to

SCHEDULE D.

I, (A. B.) of (describing residence of owner of cattle impounded) hereby promise pay within thirty ty days days from the date hereof, to (C. D.) (the poundkeeper), at (naming either the pound, or place of residence of the poundkeeper, as may be required), the sum of £ (specifying the full amount of poundage as well as fees and charges therein), without any deduction whatever. And in default thereof, I consent that the said sum, together with the costs necessarily incurred by the said default, shall be levied by by distre

effects wheresoever found.

distress and sale of my goods and

FORM OF ADVERTISEMENT IN THE "GOVERNMENT GAZETTE."

Impounded at (here state the place and kind of cattle, and where and how

branded), if not claimed, to be sold on

A. B.

Poundkeeper.

(Where there is no brand, the animals are to be shortly described by stating age, colour, and any particular mark.)

5 Vic., No. 12.--An Ordinance for regulating the sale of fermented and spirituous liquors. (a)

[10th February, 1842.] BE IT ENACTED by his Excellency the Governor of New Zealand, with the advice and consent of the Legislative Council thereof as follows :

I. LICENSE.

I. No person shall, unless he be duly licensed, sell any quantity less than two gallons of any spirituous liquor, wine, ale, or beer, or permit the same to be sold by any other person, in or upon his house or premises: Provided that no license shall be needed for the sale of any spirituous or fermented liquor as perfumery or medicine, or at any military canteen duly established under the regulations of Her Majesty's service: Provided also, that nothing herein contained shall extend to any sale by auction by any licensed auctioneer..

II. Every license shall be in the form set forth in schedule A. hereunto annexed, and shall commence on the first day of July next following the date thereof, and shall be in force for one year, from such first day of July.

III. No license shall be granted or transferred, as hereinafter mentioned, to any constable or bailiff, nor shall any license be granted or transferred in respect of any house or premises of which any constable shall be owner, or wherein any constable shall be directly or indirectly interested.

II. GRANTING AND TRANSFERRING OF LICENSES.

IV. Every person desirous of obtaining a license under this Ordinance, shall, on or before the first Tuesday in the month of April in every year, cause to be delivered to the clerk of the police magistrate (b) for the district in which it is proposed to exercise such license, a notice in writing signed by him, and in the form in schedule B. hereunto annexed, together with a certificate signed by at least five substantial householders, residing within such district, in the form in schedule C. hereunto annexed.

V. The clerk shall cause a list of the names and descriptions of all such applicants to be affixed, on or before the second Tuesday in the said month of April, on the door of the police office, there to remain for the space of one week.

VI. On the third Tuesday of the said month, there shall be holden at the office of the police magistrate a general meeting of the justices of the district, to be called the "annual licensing meeting," for the purpose of taking into consideration applications for such licenses as aforesaid. Two justices, of whom one shall be the police magistrate of the district, or in case of his unavoidable absence, three justices shall form a quorum.

VII. It shall be lawful for the justices assembled at such meeting to grant to such persons as shall be approved of by the majority of such justices, certificates authorizing such licenses in the form in schedule D. hereunto annexed: Provided that no justice of the peace being a brewer, maltster, or distiller, or an importer of or dealer in any spirituous liquor, wine, ale, or beer, or being interested, directly or indirectly, in any house or premises already licensed, or in respect whereof an application for a license is about to be made, shall act at any such meeting.

VIII. The clerk shall cause a notice of each annual licensing meeting to be inserted at least one calendar month before the holding thereof, in one of the newspapers of the district.

IX. Before the justices shall grant any such certificate, the person applying for the same shall enter into a recognizance with two sureties in the sum of fifty pounds each, in the form and with the conditions of schedule E. hereunto annexed: Provided always, that no constable, bailiff, or any person holding a license under this Ordinance shall be taken as a surety in any such recognizance.

X. If any person desirous of obtaining such certificates shall be hindered by sickness, infirmity, or any other reasonable cause, from attending in person at any such meeting, it shall be lawful for the justice to certify in favour of such person, upon three sufficient sureties to be approved of as aforesaid entering into the required recognizances.

XI. The said clerk shall also, within fourteen days after such meeting, transmit to the Colonial Treasurer, or the treasurer of the county or district, a list signed by two at least of the justices, specifying the names and residences of all the persons to whom such certificates as aforesaid shall have been granted, and of their respective sureties.

XII. The said clerk shall also transmit within one calendar month after the same shall be entered into, the said recognizances to the clerk of the "county or district Court, as the case may be," to be filed in his office. (a)

XIII. No such recognizances shall bind or affect any real property of the person entering into the same.

XIV. Every such certificate shall be null and void, unless the same and the sum of thirty pounds, or in case the house to be licensed shall be within the limits of any borough, then the sum of forty pounds,

(a) They are now transmitted to the registrar of the Supreme Court.

shall be lodged in the office of such treasurer, as aforesaid, on or before the 30th day of June, next following the annual licensing meeting at which such certificate was granted.

XV. On receipt of such certificate, and payment of the said sum

of thirty pounds, or in case

the limits of any borough, then the sum of forty pounds, such Treasurer, or such other person as the Governor may for that purpose appoint, shall issue, and shall register in his office, a license in the form hereinbefore prescribed.

XVI. On the first Tuesday in each of the months of September, December, and March, there shall be holden at such place as aforesaid, a special meeting of the aforesaid justices, for the purpose of receiving applications for the transfer of licenses, subject to the provisions hereinbefore contained, with respect to the general annual licensing meeting.

XVII. The justices so assembled may transfer any such license as aforesaid to the appointee of the original holder of such license, by an indorsement on the license in the form in schedule F. hereunto annexed, subject to such conditions as hereinbefore required in respect of the person originally licensed.

XVIII In case of the death of any person holding a license, his executors or administrators may carry on the business of such person and act under the authority of his license during six months (if the license have so long to run) from the day of his decease. The person so carrying on the business, shall when required so to do, enter into recognizance before the police magistrate of the district, to the same amount, and subject to the same regulations as the person to whom the license was originally granted.

XIX. In case any person holding a license should be desirous of removing his business from the house named in such license, to any other house, it shall be lawful for any two justices of the district within which such other house shall be situated, upon a memorial presented to them for that purpose, to authorize such removal, by an indorsement upon the original license, in the form in schedule G. hereunto annexed: Provided always, that no such indorsement shall be made until the person so applying for the same shall have entered into a new recognizance to the same amount, and subject to the same regulations as the original recognizance.

III. REGULATIONS FOR LICENSED HOUSES.

XX. No person holding a license under this Ordinance shall sell or supply any liquor, or suffer the same to be drunk in or upon his house or premises, except between the hours of six in the morning and ten at night on any working day, or except between the hours of one in the afternoon and seven in the evening of any Sunday, Christmas day, or Good Friday.

XXI. At all other hours such house and premises shall be closed: Provided always, that it shall be lawful for the justices at such annual licensing meeting, on payment of the further sum of ten pounds, to grant to any number of innkeepers an extension of the time hereinbefore prescribed for the sale or supply of such liquors as aforesaid, until twelve of the clock at night on any working day.

XXII. Every person holding such license as aforesaid shall keep his name painted in legible characters, not less than three inches in length, with the words "licensed to retail liquors," on some conspicuous part of the house.

XXIII. Every such person shall also have a lamp with at least two burners affixed over the front or principal door of his house, and shall keep the same burning from sun-set to sun-rise.

XXIV. No licensed person shall take any thing whatever in pledge for any liquor sold or supplied, nor shall any such person take in payment for the same, any thing whatever except metallic or paper

money.

XXV. No such person shall permit any wages to be paid in or upon his house or premises, save only the wages of persons employed as

servants therein.

XXVI. Every person holding such license as aforesaid shall, on demand at his licensed house, produce his license to any justice of the peace, or any constable duly authorized by writing under the hand of any justice of the peace.

XXVII. Any constable may demand entrance into any licensed house, at any hour, upon information that this Ordinance is contravened, and any unnecessary delay in giving admission to said constables, may, upon hearing of the case by the police magistrate, subject the party to the penalties herein contained.

IV.-PENALTIES.

XXVIII. If any justice of the peace, hereinbefore forbidden to act at any general annual licensing meeting, shall act at any such meeting, or at any meeting for the transfer of licenses, he shall forfeit and pay a sum of one hundred pounds, to be recovered by action in the Supreme Court by any person who shall sue for the same.

XXIX. If any person, not being duly licensed, shall sell any quantity less than two gallons of any spirituous liquor, wine, ale, or beer, or permit the same to be sold in or upon his house or premises, he shal forfeit and pay for every such offence the sum of fifty pounds, to be recovered in a summary way.

XXX. All such liquors as aforesaid, which shall be hawked about or exposed for sale in any unlicensed house or premises, shall be forfeited for the use of Her Majesty, and may be seized by any constable.

XXXI. If any person being duly licensed shall offend against any other of the provisions of this Ordinance, he shall forfeit and pay for every such offence, a sum of not less than two pounds, nor more than twenty pounds, to be recovered in a summary way.

XXXII. If any person shall be convicted of drunkenness before any justice of the peace, he shall forfeit and pay a sum of not less than five shillings, nor more than twenty shillings; and in default thereof, shall be imprisoned for any period not exceeding forty-eight hours. If any person shall have been so convicted three times within the space of six calendar months, he shall, upon such third conviction, forfeit and pay such sum as aforesaid, and be imprisoned for the term of seven days.

V. PROVISIONAL LICENSES.

XXXIII. Whereas, by reason of the formation of new settlements, and the rapid increase of the population thereof, it may be desirable that licenses should be granted otherwise than at the time and in the manner hereinbefore provided: Be it enacted, that it shall be lawful for any two justices of the peace (a) for the district, the police magistrate (b) being one, at any time or times, to grant any number

(a) Power not to continue beyond two years after arrival of first police magia trate at any new settlement. See Licensing Amendment Ordinance, p. 1133. (b) Now resident magistrate.