An Act to simplify the procedure in amending Deeds of Grant which contain an erroneous description of the boundaries of the land contained therein.

WE

[Assented to 10th September, 1884.

HEREAS the procedure in amending Deeds of Grant which contain an erroneous description of the boundaries of allotments in the towns of the Colony, as provided in the fifth section of the 8th Victoria, No. 9, is cumbrous and inconvenient, and whereas there is no similar provision contained in the Act 4th and 5th Victoria, No. 20, relating to the boundaries of country lands or lands not included within the provisions of the first recited Act; And whereas it is desirable that a simple method of procedure should be provided for the amendment of the Deeds of Grant referred to in the said Acts: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows:

1. In any case in which the true boundaries of any lands or allot ments shall have been duly adjusted under the powers of the said recited Acts or of either of them, and the said boundaries so adjusted as aforesaid shall differ from those contained in any grant thereof from the Crown, issued previously to such adjustment, it shall be lawful for the Surveyor General to endorse or cause to be endorsed on the back or other convenient part of the deed or instrument of grant, if it shall be produced to him for that purpose, the true boundaries as so adjusted

Repeal of sec. 5

of 8 Vic., No. 9

Amendment of enrolled copies of lost deeds of grant

Amendment of Deeds of Grant

and which he shall sign, and the said deed so endorsed and signed as aforesaid shall be forthwith given or forwarded by the Surveyor General to the Registrar of Deeds, and the said Registrar shall make and sign a memorandum of such endorsement in the margin or in some other convenient part of the enrolled copy of the said deed, and shall re-deliver the said deed to the person producing the same as aforesaid.

2. The fifth section of the Act 8th Victoria, No. 9, is hereby repealed, but this repeal shall not affect the validity or invalidity of anything done or omitted to be done under the provisions of either of the said recited Acts.

3. If any such Crown Grant as aforesaid shall have been lost, the grantee, his heir or assignee, or other the owner for the time being of the lands or allotments contained therein, may apply to the Surveyor General to forward to the Registrar of Deeds a certified copy of the entry in the Record Book kept by the Surveyor General of the true boundaries of the said lands or allotments, and the Surveyor General shall, on such application being duly made to him as aforesaid, forward a certified copy of the entry in the said book of the true boundaries of the said lands or allotments, without fee, to the Registrar of Deeds, who shall thereupon make and sign a memorandum of the true boundaries of the said lands or allotments in the margin or in some other convenient part of the enrolled copy of the said deed.

Incorporation with 44 Vic., No. 9

An Act to amend
1880.'

WHE

ANNO QUADRAGESIMO OCTAVO

VICTORIÆ REGINE

No. 14

The Wines, Beer, and Spirit Sale Act, [Assented to 10th September, 1884.

THEREAS it is expedient to amend The Wines, Beer, and Spirit Sale Act, 1880': Be it enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows:

1. After the coming into operation of this Act, The Wines, Beer, and Spirit Sale Act, 1880,' hereinafter called the principal Act, shall be read and construed as if this Act formed part of the said recited Act. Application for a 2. If the holder of any license, except a Packet License or a Tem

compulsory

transfer of a license

porary License, shall cease, by reason of any cause other than his decease or.bankruptcy, to occupy the premises for which his license was granted, or to which it is attached, at any time during the currency of such license, and shall not previously to such cesser of occupation as aforesaid have obtained a removal of the said license from the afore

The Wines, Beer, and Spirit Sale Act, 1880—Amendment

said premises to other premises, according to the provisions of the principal Act in that behalf, and shall refuse to transfer such license to the person occupying or being about lawfully to occupy the licensed premises, on being tendered by such person the proportion of the annual fee paid on such license estimated with reference to the time during which such license has to run, such person lawfully occupying, or being about lawfully to occupy the licensed premises may apply in writing to the Resident or Police Magistrate of the district in which the premises are situate for a transfer to him of the said license.

application

3. It shall be a condition precedent to the transfer of such license Condition that the applicant shall have given, at least seven days before the relating to such application, notice in writing to the holder of the said license of his intention to apply for a transfer of such license as aforesaid, and requiring the holder to produce the said license to such Resident or Police Magistrate, or to send it to the Magistrates' clerk within three days after such notice.

4. The Resident or Police Magistrate may in his discretion transfer the said license from the holder thereof to the applicant, by endorsement upon the license in the form in the Schedule to this Act, for which a fee of Two pounds shall be paid by the applicant to the said Resident or Police Magistrate to the use of Her Majesty, her heirs and successors, for the public use of the Colony and the government thereof; and thereupon the transferee shall, until the first day of the month following the next quarterly licensing meeting and no longer, have all the rights and shall be subject to all the liabilities and conditions which the original holder would have had and been subject to during the same period.

5. The Resident or Police Magistrate shall make it also a condition of the transfer of such license that the applicant shall forthwith pay to the holder of the license, or deposit with the Magistrates' clerk for the holder's use and benefit, a sum of money, being part of the annual fee that has been paid for such license, estimated with reference to the time yet to run until the first day of the month following the next quarterly licensing meeting.

6. If the holder of the license shall neglect to send or produce the same after being duly required as aforesaid, the Resident or Police Magistrate may in his discretion declare such license to be void, and grant a certificate to the applicant for a fresh license for the premises in question, upon payment or deposit of the proportional part of the annual fee as aforesaid. Provided that the person to whom such a certificate is granted shall pay the sum of two pounds to the proper officer authorised to issue licenses within fourteen days after the granting of the said certificate, otherwise the said certificate shall be void; and the said officer, upon the production to him of the said certificate and the payment of the said fee, shall forthwith issue a fresh license, to be in force until the first day of the month following the next quarterly licensing meeting and no longer.

7. A certificate authorising the grant of a temporary Eating, Boarding, or Lodging House License, to be in force until the first day of the month following the next quarterly licensing meeting of the Justices of the district in which the premises for which such license is

Transfer may be

by endorsement

on the license

Payment by proportional part of annual fee

transferee of

Fresh license may be granted circumstances

under certain

Grant of temboarding, or lodging-house

porary eating,

license

Grant of hotel license

Effect of hotel license

Provisions ap

licenses

The Wines, Beer, and Spirit Sale Act, 1880-Amendment applied for are situate, may be granted at any time by the Resident or Police Magistrate of the said district, without any previous notice thereof being given by or on behalf of the applicant: Provided that the person to whom such a certificate is granted shall pay the sum of ten shillings to the proper officer authorised to issue licenses within seven days after the granting of the said certificate, otherwise the said certificate shall be void, and the said officer shall, upon the production to him of the said certificate and the payment of the said fee, issue an Eating, Boarding, or Lodging House License to be in force for the time aforesaid.

8. It shall be lawful for the licensing Justices to grant to any such person as may be approved of by them a certificate authorising the granting of a license to be called an Hotel License. An Hotel License shall be in the form contained in the Schedule hereto. The annual fee which shall be paid for such a license shall be Twenty-five pounds, subject to the proviso to section 15 of the principal Act as to part payment of such annual fee hereinafter enacted.

9. An Hotel License shall authorise the licensee to sell and dispose of any liquor, at any time, to lodgers or boarders in the hotel, for the use of such lodgers or boarders, or of their guests, to be consumed on the premises, or to persons taking a meal at the hotel, to be consumed during such meal; but it shall not authorise the licensee to sell or dispose of liquor to any other persons or in any other manner than as aforesaid.

10. All the provisions of the principal Act as to the conditions of plicable to hotel obtaining licenses, the hearing of and objections to applications, the renewal and rehearing of applications for and the transfer and removal of licenses, shall apply to Hotel Licenses in as full and ample a manner as to the other licenses mentioned in the said Act; provided that the said provisions are applicable thereto and are not inconsistent with this Act. The holders of Hotel Licenses shall have all the rights and shall be subject to all the duties and liabilities of the holders of Publican's General Licenses under the said Act, subject to the proviso aforesaid; and section 49 of the principal Act shall apply to every house for which an Hotel License shall be granted.

No license required for sale of wine by vineyard occupier

under certain circumstances

Sale or possession of adulterated liquor

11. No license under the principal Act shall be required for the sale by any person, the occupier of a vineyard or orchard of not less than one acre in extent, and the delivery after sale in quantities of not less than one gallon, at any one time, of wine, cider or perry, manufactured by such person from fruit grown in the Colony. Provided that such wine, cider or perry be not sold or delivered to any one in a state of intoxication, and be not consumed on the premises in the possession or occupation of such occupier or his servants, and be not sold or delivered on Sunday, Good Friday, or Christmas Day. Any person offending against the provisions of this clause shall be liable to a penalty for every such offence of any sum not exceeding Ten pounds.

12. If any licensed person shall by himself, or his agent, or servant, sell or dispose of, or offer, or attempt to sell, or dispose of, or shall have upon his licensed house or premises, any liquor which is adulterated, or which is mixed with, or contains any tobacco, vitriol,

The Wines, Beer, and Spirit Sale Act, 1880-Amendment

opium, coculus indicus, grains of paradise, quassia, alum, salt of tartar, creosote, or any extract or preparation of any of the aforesaid substances, or any matter or ingredient which is injurious to health, he or she shall on conviction thereof before any two or more Justices of the Peace in Petty Sessions, be liable to pay a penalty not exceeding Fifty pounds, together with a fine of Two pounds in respect of the analysis of such liquor; which latter sum shall be paid to the sole use of Her Majesty, her heirs and successors, for the public use of the Colony and the government thereof; and the said Justices may also in their discretion, by order under their hands, declare the license of such person to be forfeited, and the same shall thereupon become void. Provided that no person shall be liable to be convicted under this section if he shall show to the satisfaction of the Justices before whom he is charged that he did not know that the said liquor was adulterated or mixed as aforesaid, and that he could not, with reasonable diligence, have obtained that knowledge.

public analysts

13. It shall be lawful for the Governor of the Colony from time to Appointment of time to appoint, in his discretion, some fit and competent person or persons to be public analysts of liquors under this Act, at such remuneration and on such terms as to the Governor may seem fit, and in his discretion to remove or dismiss such analysts from their appointments. Every such appointment shall be published in the Government Gazette.'

14. It shall be lawful for any Justice of the Peace or for any member of the police force to demand and take for analysis a sample or samples of any liquor found by him or being upon any licensed house or premises, upon payment of a reasonable sum for the same; and the licensee of the said house or other person for the time being in charge thereof shall be entitled to seal up the bottle or other vessel in which such liquor so taken as aforesaid shall be put. If the licensee or other person in charge of the said house shall not seal up the bottle or other vessel in which the liquor shall be put, the Justice or officer of police shall, as soon as possible after he shall have received any such sample, seal up the said bottle or vessel.

15. Any person who shall purchase any liquor at a licensed house or premises, or from any person or his agent licensed to sell liquors, and who shall desire to have such liquor analysed, shall, after the purchase shall have been completed, forthwith notify to the seller, or his agent selling the liquor, his intention to have the same analysed; and the licensee or seller or his agent as aforesaid shall be entitled to seal up the bottle or vessel in which such liquor shall be put. If the licensee, seller, or agent, as the case may be, shall not seal up the bottle or vessel in which the liquor shall be put, the purchaser shall, as soon as possible after the purchase, seal up the said bottle or vessel. 16. If any licensed person or his servant or agent shall refuse to give to any Justice of the Peace or member of the police force any sample of liquor duly demanded as aforesaid, or shall obstruct any such Justice, police officer, or any other person lawfully demanding or buying liquor for analysis as aforesaid, he or she shall, on conviction thereof before any two or more Justices of the Peace in Petty Sessions, be liable to a penalty not exceeding Fifty pounds.

Any justice or police officer samples of

may demand

liquors for

analysis

Any person may for analysis

purchase liquor

Obstruction of persons in taking samples of

justices or other

liquor