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Canterbury Provincial Ordinances |
8. The Public house Ordinance 1863
Analysis. Preamble.
Whereas an Ordinance was passed by the Governor and Legislative Council of New Zealand, entituled "The Licensing Ordinance Session II., No. 12," and a like Ordinance, entituled "The Licensing Amendment Ordinance, Session III., No. 21," and an Ordinance passed by the Governor-in-Chief and Legislative Council of New Zealand, entituled "The Licensing Amendment Ordinance, No.
2., Session XI., No. 16:" And Whereas an Ordinance was passed by the Superintendent and Provincial Council of the Province of Canterbury, entituled "The Public House Ordinance, Session VI., No. 3," repealing the above recited Ordinances within the Province of Canterbury: And Whereas an Ordinance was passed by the Superintendent and the Provincial Council, entituled the "Public
House Ordinance, 1862:" And Whereas it is expedient that the said "Public
House Ordinance" should be repealed and certain other provisions
should be made
in lieu thereof:
Be it therefore enacted by the Superintendent of the said Province of Canterbury, with the advice and consent of the Provincial Council thereof, as follows:
1. The said recited Ordinances are hereby repealed, except so far as the same extend to repealing any former Ordinance, and except also that all licenses granted under the said recited Ordinances shall remain in full force and virtue
until the end of the terms for which such licenses have been granted, and all offences committed against the said recited Ordinances before the commencement of this Ordinance, shall and may be prosecuted, heard, determined, and punished as if this Ordinance had not been made; and all such offences committed after the commencement of this Ordinance shall be prosecuted, heard, determined, and punished under the provisions of this Ordinance.
2. If any person, not being duly licensed, shall, upon any occasion, sell any quantity less than two gallons of any one kind or description of spirituous liquor, wine, ale, or beer, or knowingly permit the same to be sold in or upon his house
or premises, or to be removed at any one time from his premises, for the purpose of sale, he shall forfeit and pay for every such offence the sum of fifty pounds: Provided that no person who has been convicted under the provisions of this section shall at any time thereafter be permitted to hold any license whatsoever under this Ordinance.
3. All such liquors which shall be hawked about or exposed for sale in any unlicensed house or premises, except as hereinafter provided, may be seized by any Constable, and forfeited by order of any two or more Justices of the Peace, upon information to be laid before them.
4. All liquors so forfeited shall be destroyed or sold in such manner as the Court before whom the conviction shall have taken place may direct, and the net proceeds of such sale shall be applied to the public service of the Province: Provided that one-half such net proceeds, if claimed within one calendar month from sale, shall be paid to any person or persons seizing the said liquors, or giving such information as may have led to the seizure and forfeiture thereof.
5. Licenses to be issued under this Ordinance shall be of four classes, that is to say—
1st. Hotel Licenses, to sell any spirituous or fermented liquors in the form in
Schedule A annexed.
2nd. General Licenses, to sell any spirituous or fermented liquors in the form in
Schedule B hereunto annexed.
3rd. Conditional Licenses, in the form in Schedule C hereunto annexed, to sell spirituous and fermented liquors, subject to certain conditions to be fulfilled by the Licensee for the benefit and convenience of the public in consideration of obtaining such license.
4th. Refreshment Licenses, to sell Wine and Beer to be drunk on the premises, but only to persons partaking of refreshments; the Licensee not to keep any tap- room or bar, in the form in Schedule D hereunto annexed.
And every such license shall continue in force from the first day of July, after the issue thereof, to the thirtieth day of June in the year following inclusive, or if issued at any quarterly licensing meeting subsequently to the first of July as hereinafter provided, then up to the thirtieth of June following the issue of such license: Provided that no conditional license shall be issued for any house within the limits of a township.
6. No license shall be needed for the sale of any spirituous or fermented liquors as medicine or perfumery, or at any military canteen duly established under the regulations of Her Majesty's service, or for any public sale by auction by an Auctioneer duly licensed.
7. Every person desirous of obtaining a license under this Ordinance shall, thirty days before any licensing meeting, deliver, or cause to be delivered to the Resident Magistrate of the Court nearest to the house in which it is proposed to exercise such license, a notice in writing, signed by him, in the form in the Schedule E hereunto annexed.
8. On or before the eighth day after the last day on which applications may be delivered as aforesaid, the Resident Magistrate of the District shall cause to
be transmitted to the Resident Magistrate at Christchurch a list of all such notices and applications, setting forth the names and descriptions of the Applicants, and the houses proposed to be licensed, and shall also affix a copy of such list to the door of the Court-house or office, there to remain for public information until the licensing meeting.
9. The Resident Magistrate at Christchurch shall forthwith cause such list to be published in the Provincial Government Gazette, and one or more newspaper within the Province, together with a notice of the annual licensing meeting to be held as hereinafter provided.
10. On the first Tuesday in May in every year there shall be holden at the Resident Magistrate's Court-house for the district, a general meeting of Justices of the Peace, to be called the Annual Licensing Meeting, for the purpose of taking into consideration such applications as aforesaid, and three Justices shall
form a quorum at any such meeting, and the senior Justice in the Commission of the Peace present at any such meeting shall preside thereat: Provided always that any such meeting as aforesaid may be continued by adjournment to such day not later than the fifteenth day of June, and at such place or places as the Justices present shall determine.
11. It shall be lawful, nevertheless, for the Justices to receive and consider and determine upon any applications for new licenses, in accordance with the conditions hereinbefore recited, at Quarterly Meetings of Justices, to be convened for such purpose. Such Quarterly Meetings shall be held on the first Tuesday in October, the first Tuesday in January, the first Tuesday in April, and the first Tuesday in July, or such other day, not exceeding seven days from the said days respectively, as to such Justices shall seem fit.
12. In considering any new applications under this Ordinance, the Justices shall confine themselves to the consideration of the truth of the facts set forth in the certificates directed to be furnished under the provisions of this Ordinance, and if the truth of such facts shall be established, such Justices shall direct a license to issue.
13. If there shall not be a quorum in attendance at any such meeting, the Resident Magistrate shall forthwith signify the same to the Superintendent, and it shall then be lawful for the Superintendent, with the advice and consent of the Executive Council, to perform all acts which the Justices in any such licensing meeting assembled are empowered to perform under the authority of this Ordinance.
14. No Justice of the Peace, being a Brewer, Maltster, or Dealwer in any spirituous liquor, wine, ale, or beer, or being interested, directly or indirectly, in any house or premises already licensed, or in respect to which a license is applied for, shall act at any such meeting, and any Justice offending against the provisions of this clause 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.
15. It shall be lawful for the Justices assembled at such meeting to grant to such of the Applicants as aforesaid Hotel and General Licenses, Refreshment or Conditional Licenses, and such licenses, when granted in manner hereinafter provided, shall be signed by the Chairman at such meeting. The Justices assembled at such meeting aforesaid shall first consider the renewal of licenses from the Holders of licenses granted at the last annual or at any subsequent quarterly licensing meeting, or at any adjournment thereof, and the Applicants shall attend such meeting, either in person or by a Solicitor, and shall produce the license issued at such licensing meeting, and the Justices of the Peace so assembled as aforesaid shall thereupon issue a renewal of such license, and such license shall be signed by the Chairman at such meeting: Provided always that if the license so previously issued shall have been endorsed in accordance with the fortieth section of this Ordinance, then it shall be lawful for the Justces so assembled at such meeting to refuse any application for the renewal of such license, in which case the consideration of such application shall be adjourned, and the Chairman at such meeting shall give notice to the Applicant of the day and time at which his application will be heard, and the Licensee shall be at liberty, at such adjourned meeting, to produce evidence before Justices in
support of his application, and shall be heard in person or by his Solicitor, and all
Witnesses called on such occasions shall be examined on oath.
16. All applications made for the first time for an hotel license must be in writing, and in the form of Schedule E, hereunto annexed, and must be accompanied with a certificate, signed by a Justice of the Peace for the district; or if the house for which the license is sought is within the limits of any city or town under Municipal Government, then from the Chairman of such City or Municipal Council or Justice of the Peace, stating that the premises are suitable and further must certify to the character and qualifications of the Applicant, and such certificates must be in the form set forth in Schedule F to this Ordinance.
17. In the case of all Applicants for the first time for a license, whether for general or refreshment licenses, it shall be lawful for the Justices to grant licenses only to such of the Applicants as shall produce a written certificate, signed by not less than ten Householders, in the form set forth in Schedule H to this Ordinance, and upon which there shall also be endorsed a further certificate that the house or building for which such license is required is suitable for the purposes of such business.
18. Any Justice of the Peace, Chairman of a City or Municipal Council, Chief Officer of Police, or Owner of property in the neighbourhood of a house for which such license is sought to be granted, may object to the issue of such license, by giving notice of his objection, in writing, to the Resident Magistrate, or to the
Clerk to the Bench of Magistrates, and to the Applicant, at least ten clear days before the licensing meeting at which the application is to be heard, and such notice shall set forth the grounds of objection, and it shall be the duty of such Justices to hear and determine such objections; and it shall be lawful for such Justices in the event of such objections being deemed frivolous or vexatious, to direct that the Applicant shall be paid such costs by the person so objecting as they may consider reasonable and fair, not exceeding five pounds, and which costs may be recovered in a summary way.
19. No refreshment license shall be granted unless it shall appear that the Applicant has provided at least one room to be exclusively set apart for the especial accommodation of females, with proper and convenient access thereto, and it shall not be lawful for the Holder of such license to keep in his house any bar or tap-room for the sale of fermented liquors, nor shall he be allowed to draw any liquor except to persons partaking of refreshment: Provided that if any person shall offend against the provisions of this clause, he shall be liable to a penalty of not exceeding five pounds for each offence.
20. It shall be lawful for any two Justices of the Peace to cancel any refreshment license upon the information of an Inspector or other Chief Officer of Police for the district, proved in open Court and in the hearing of the Holder of such license, or his Solicitor, that refreshments, in accordance with the meaning of the Ordinance, are no longer provided on the premises of such licensed person.
21. In the case of all applications for a conditional license, or a renewal thereof, it shall be lawful for the Justices assembled at such annual or other licensing meeting aforesaid to consider and determine upon the same, and to direct such terms as they shall think fit, and in each case respectively upon which such license shall be issued: Provided always, that no application for a renewal
of a conditional license shall be withheld, except upon a proof of the non- fulfilment of such conditions, or except in manner set forth in clause forty of this Ordinance.
22. If such Justices shall think it expedient to refuse any application for a hotel or general license, or for the renewal of a general license, upon proof of conviction under any clause or clauses of this Ordinance, it shall be lawful for them, if they think fit, and the Applicant concur, to grant a refreshment license, or a conditional license, subject always to the provisions herein contained.
23. The Resident Magistrate of the district for which such license shall have been issued shall forthwith transmit every license granted as aforesaid to the Provincial Treasurer, or to the Sub-Treasurer, whose office shall be nearest to the house for which such license is issued, and shall also forthwith notify to each person to whom a license shall been granted that such license is ready to be issued, and such Treasurer or Sub-Treasurer shall issue the license to the Licensee upon his application for the same, and upon payment of the sum hereinafter mentioned, that is to say:—for a "general license," the sum of fifty pounds; for an "hotel license," the sum of thirty pounds; for a "refreshment license," the sum of ten pounds; for a "conditional license," such a su, not
exceeding the sum of fifteen pounds, as shall be named therein, at the discretion of a majority of the Justices at the annual licensing meeting in each case respectively; and such Treasurer or Sub-Treasurer shall endorse on each license s issued by him a receipt for the sum paid to him in respect thereof.
24. The Resident Magistrate at Christchurch shall also, as soon as may be thereafter, cause a list of the several persons to whom and the several houses for which such licenses shall have been granted, together with a description of the license in each case respectively, to be published in the Provincial Government Gazette, and in one or more newspapers of the Province.
25. If any Licensee shall neglect to apply to be the Treasurer or Sub- Treasurer, as the case may be, for his license, and to pay the sum hereinbefore mentioned on or before the first day of July next following the annual licensing meeting, the Treasurer or Sub-Treasurer shall return it to the Resident Magistrate of the district, who shall thereupon notify in the Provincial Government Gazette, and in one or more newspapers of the Province, that such license has been withheld and such license shall thereupon be referred to the Superintendent,
who, with the advice of the Executive Council, shall have power to direct the license to issue, or shall withhold the same at his discretion: Provided that such decision shall be made within thirty days of such first day of July, and that on the issue of such license an additional fee be paid of not less than ten pounds.
26. If any Licensee shall neglect to apply to the Treasurer or Sub-Treasurer, as the case may be, for his license, and to pay the sum hereinbefore mentioned for such license, for a period of seven clear days after the granting thereof at any quarterly meeting of Justices, such license shall thereupon be cancelled absolutely by such Treasurer or Sub-Treasurer.
27. Nothing in this Ordinance shall prevent any person whose license shall have been refused at any previous licensing meeting prior to the passing of this Ordinance from applying for a license.
28. If the Holder of any license shall be desirous to transfer the same to any person, and such person shall appear before the nearest Resident Magistrate's Court, and shall present a certificate in the form of Schedule F or H, as the case may be, as though he were applying for an original license, it shall be lawful for any three Justices of the Peace sitting in such Court to transfer such license to the Appointee of the original Holder by endorsement on the back thereof, in the form in Schedule I hereunto annexed; and a meeting of Justices for the purpose of transferring licenses shall be held on the first Tuesday in every month:
Provided that if such first Tuesday of the month, or either of them, shall be proclaimed a public holiday, such transfer may be made on the day following, or at such other day as shall have been previously appointed for the purpose by the Resident Magistrate.
29. In case of the death of any person holding a license under this
Ordinance, it shall be lawful for any two Justices of the Peace to endorse on such license, in the form or to the effect in Schedule K hereunto annexed, the name of any person whom they may appoint to carry on the business, and such persons shall be thereby authorized to carry on business until such time as the Executors, Administrators, or other persons duly authorized by them, shall have received the necessary authority by way of transfer of such license.
30. It shall not be lawful for any person holding a license under this Ordinance to sell or supply any liquors, or to suffer the same to be drunk in or upon his house or premises upon any Sunday or Christmas Day or Good Friday, or upon any other day between the hours of eleven at night and six in the morning; and on such days and within such hours his house and premises shall be closed, and any person offending against the provisions of this clause, shall be liable to a penalty of not more than twenty pounds: Provided always, that in any licensed house it shall be lawful at any time to supply such liquors to any
persons who shall be bona fide Lodgers in such house, having a bed provided for them therein, or who shall be bona fide Travellers, and shall have no residence within three miles of such house: Provided also, that nothing herein contained shall be interpreted to authorize the opening of any outer or street door leading to the bar or tap on the days and within the hours above mentioned, or suppying
any liquors therein.
31. It shall be lawful for two Justices of the Peace, on special occasions, not originating with the Licensee, to grant permission to keep a duly licensed house open beyond the prescribed hour for closing, except on Sundays; and under such regulations as they may think proper, to carry on his business in any
building or in any booth temporarily erected at a distance from his licensed house at public races or upon any other public occasion of a like kind, to continue for such a time and upon such conditions to be set forth in such written permission, as they shall think fit; and a copy of such permission shall be lodged by the Licensee with the Chief Officer of Police for the district immediately after
obtaining the same; and no person acting under the authority of such written permission, a copy of which shall have been so lodged, but not otherwise, shall be liable to any penalty which he would otherwise incur under the provisions of this Ordinance.
32. Every person who shall have or keep any house, shop, room, or place of public resort wherein provisions, liquors, or refreshments of any kind shall be sold or consumed (whether the same shall be kept or retailed therein, or procured elsewhere), and who shall wilfully and knowingly suffer any lawful
games, or gaming whatsoever therein, or knowingly permit or suffer prostitutes or persons of notoriously bad character to meet together and remain therein, shall for every such offence forfeit and pay a penalty not exceeding ten pounds.
33. Every Holder of a conditional license shall cause a true and legible copy
of the conditions under which his license is held to be affixed and maintained in a conspicuous part of his house, and any such person refusing or neglecting to comply with the provisions of this clause shall be liable to a penalty not
exceeding forty shillings.
34. If any licensed person shall permit any gambling of any kind whatsoever to be carried on in his house or premises, he shall be liable to a penalty not exceeding twenty pounds.
35. If any person holding a license under this Ordinance shall supply, or suffer to be supplied, in or upon his house or premises any intoxicating liquors to any person in a state of intoxication, or in such inordinate quantities as to produce intoxication, he shall be liable to a penalty not exceeding ten pounds for every such offence.
36. If any licensed person shall take anything whatsoever in pledge for any liquor sold or supplied, or anything whatsoever except metallic or paper money, or a cheque or order for the payment of money, he shall be liable to a penalty not exceeding ten pounds for every offence.
37. If any licensed person shall knowingly permit any wages to be paid in or upon his house or premises, save only the wages of persons employed as servants therein, he shall be liable to a penalty not exceeding ten pounds for every offence.
38. If any Holder of a license shall neglect or refuse to have a lamp, giving a good and sufficient light, affixed over the front or principal door of his house, or to keep the same burning from sunset till eleven o'clock, he shall be liable to a penalty, not exceeding twenty shillings, for every such offence.
39. Every licensed person shall sell or otherwise dispose of all liquors (except in quantities less than half-a-pint) in vessels sized to full Imperial measure, according to the standard which is by law established in this Colony, and shall also, if required by any quest or customer purchasing such liquor, retail the same in a vessel sized according to such standard, and in default thereof shall, for every such offence, on conviction, forfeit and pay any sum not exceeding five pounds.
40. In all cases where a Licensee of any house duly licensed under the authority of this Ordinance shall have been convicted in any of the foregoing penalties, the Justices shall endorse upon the license a record of such conviction, which license shall be produced at the next annual licensing meeting; and whenever such license shall shew by such endorsements two or more convictions under this Ordinance, it shall be lawful for such Justices, at their discretion, to refuse to renew such license, or to suspend the same for such period not exceeding sixty days, or to inflict a further penalty of not exceeding twenty pounds, as to such Justices shall seem fit; and such Justices shall in the event of a suspension of such license, cause a notice of such suspension, in writing under their hands, to be served on the Holder of such license, or by
affixing the same on the door of such house, and shall also cause a copy of such notice to be published in the nearest newspaper.
41. Whenever any complaint shall have been made by any Constable or other person against the Holder of a license, and the same shall have been recorded, it shall be the duty of the Chief Officer of Police to forward a copy thereof to the Occupier of such licensed house within forty-eight hours of the complaint being made, and such Officer shall thereupon proceed to lay information thereof before a Justice of the Peace.
42. The Chief Officer of Police, other than the Commissioner for any district, shall have power and authority to enter any hotel, licensed under this Ordinance, between the hours of six o'clock in the morning and eleven o'clock at night, in order to ascertain if the accommodation afforded in such hotel is of a fit and proper character, and in accordance with the conditions specified in the Schedule to this Ordinance; and it shall be the duty of such Officer to report to the Justice
of the Peace at least once in every three months (or at the quarterly meeting of Justices) the result of such inspection; he shall also furnish a copy of such report to the Occupier of such licensed house when required, without fee.
43. If it shall appear from the reports of the Chief Officer of Police that any hotel for which a license has been issued in accordance with this Ordinance has ceased to afford the accommodation named in the certificate attached to the license, or that the Licensee is disqualified by repeated acts of misconduct and insobriety to conduct such house, it shall be lawful for the Justices of the Peace assembled at any annual licensing meeting, at their discretion, either to suspend the license for any period not exceeding sixty days, or absolutely to refuse to grant a renewal of the same.
44. Any person charged with riotous or indecent behaviour, or being intoxicated on entering a licensed house, and refusing to quit the same when ordered so to do by the Licensee, shall, upon conviction before a Magistrate, be liable to a penalty not exceeding forty shillings, or, in default thereof, to be imprisoned for any period not exceeding forty-eight hours.
45. If it shall be proved to the satisfaction of three Justices of the Peace that any conditions named in a conditional license have not been properly fulfilled, it shall be lawful for such Justice to declare such license to be void and of no effect, and such license shall be void accordingly; or such Justices may, if they think fit, impose upon the Holder of such license any penalty not less than forty shillings nor more than twenty pounds, or suspend such license for so many days, not exceeding thirty, as they shall think fit; and such Justices shall cause a notice of such suspension of such license, in writing under their hands, to be served on the Holder of such license, affixing the same on the door of his
licensed house, and shall also cause a copy of such notice to be published in the nearest newspaper, and during the time specified in such notice such license shall be suspended.
46. Every Constable shall have power and authority to enter any licensed house, not being an hotel, upon receiving information that the provisions of this Ordinance are being contravened within such house, or upon hearing any riot or disturbance therein; and if any person shall obstruct, or attempt to obstruct or interfere with any Constable in the performance of his duties under this Ordinance, such person shall be liable to a penalty not exceeding ten pounds.
47. If any person shall be convicted of drunkenness before any Justice of the Peace, he shall be liable to a penalty not exceeding twenty shillings, and, in default thereof, shall be imprisoned for any period not exceeding forty-eight hours; and if any person shall have been so convicted twice in the space of three months, he shall be liable to twice the aforesaid penalty or term of imprisonment respectively; and if any person shall have been so convicted three times within the space of six months, he shall be liable to a penalty of five pounds, or in
default thereof, to be imprisoned for any period not exceeding two months, and to be imprisoned, with hard labour, for any period not exceeding fourteen days.
48. All penalties and forfeitures incurred under this Ordinance shall be recoverable in a summary way.
49. The Words "Chief Officer of Police" shall be taken to mean any Officer of
Police who shall be in charge of a district.
50. This Ordinance shall be entituled, and may be cited as the "Public House
Ordinance, 1863."
SCHEDULE A.
FORM OF HOTEL LICENSE.
Province of Canterbury, New Zealand, to Wit
Whereas at "the Annual (or Adjourned or Quarterly) Licensing Meeting" of Her Majesty's Justices of the Peace, acting in and for the Province of Canterbury, holden at on the day of , in the year 18 , pursuant to an Ordinance of the Superintendent and the Provincial Council of the said Province, entituled the "Public House Ordinance, 1863," A.B. of
, applied for an "Hotel License" for the house situate at in the said
Province, and known (or to be known) as
Now we, the Justices assembled at such meeting, do hereby license the said
A.B., upon payment by him to the Provincial Treasurer of
the said Province of
the sum of thirty pounds, to sell any spirituous or fermented liquors in any
quantity in the house aforesaid,
and in the appurtenances thereunto belonging.
This license to commence on the first day of July next, and continue in force
until
the thirtieth day of June then next ensuing, both days inclusive.
Given under our hands at , this day of , in the year 18 . (Signed)
Chairman
SCHEDULE B.
FORM OF GENERAL LICENSE.
Province of Canterbury, New Zealand, to Wit
Whereas at "the Annual (or Adjourned or Quarterly) Licensing Meeting" of Her Majesty's Justices of the Peace, acting in and for the Province of Canterbury, holden at on the day of , in the year 18 , pursuant to an Ordinance of the Superintendent and the Provincial Council of the said Province, entituled the "Public House Ordinance, 1863," A.B. of
, applied for a "General License" for the house situate at in the said
Province, and known (or to be known) as
Now we, the Justices assembled at such meeting, do hereby license the said
A.B., upon payment by him to the Provincial Treasurer of
the said Province of
the sum of fifty pounds, to sell any spirituous or fermented liquors in any
quantity in the house aforesaid,
and in the appurtenances thereunto belonging.
This license to commence on the first day of July next, and continue in force
until
the thirtieth day of June then next ensuing, both days inclusive.
Given under our hands at , this day of , in the year 18 . (Signed)
Chairman
SCHEDULE C.
FORM OF CONDITIONAL LICENSE. Province of Canterbury, New Zealand, to
Wit
Whereas at "the Annual (or Adjourned or Quarterly) Licensing Meeting" of Her Majesty's Justices of the Peace, acting in and for the Province of Canterbury, holden at on the day of , in the year 18 , pursuant to an Ordinance of the Superintendent and the Provincial Council of the said Province, entituled the "Public House Ordinance, 1863," A.B. of
, applied for a "Conditional License" for the house situate at in the said
Province, and known (or to be known) as
Now we, the Justices assembled at such meeting, do hereby license the said A.B., upon payment by him to the Provincial Treasurer of the said Province of the sum of pounds, to sell any spirituous or fermented liquors in any quantity in the house aforesaid, and in the appurtenances thereunto belonging; subject to
the conditions following, that is to say:—
(Set out the conditions.)
This license to commence on the first day of July next, and continue in force until the thirtieth day of June then next ensuing, both days inclusive.
Provided the said several conditions shall be so long fulfilled by the Holder
hereof, but not otherwise.
Given under our hands at , this day of , in the year 18 . (Signed)
Chairman
SCHEDULE D.
FORM OF REFRESHMENT LICENSE. Province of Canterbury, New Zealand, to
Wit
Whereas at "the Annual (or Adjourned or Quarterly) Licensing Meeting" of Her Majesty's Justices of the Peace, acting in and for the Province of Canterbury, holden at on the day of , in the year 18 , pursuant to an Ordinance of the Superintendent and the Provincial Council of the said Province, entituled the "Public House Ordinance, 1863," A.B. of
, applied for a "Refreshment License" for the house situate at in the said
Province, and known (or to be known) as
Now we, the Justices assembled at such meeting, do hereby license the said
A.B., upon payment by him to the Provincial Treasurer of
the said Province of
the sum of ten pounds, to sell wine, ale, or beer, in the house aforesaid, and
in the appurtenances thereunto
belonging. This license to commence on the first
day of July next, and continue in force until the thirtieth day of June then
next
ensuing, both days inclusive.
Given under our hands at , this day of , in the year 18 . (Signed)
Chairman
SCHEDULE E.
FORM OF APPLICATION FOR A LICENSE. Province of Canterbury, New Zealand, to
Wit
To the Worshipful the Resident
Magistrate, acting in and for
the Province aforesaid.
I, A.B. (state occupation), now residing at , in the Province aforesaid, do
hereby apply for a (state license) for the house and appurtenances
thereto
belonging, situate at (describe house and present Occupier if any).
(Signed) A.B. Dated at , this day of ,18 .
SCHEDULE F.
FORM OF CERTIFICATE.
Province of Canterbury, New Zealand, to Wit
To be signed by a Justice of the Peace, or by the Chairman of the City or
Municipal Council.
The undersigned, (Justice of the Peace or Chairman of Council) hereby
certifies that the house for which A.B. has applied for an "Hotel
License" is
suitable for the purpose, and contains rooms (here describe the same) and that
A.B. is a person of good character and
a proper person to receive a License
(here add special qualifications if any).
Witness my hands at , this day of ,18 .
SCHEDULE H.
FORM OF HOUSEHOLDERS' CERTIFICATE.
To be appended to Schedule F., signed by Ten Householders.
We the undersigned Householders (residing within 200 yards in the limits of any town, or two miles in any rural district) do hereby certify that the abovenamed
A.B. of , is a person of good character and a proper person to receive a license, and we further certify that the house or building for which
such license is required is suitable for the purpose of such business.
Witness our hands at , this day of ,18 .
SCHEDULE I.
FORM OF ENDORSEMENT ON LICENSE TO AUTHORIZE A TRANSFER THEREOF.
To be signed by Three Justices of the Peace sitting in the nearest Resident
Magistrate's Court.
Be it remembered, that we the undersigned, being Three of Her Majesty's
Justices of the Peace in and for the Province of Canterbury,
sitting in the
Resident Magistrate's Court at , do hereby, upon the application of the
within-named A.B. transfer the rights and
privileges of the within license to
C.D., for the remainder of the term therein mentioned; the said C.D. having
first presented a
certificate in compliance with the provisions of the "Public
House Ordinance, 1863."
Given under our hands at , this day of , in the year 18 .
SCHEDULE K.
FORM OF ENDORSEMENT ON LICENSE TO AUTHORIZE THE CARRYING ON OF THE BUSINESS OF A DECEASED LICENSEE.
To be signed by Two Justices of the Peace, sitting in the nearest Resident
Magistrate's Court.
Be it remembered, that we the undersigned, being Two of Her Majesty's Justices of the Peace in and for the Province of Canterbury, sitting in the Resident Magistrate's Court at , do hereby authorize A.B. to exercise the rights and privileges of the within license until the same shall have been duly
transferred by the executors or administrators.
Given under our hands at , this day of , in the year 18 .
Notes.
Passed by the Provincial Council 3rd September 1863, assented by Superintendent on behalf of the Governor on 4th September 1863. Sam Bealey, Charles Bowen, Henry Bacon Quin.
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