manner to the assistant Police Magistrate at Salt Cay. And all such applications shall be filed by the clerks in those respective offices, and entered in books to be kept for that purpose, for which 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. No. 4. Ord. No. 1, 1849. Application to be sent to Police Office. be accompanied by a cer tificate of fit ness. VIII. And be it further ordained, that all such applications shall be according to the form hereto annexed marked B, and all applications to retail spirituous or other liquors at Grand Cay or 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 & Application to license to retail spirituous or other liquors at these islands, shall be accompanied by a certificate from three persons who are qualified to 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 license as aforesaid, shall state in such application the place, shop, or store, in which such sale of spirituous or other liquors is to be 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 elscwhere 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 such quarterly meetings, and may lawfully remonstrate in a respectful manner, against the granting of a license to any such applicant, and may state his or her objection to the person applying, or to the place specified in any such application. XII. And be it further ordained, that it shall be lawful for the Justices aforesaid, to determine to which of the said applicants it is most proper licenses should be granted, and also whether the place specified in any such application is a fit and proper place for the retailing of spirituous or other liquors, and shall give to such of the applicants whose applications for licenses they shall deem most proper should be granted, certificates according to the form annexed, marked C. Application to state the place in which such business is to be carried on. Any one may of Licenses. Justices to decide to whom Licenses shall be granted and to give certificates. Licenses. 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. No. 4. Ord. No. 1, 1849. Bond to be given. Retailer to have a sign board over his door. Retailer not to sell anything but spirits and liquors in liquor shop: Liquor shop No spirits or liquors to be sold on the Lord's day. No gaming, tippling, or drunkenness allowed in liquor shop. Penalty for retailing without a license. No goods to be taken in pledge or barter for liquors. XIV. And be it further ordained, that before any person shall obtain a license to retail spirituous liquors or other liquors, such 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 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. XV. And be it further ordained, that every licensed retailer of spirituous liquors or other liquors, shall have a board with his or 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. XVI. And be it further ordained, that no person so licensed shall sell or dispose of anything but spirituous liquors or other liquors in the store, shop, or place in which the sale of spirituous liquors and other liquors by retail is carried on, nor shall any such store, shop, or place communicate with, or open into any other store, shop, or place in which the sale of other articles shall be carried on, under a penalty, not exceeding Two pounds for the first offence, and for every subsequent offence, under the penalties hereinafter mentioned. XVII. And be it further ordained, that no licensed retailer, as aforesaid, shall sell any spirituous liquors or other liquors on the Lord's Day or Good Friday, or before sunrise or after sunset; 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. XVIII. And be it further ordained, that no licensed retailer, as aforesaid, shall suffer any person or persons to gamble, get drunk, or tipple in or about such store, shop, or place in which 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. XIX. And be it further ordained, that any person who shall, without a license for that purpose first had and obtained in manner 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. * XX. And be it further ordained, that no licensed retailer shall receive or take goods of any kind, or articles of clothing, or tools, or working implements of any kind in pledge, or in exchange for 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. *The words in italics are repealed by Ord, 15, 1855, sec. 6 No. 4. Ord. No. 1, 1849. Penalties for second and XXI. And be it further ordained, that every offence committed by a licensed retailer, for the second or subsequent commission of which no specified punishment is hereinbefore provided, shall render such retailer, upon conviction for such second offence, liable to a penalty not exceeding double the amount of the first 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 Ordinance contained shall be held to apply to Physicians, apothecaries, or others who may sell or dispose of medicines, or perfumery, of which spirits may form a component part. Ordinance not to apply to sales of medicines or perfumery. Transfer of XXIII. And be it further ordained, that it shall and may be 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. Ord. No. 1, 1849. Limitation of prosecution. Appeal allowed. Meaning of the words spirituous liquors and other liquors. Nothing herein contained to restrict the jurisdiction of Police or Assistant Police Magistrate or Stipendiary Justice. levied of the offender's goods and chattels by writ of execution; and in default of goods and chattels, the officer executing such writ 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. XXVII. And be it further ordained, that every complaint or 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. XXVIII. And be it further ordained, that any retailer of spirituous 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. XXIX. And be it further ordained, that the words spirituous liquors or other liquors, wherever they occur in this Ordinance, shall be understood to include rum, brandy, gin, whisky, or other 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. XXXII. And be it further ordained, that no provision in this Ordinance shall be construed to limit, restrict, or supersede the jurisdiction of the Police Magistrate, or assistant Police Magistrate, or Stipendiary Justice for these islands over the parish or parishes, district or districts (as may hereafter be defined) within Salt Cay or the Caicos Islands: And provided always, that nothing in the foregoing, or in any of the clauses in this Ordinance, shall restrict, 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. APPENDIX. Gentlemen, Grand Cay, 18 day of the You are hereby notified that on the Justices of Grand Cay will assemble at the Court House to hold their quarterly meeting for A. B., Police Magistrate. Justices, Grand Cay. C. D. 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, 1849. Gentlemen, FORM B. Application for License. I request that a license may be granted me to retail spirituous liquors, wines, and other liquors in that (here describe premises) and at Grand Cay, and I offer as my sureties for the observance of the Ordinance in such case made and provided. To the Justices of the Peace Grand Cay (or Salt Cay). FORM C. Certificate of Justices. A. B. 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. An Ordinance to amend Ordinance No. 1 of 1849, entitled "An Ordinance to regulate the sale of Spirituous Liquors, Wines, and other Liquors, within the Turks and Caicos Islands." (Passed 1st November, 1855. Confirmed 20th March, 1856.) W No. 5. Ord. No. 15, 1855. HEREAS the Ordinance No. 1 of 1849 entitled "An Ordi- PREAMBLE. 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. Licenses may be obtained to sell liquors other than spirituous Sections I. and II. repealed by Ordinance No. 13 of 1860. III. That merchants, hotel-keepers, and persons desirous of selling wines, cordials, liqueurs, or fermented liquors, in quantities not less than one pint bottle, may do so by procuring a license to be obtained in the same manner as a license to retail 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 keepers of hotels) taking a license for selling wines, cordials, liqueurs, or fermented liquors, shall sell Not to be consumed on |