and also whether the
be granted and place specified in any such application is a fit and proper place to give certififor the retailing of spirituous or other liquors, and shall give to cates. such of the applicants whose applications for licenses they shall deem most proper should be granted, certificates according to the form annexed, marked C.
XIII. And be it further ordained, that any person having ob- Manner of tained such certificate, may, within ten days after the date thereof, procuring obtain a license to retail spirituous or other liquors, by producing such certificate at the office of the Colonial Secretary at Grand Cay, or the deputy Colonial Secretary at Salt Cay, together with a receipt under the hand of the receiver and treasurer for the sum of Twenty-five pounds, and having entered into bond as hereafter directed, and having paid all lawful fees due for such license, he or she shall be entitled to receive the same.
Bond to be
not to com
No. 4. XIV. And be it further ordained, that before any person shall Ord. No. 1, obtain a license to retail spirituous liquors or other liquors, such 1849.
person shall enter into bond with two sufficient sureties in the sum
of Fifty pounds each, and such bond shall be taken in the name of given.
Her Majesty, her heirs and successors, and shall be conditioned for the maintenance of good order, in such place, store, or shop, in which such liquors are sold by retail, and for the due observance
of all the provisions of this Ordinance. Retailer to XV. And be it further ordained, that every licensed retailer of have a sign: board over his spirituous liquors or other liquors, shall have a board with his or door.
her name painted thereon, in white letters upon a black ground, together with the words “ Licensed to Retail Spirituous Liquors," in large legible characters, and such name and words shall be printed in letters of not less than two inches in length, and shall be displayed in a conspicuous place, in front of the store or shop of such retailer, on pain of being considered an unlicensed retailer,
and dealt with as such. Retailer not to XVI. And be it further ordained, that no person so licensed sell anything shall sell or dispose of anything but spirituous liquors or other but spirits and
liquors in the store, shop, or place in which the sale of spirituous liquors in liquor shop:
liquors and other liquors by retail is carried on, nor shall any such Liquor shop store, shop, or place communicate with, or open into any other
store, shop, or place in which the sale of other articles shall be municate with
carried on, under a penalty, not exceeding Two pounds for the first shop.
offence, and for every subsequent offence, under the penalties
hereinafter mentioned. No spirits or
XVII. And be it further ordained, that no licensed retailer, as liquors to be
aforesaid, shall sell any spirituous liquors or other liquors on the sold on the
Lord's Day or Good Friday, or before sunrise or after sunset; Lord's day.
neither shall it be lawful for any such store, shop, or place in which such liquors are sold by retail, to remain open after sunset, under a penalty not exceeding Two pounds for the first offence, and
for any subsequent offence, under the penalty hereinafter provided. No gaming, XVIII. And be it further ordained, that no licensed retailer, tippling, or as aforesaid, shall suffer any person or persons to gamble, get drunkenness
drunk, or tipple in or about such store, shop, or place in which allowed in liquor shop.
such liquors are sold, under a penalty not exceeding Five pounds for the first offence, and for any subsequent offence under the
penalties hereinafter mentioned. Penalty for XIX. And be it further ordained, that any person who shall, retailing with without a license for that purpose first had and obtained in manner out a license.
before directed, and which remains in full force, dispose of any spirituous liquors or other liquors in less quantities than three imperial gallons,* or of any description of wines, ale, porter, or malt liquors in less than one dozen of bottles, commonly called quart bottles, shall be considered an unlicensed retailer; and for every such
offence shall be liable to a penalty not exceeding Twenty pounds. No gools to XX. And be it further ordained, that no licensed retailer shall
receive or take goods of any kind, or articles of clothing, or tools, pledge or or working implements of any kind in pledge, or in exchange for liquors.
spirituous liquors or other liquors, under a penalty not exceeding Ten pounds for the first offence, and for any subsequent offence shall be liable to the penalties hereinafter mentioned.
be taken in
* The words in italies are repealed by Ord, 15, 1855, sec, 6
XXI. And be it further ordained, that every offence committed No. 4. by a licensed retailer, for the second or subsequent commission of Ord. No. 1, which no specified punishment is hereinbefore provided, shall 1849. render such retailer, upon conviction for such second offence,
Penalties for liable to a penalty not exceeding double the amount of the first
second and penalty, and for a third offence to a penalty not exceeding treble subsequent the amount of the first penalty; and any subsequent offence shall offences. render such retailer liable to forfeit his or her license, and also the penalty of his or her bond, at the discretion of the Justices assembled at a quarterly meeting as aforesaid : and the production of the book containing the records of such former convictions shall be sufficient evidence of such former convictions.
XXII. And be it further ordained, that nothing in this Ordi- Ordinance not nance contained shall be held to apply to Physicians, apothecaries, to apply to
sales of or others who may sell or dispose of medicines, or perfumery, of
medicines or which spirits may form a component part.
perfumery. XXIII. And be it further ordained, that it shall and may
Transfer of lawful for any retailer of spirituous liquors or other liquors to license allowed transfer his or her license to a party unlicensed, or to remove his or her license from his or her licensed premises to new premises by permission of the Justices at a quarterly meeting assembled ; an application for such permission to be made in the same manner as an application for a license; which application shall be filed and entered by the clerks in the several police offices, and for which they shall be entitled to receive a fee of ten shillings : Provided always that it shall be at the discretion of the Justices aforesaid to grant or refuse such permission; and for every such transfer a fee of two pounds shall be paid at the office of the Colonial Receiver, to be paid into the Colonial Treasury in aid of the expenses of this Government; and upon receipt from the Colonial Receiver and Treasurer being produced to the Colonial Secretary or his deputy, he shall indorse on such license the name of the person to whom such license is transferred, and the place in which such business is to be carried on.
XXIV. And be it further ordained, that all offences against Penalties how this Ordinance may be heard and determined before two Justices recovered. of the Peace, of whom one shall be a Police or assistant Police Magistrate; and that all fines and forfeitures, not exceeding twenty pounds in amount, may be made and levied on the goods and chattels of the offender by warrant under the hand of the Justices before whom such offender was convicted ; and in default of goods and chattels, it shall be lawful for such Justices to issue a warrant to arrest such offender, and commit the said offender to any lawful place of confinement for any time not exceeding one hundred days, unless such fine and costs be sooner paid.
XXV. And be it further ordained, that any penalty or fine to a Penalties how greater amount than twenty pounds may be sued for and recovered recovered. in any Court of competent jurisdiction : and all such penalties and fines, when recovered, shall be appropriated as follows; to wit, one moiety thereof to the use of her Majesty, her heirs, and successors, to be applied towards the support of the Government of these islands, and the other moiety thereof to the informer or other person who shall procure the conviction of such offender.
XXVI. And be it further ordained, that the said last-mentioned Penalties how fines, penalties, and forfeitures, if not sooner paid, may be made and recovered.
No. 4. levied of the offender's goods and chattels by writ of execution ; Ord. No. 1, and in default of goods and chattels, the officer executing such writ 1849. shall arrest the offender, and commit him to some lawful place of
confinement for the space of time mentioned in such writ, such term to be fixed by the Judge in giving judgment in such case, and
not to exceed six months. Limitation of XXVII. And be it further ordained, that every complaint or prosecution.
information for any offence against this Ordinance shall be made, and the party charged therewith summoned within a month after
such offence committed, and not afterwards. Appeal allowed. XXVIII. And be it further ordained, that any retailer of spirit
uous liquors, wines, or other liquors, convicted before two Justices of the Peace of any offence committed against this ordinance, may appeal from such conviction to the superior Court of these islands : Provided that the party appealing shall first deposit the amount of the fine or penalty imposed with costs in the hands of the convicting Justices; and such fine, penalty, and costs so paid, shall be returned to the party appellant if the conviction of such Justices shall be set aside; or if such conviction be confirmed, shall be appropriated as is hereinbefore directed ; and every decision of
such superior Court, as aforesaid, shall be final and conclusive. Meaning of XXIX. And be it further ordained, that the words spirituous the words
liquors or other liquors, wherever they occur in this Ordinance, spirituous liquors and
shall be understood to include rum, brandy, gin, whisky, or other other liquors.
distilled spirits, or any compounds or mixtures of the same, and also wine, beer, porter, ale, cider, and perry.
XXX. XXXI. Repealed by Ord. 15, 1855, sect. 6. Nothing herein XXXII. And be it further ordained, that no provision in this contained to Ordinance shall be construed to limit restrict, or supersede the jurisdiction of jurisdiction of the Police Magistrate, or assistant Police Magistrate, Police or As or Stipendiary Justice for these islands over the parish or parishes, sistant Police district or districts (as may hereafter be defined) within Salt Cay Magistrate or or the Caicos Islands : And provided always, that nothing in the Stipendiary
foregoing, or in any of the clauses in this Ordinance, shall restrict, Justice.
limit, or set aside the power or legality of the President or Officer administering the Government from naming and appointing, provisionally, any Magistrate within these islands to act as assistant Police Magistrate at Salt Cay, or at the Caicos, for the purposes of this Ordinance.
the Justices of Grand Cay will assemble at the Court House to hold their quarterly meeting for
A. B., Police Magistrate.
} Justices, Grand Cay. N. B. -For Salt Cay the same form may be used, altering the words “ Grand Cay” to “ Salt Cay,” and “Court House " to " Town Hall."
No. 4. Ord. No. 1,
Application for License. Gentlemen,
I request that a license may be granted me to retail spirituous liquors, wines, and other liquors in that (here describe premises) at Grand Cay, and I offer
and as my sureties for the observance of the Ordinance in such case made and provided.
A. B. To the Justices of the Peace
Grand Cay (or Salt Cay).
Certificate of Justices. We certify that A. B. has complied with the forms required in the Ordinance regulating the sale of liquors, and that we approve of his obtaining a license to retail at
and of the sureties he has offered for the performance of the condition of his bond.
No. 5.-ORDINANCE No. 15 of 1855.
Ord. No. 15, An Ordinance to amend Ordinance No. 1 of 1849, entitled “ An Or 1855.
dinance to regulate the sale of Spirituous Liquors, Wines, and
1st November, 1855. Confirmed 20th March, 1856.)
HEREAS the Ordinance No. 1 of 1849 entitled “ An Ordi- PREAMBLE. W nance to regulate the
Sale of Spirituous Liquors, Wines, and other Liquors within the Turks and Caicos Islands” has been found to require amendment; May it, &c.
Sections Ī. and II. repealed by Ordinance No. 13 of 1860.
III. That merchants, hotel-keepers, and persons desirous of Licenses may selling wines, cordials, liqueurs, or fermented liquors, in quantities be obtained to
sell liquors not less than one pint bottle, may do so by procuring a license to
other than be obtained in the same manner as a license to retail spirituous spirituous liquors, except as is hereinafter excepted. And for such license liquors. the sum of Five pounds shall be annually paid into the treasury in the same manner as the sums arising from the licenses granted under Ordinance No. 1 of 1849 : Provided that parties applying for a license to sell wines, cordials, liqueurs, or fermented liquors in manner hereinbefore mentioned shall not be required to comply with the ninth, fourteenth, fifteenth, sixteenth, and seventeenth clauses of the said Ordinance.
IV. That no persons (except koepers of hotels) taking a license Not to be confor selling wines, cordials, liqueurs, or fermented liquors, shall sell sumed on