of licenses. The sum to be paid for any such license being after the rate of forty pounds a-year.

XXXIV. This Ordinance shall come into operation on the 1st day of March, 1842.

SCHEDULE.
A.

FORM OF LICENSE.

New Zealand, Whereas A.B, of

our

to wit. } a certificate, dated the

day of

hath deposited in this office in the year of authorizing the issue to the

Lord One thousand eight hundred and said A.B., of a license for the house known (or to be known) by the sign of

situated at

in the said Colony of New Zealand: And whereas the said A.B. hath paid into my office the sum of pounds sterling, as the duty of such license: Now I, the Colonial Treasurer (or county or district treasurer, as the case may be), in virtue of the powers vested in me by an Ordinance of the Governor and Council passed in the year 1842, No. 12, do hereby license the said A.B. to sell any spirituous liquors, wine, ale, or beer, in any quantity, in the house aforesaid, and in the appurtenances thereunto belonging, but not elsewhere; and this license shall commence on the first day of July next, and continue in force until the thirtieth day of June then next ensuing, both days inclusive.

FORM OF NOTICE OF APPLICATION FOR A LICENSE.

To the Worshipful the Justices of the Peace acting in and for the district in New Zealand.

of

I, A.B., (state the trade or occupation) now residing at

in the

parish, town, or district of do hereby give notice, that it is my intention to apply, at the next annual licensing meeting, to be holden for this district, for a license for the sale of spirituous liquors, wine, ale, and beer, in the house and appurtenances thereunto belonging, situated at

(here describe the house proposed to be licensed, specifying the situation of it; the person from whom rented; the present occupier; whether now licensed, and if so, under what sign.)

I further give notice, that I propose C.D. of

of

and E.F.

as my sureties, to enter with me into the required recognizance. Given under my hand, this

One thousand eight hundred and

day of

A.Β.

C.

FORM OF HOUSEHOLDERS' CERTIFICATE TO BE APPENDED TO THE ABOVE. We, the undersigned householders, residing within the town (or district) of

do hereby certify, that the above A. B., of is a person of good fame and reputation, and fit and proper to be licensed for the sale of spirituous liquors, wine, ale, and beer.

Witness our hands this

One thousand eight hundred and

day of

One

Two

Three

Four

D.

FORM OF CERTIFICATE BY JUSTICES TO AUTHORIZE THE GRANTING OF A LICENSE

New Zealand At the annual licensing meeting (or an adjournment of the annual
to wit. } licensing meeting) of Her Majesty's justices of the peace, acting in
and for the district of
holden at
on the
day of
in the year of our Lord One thousand eight hundred and
pursuant to the Ordinance of the Governor and Council, passed in the year 1842,
No. 12, intituled "An Ordinance for regulating the sale of Fermented and
Spirituous Liquors," for the purpose of considering applications made to us for
licenses pursuant to the said Ordinance: We being the majority of the justices
assembled at the said sessions, do, in virtue of the power vested in us, hereby
authorize the Colonial Treasurer (or county or district treasurer, as the case may
be) to issue to A. B. of
a license under the said Ordinance for (here
state the hour, sign, district, or other particulars,) the year commencing from the
first day of July next; and we do hereby certify, that we are satisfied the said
A. B. is a person of good fame and reputation, and fit and proper to be licensed as
aforesaid: "And also that we have taken from the said A. B., and his sureties, C. D.
and E. F. of
a recognizance in the sum of fifty
pounds each, according to the form prescribed in the said Ordinance.
Given under our hands and seals, the

of

at the place aforesaid.

G. H., J. P.
I. K., J. P.

day of [L. S.] [L.S.

E.

FORM OF RECOGNIZANCE TO BE ENTERED INTO BY AN APPLICANT FOR A LICENSE.

came personally before us, G.H. and I.K., Esquires, Justices of the Peace, acting
in and for the district of
in the said Colony, and acknowledged
themselves to owe to our lady the Queen, to wit; the said A.B. the sum of fifty
pounds, the said C.D. the sum of fifty pounds, and the said E.F. the sum of fifty
pounds of lawful money of Great Britain, to be respectively levied of their several
goods and chattels, lands and tenements, to the use of our said lady the Queen, her
heirs and successors, in case default shall be made in the performance of any of
the conditions hereunder written :-

The conditions of this recognizance are such, that whereas the said A.B. is to
be licensed pursuant to the Ordinance passed in the year 1842, No. 12, to sell
spirituous liquors, wine, ale, or beer, in a house being the sign of
situated at

and

for

in the district (or township )of twelve months, commencing on the first day of July, One thousand eight hundred if the said A.B. do keep the law in selling such liquors as aforesaid, in his (or her) said house and its appurtenances, then the said recognizance to be void, otherwise to remain in full force.

Taken and acknowledged the day and year above written before us,

FORM OF ENDORSEMENT ON LICENSE TO AUTHORIZE A TRANSFER THEREOF.

Be it remembered, that we, the undersigned, being the majority of the justices

present at a special meeting for the district of

held at

for the purpose of transferring licenses, do hereby, upon the application of the
within named
transfer the rights and privileges of the within
license to G.H. for the residue of the term for which the same has now to run, the
said G. H. having first exhibited the certificate, and entered into the recognizance
required by law.

i

:

G.

C.D., J.P.
E.F., J.P.

FORM OF ENDORSEMENT ON LICENSE TO AUTHORIZE A CHANGE OF HOUSE AND

PREMISES.

Memorandum. - We do hereby declare that the within license shall henceforth cease to apply to the house and premises therein described, and shall apply instead thereof to the house and premises situate (describe as in original license).

C.D., J.P.
E.F., J.P.

8 Vic., No. 21.-An Ordinance to amend an Ordinance for regulating the sale of fermented and spirituous liquors. (a) [17th July, 1844.]

WHEREAS by an Ordinance enacted by the Governor of New Zealand, with the advice and consent of the Legislative Council thereof, Session 2, No. 12, intituled " An Ordinance for regulating the Sale of Fermented and Spirituous Liquors," it is enacted that in case of the formation of new settlements, it shall be lawful for any two justices of the peace for the district, the police magistrate being one, to grant licenses otherwise than at the time and in the manner in the said Ordinance provided.

I. Be it further enacted by his Excellency the Governor of New Zealand, with the advice and consent of the Legislative Council thereof, that such licenses shall not be granted at any time beyond the expiration of two years after the arrival of the first police magistrate (6) appointed to reside at such new settlement.

II. And whereas the establishment of licensed houses in the interior of the country, as well as on the sea coast, would promote the convenience of the public, and would greatly facilitate communication between the various settlements, and as the terms and conditions on which the same should be licensed may best be determined by the Governor in Council: Be it also enacted, that notwithstanding anything in the said recited Ordinance contained, it shall be lawful for his Excellency the Governor, with the advice of the Executive Council, to license any house for the purpose of the said Ordinance mentioned at such times and in such manner, upon such terms and conditions, and either with or without any annual payment, as to the Governor in Council may seem meet: Provided that no house to be licensed under the authority of this Ordinance shall be within three miles from the nearest limit of any town.

III. And be it further enacted and declared, that nothing in the said recited Ordinance contained, shall be held to prevent a woman from holding a license under the authority thereof.

SPIRITS (SALE OF TO NATIVES).

11 Vic., No. 3.-An Ordinance to prohibit the sale, &c., of spirits, and to regulate the sale, &c., of other intoxicating liquors to persons of the native race. (c) [12th August, 1847]

WHEREAS it is expedient, as far as may be practicable, to limit the use of intoxicating liquors amongst the native inhabitants of New Zealand, but so, nevertheless, that the provisions to be made in that behalf be

(a) CONTENTS: -Preamble, reciting Licensing Ordinance, Sess. 2, No. 12. 1. Time for granting such licenses limited. 2. Houses in the interior how to be licensed. 3. Ordinance, Sess. 2, No. 12, applicable to females.

(b) Now resident magistrate.

(c) CONTENTS :-Preamble. 1. Sale, &c., of spirits to natives prohibited. 2. Sale, &c., of wine, &c., limited. 3. Penalty. 4. Penalty not to be recoverable for spirits supplied medicinally. 5. Governor may modify or suspend. 6. Commencement.

"

1134

TRESPASS (CATTLE).

framed with the assent, or so as to secure the concurrence of the said native people therein-

I. Be it therefore enacted by the Lieutenant-Governor of New Zealand, with the advice and consent of the Legislative Council thereof, that it shall not be lawful for any person whomsoever, either to sell, or to supply, or to give any spirituous liquor or mixed liquor, part whereof is spirituous, in any quantity whatever, to any person of the native race.

II. It shall not be lawful for any person whomsoever, either to sell or to supply, or to give any wine, or any fermented liquor, or mixed liquor, part whereof is fermented, in any quantity respectively, which shall produce intoxication to any person of the native race.

III. If any person shall sell, supply, or give any such spirituous liquor, wine, or fermented liquor, contrary to the provisions of this Ordinance, he shall forfeit and pay for any such offence, any sum not exceeding £10, to be recovered in a summary way, over and above any penalty which may be incurred for the sale of any such liquor without a license.

IV. Provided always that no penalty shall be recoverable for supplying spirituous liquor to any person of the native race, in case it shall be satisfactorily proved that the spirituous liquor so supplied was administered medicinally.

V. It shall be lawful for the Governor, from time to time, to modify or alter, or to suspend the operation of any of the provisions of this Ordinance, which it may appear to him, from the state of native feeling on the subject, or otherwise, to be impracticable, or inexpedient to carry into immediate operation, and to substitute for any provision which may be so suspended, any other provision or provisions, better adapted to give effect to the purposes of this Ordinance, and to secure the concurrence of the native inhabitants of the Colony therein.

VI. This Ordinance shall come into operation in such districts, and at such times, as the Governor for the time being shall by proclamation from time to time appoint.

TRESPASS (CATTLE).

10 Vic., No. 17-An Ordinance to repeal the "Cattle Trespass Ordinance" and the "Cattle Trespass Amendment Ordinance," and to provide for the summary recovery of compensation for damage done by cattle trespassing. (α)

[10th November, 1846.] WHEREAS an Ordinance was enacted by the Governor of New Zealand, with the advice and consent of the Legislative Council thereof, Session 2, No. 16, intituled "An Ordinance to provide for the summary recovery of compensation for damage done by cattle trespassing." And whereas a like Ordinance was enacted, Session 3,

(a) CONTENTS :-Preamble reciting No. 16, Session 2, and No. 14, Session 3. 1. Recited Ordinances repealed. 2. Compensation for damage to land substantially fenced. 3. And in certain cases, although the land be not substantially fenced. 4. Penalty for cattle wandering in public streets. 5. Interpretation. 6. Commencement.

No. 14, intituled "an Ordinance to amend an Ordinance to provide for the summary recovery of compensation for damage done by cattle trespassing." And whereas it is expedient that the said Ordinances be repealed, in order that the enactments therein contained may be amended and consolidated into one Ordinance

Be it therefore enacted by the Lieutenant-Governor of New Zealand, with the advice and consent of the Legislative Council thereof, as follows:

I. The said recited Ordinances shall be, and the same are hereby repcaled.

II. Whenever any cattle shall trespass on land which shall be substantially fenced, and shall do any damage thereon, it shall be lawful for any two justices of the peace, upon application of the person suffering such damage, to hear and determine the case in a summary way, and on being satisfied as to the amount of such damage by the oath or solemn affirmation, as the case may require, of two witnesses competent from practical knowledge or otherwise to estimate the same, to award to the party sustaining such damage any sum not exceeding twenty pounds, by way of compensation for the same.

III. In case the person sustaining any such damage shall be of the native race, it shall be lawful for the said justices in like manner to award compensation, although the land trespassed upon shall not be substantially fenced. Provided always, that it shall be lawful for his Excellency the Governor by proclamation from time to time to declare certain districts within which persons of the native race shall not be entitled to recover compensation, unless the land trespassed upon shall be substantially fenced, and the limits of such districts from time to time to alter, as occasion may require, and also, if he shall see fit, to revoke the proclamation by which any such district shall have been declared.

IV. If any cattle shall be found wandering at large in any street or public place within the limits of any town or village which shall be proclaimed by the Governor to come within the operation of this present provision, the owners thereof shall forfeit and pay for every head of cattle so wandering any sum not exceeding five shillings, to be recovered in a summary way. Provided always that any town or village which may already have been proclaimed to come within the operation of the said first-recited Ordinance, shall be deemed and taken to come within the operation of this present provision from and immediately upon the passing of this Ordinance.

V. For the purposes of this Ordinance, the word "Governor" shall be taken to include the "Lieutenant-Governor," or the "officer administering the government" of the Colony for the time being; and the word "cattle" shall be taken to include horned or neat cattle, horses, mules, asses, sheep, goats, and swine.

VI. This Ordinance shall come into operation on the first day of January, 1847.