No. XLIII. XLIII. Ord. 25 anno AN ORDINANCE TO CONSOLIDATE THE LAW RELATING TO Preamble. Enacted 30th October, 1868, published the 31st following, came into operation on 1st January, 1869. [FRANCIS HINCKS, Governor.] WHEREAS it is necessary to consolidate the Law relating to Licences for the Sale of Wine, Malt Liquor, and Spirituous Liquors, and for this purpose to repeal the existing Laws, and to make other provisions, relating to such Licences :-Be it therefore enacted by His Excellency the Governor of British Guiana, with the advice and consent of the Court of Policy thereof, as follows: 1. Such parts of the following six Repealing sec of the year 1850, No. 10 of the tion. trates and Ordinances, namely, No. 15 year 1851, No 7 of the year 1852, No. 8 of the year 1858, No. 15 of the year 1863, and No. 6 of the year 1867, as would, but for the repeal thereof, regulate the granting of Liquor Store Licences, and Retail Spirit Shop Licences to be granted for the first half of the year 1869, shall be and the same are hereby repealed on the taking effect of this Ordinance; and all other parts of the said six Ordinances shall be and the same arc hereby repealed on and from the First day of January, One Thousand Eight Hundred and Sixtynine, save and except as to things done, fines, penalties and forfeitures incurred, seizures made, and offences mad punishable, under or by virtue of the said Ordinances, or any one of them, all which things done shall be of the same effect, and which fiues, penalties, forfeitures, seizures, and offences, shall be dealt with, as it this Ordinance had not been passed. 2. For the purposes of this Ordinance, Georgetown shall be Police Magis considered the Judicial District of a Stipendiary Justice, and the Superintend. Police Magistrate of Georgetown shall be the Stipeudiary Justice ents of Rivers of such Judicial District, and every Superintendent of Rivers and and Creeks to have powers Creeks may act as a Stipendiary Justice within his District. of Stipendiary Justice. 3. The [Ord. 25 anno 1868.] No. XLIII. this Ordinance 3. The Governor is hereby authorised to appoint Special Justices Governor may of the Peace, who, in case of the absence from their Districts, or appoint Spe. the inability at any time to act, of Stipendiary Justices, may perform for purposes of all the duties of Stipendiary Justices relating to the granting and transfer of Licences under this Ordinance; and to the ordering of seizures under the fifty-third section of this Ordinance; and such Special Justices shall not be required to take any oath of Office. Any Stipendiary or Special Justice may, in any Judicial District Power of any and without any Special appointment perform all the duties by this Stipendiary or Special Justice Ordinance assigned to the Stipendiary Justice of the district; any to act for Jus tice of District, Commissary of Taxation or Clerk to a Stipendiary Justice may, and any Com in any Fiscal District, and without any special appointment, per Magistrates' form all the duties by this Ordinance assigned to the Commissary Clerk to act of Taxation of the District. missary or for Commis. sary of Distriot certain terms 4. In this Ordinance, the word "Licence" used by itself shall Meaning of mean "Retail Spirit Shop Licence;" the word "Commissary" in Ordinance. used by itself in relation to a Licence, shall mean any person doing the duty of Commissary of Taxation in the Fiscal District within which the Licence is to be used; the term "Stipendiary Justice" used by itself in relation to a Licence, shall mean any person doing the duty of Stipendiary Justice in the Judicial Dis trict within which the Licence is to be used; the term "Financial Year" shall mean Twelve months commencing on the First day of July in one year and ending on the Thirtieth day of June in the next succeeding year; the term "Rum" shall include all liquor whatever of which Rum forms a component part; the term "proof" shall mean proof as shewn by Sikes' Hydrometer; the term "Colonial Bonded Warehouse" shall mean the Colonial Bonded Warehouse in Georgetown or in New Amsterdom; the term "by waolesale," with reference to Rum, shall mean in quantities, of Forty-five gallons and upwards when disposed of for consumption within the Colony, and of twenty gallons and upwards when disposed of for exportation, and with reference to other spirituous Liquors, shall mean in quantities of Forty gallons and upwards; the term "business premises" shall include any room or place adjoining, or adjacent to, any store or shop. meter and 5 Every instrument purporting to be a Sikes' Hydrometer, and Sikes' Hydro all weights used with the same, and all printed tables purporting to Tables to be $2 be rect. deemed oor. [Ord. 25 anno 1868.] By whom the cences to be issues of Li. dealt with. No. XLIII. be tables for ascertaining the strength of Spirits with Sikes' Hydrometer, according to their temperature by Fahrenheit's Thermometer, and purporting to be printed by authority of Parliament, may be used by any Officer of Colonial Revenue in order to ascertain the strength of any Rum for the purposes of this Ordinance, and, as well as any Fahrenheit's thermometer used by any such Officer for the purposes of ascertaining the temperature of such Rum, shall be deemed to be correct, and to give correct results, until the contrary shall be shown by some person interested. 6. The Colonial Receiver General shall deal with all Licences whatever issued for localities within the Counties of Demerary and Essequebo; and the Assistant Receiver General, with all Licenses whatever issued for localities within the County of Berbice. (Section 7 repealed by Ordinance 9 of 1871.) 8. Every person who shall sell or offer for sale, or shall barter, Penalties for exchange, or otherwise dispose of, any Rum. except by wholesale, sale, &c., of Rum or other or in some Retail Spirit Shop for which he or some person by whom Spirituous he is employed shall a Licence, shall be liable to a penalty of not Liquors by retail without a less than Fifty, and not more than Five Hundred Dollars; and Licence. every person who shall sell, or offer for sale, or shall barter, ex Penalty on holder of Liquor Store Licence sell. ing, &c., less than two gallons. Penalty for sale without a Licence of Wine or Malt change, or otherwise dispose of, any other Spirituous Liquor, except by wholesale or in some Retail Spirit Shop, or some Liquor Store, or some Hotel or Tavern, for which he, or some person by whom he is employed, shall have a Licence, shall be liable to a penalty of not less thau Twenty, and not more than Two Hundred, Dollars: Provided that not more than one charge shall be brought against any person in respect of offer ces against this section committed on any one day. 9. Every holder of a Liquor Store Licence who shall sell or offer for sale, or shall barter, exchange, or otherwise dispose of, any Spirituous Liquor other than Rum, in quantities of less than two gallons, shall be liable to a penalty of not less than Fifty, and not more than Five Hundred, Dollars; every person other than the ho'der of a Retail Spirit Shop Licence, or of an Hotel or Tavern Licence, who shall sell, or offer for sale, or shall barter, exchange, or otherwise dispose of any wine, or Malt Liquor, to be drunk on the premises, | Ord. 25 anno 1868.] No. XLIII. drunk on the Licence sell premises, shall be liable to a penalty of not less than Ten, and not Liquor to be more than Fifty Dollars; and every holder of an Hotel or Tavern premises. Licence who shall sell or offer for sale, or shall barter, exchange, holder of Hotel Penalty on or otherwise dispose of, any Spirituous Liquor, except to be drunk or Tavern on the premises, or by wholesale, shall be liable to a penalty of not ing Spirituous less than Fifty, and not more than Five Hundred, Dollars: Provided Liquor except that not more than one charge shall be brought against any person the premises or by wholesale. in respect of offences against this section committed on any one Proviso. day. to be drunk on ferent kinds of 10. There shall be one class of Liquor Store Licences, one class Classes of dif of Hotel or tavern Licences, and as many classes of Retail Spirit Licences. Shop Licences as may be fixed by any Tax Ordinance for the time being relating to the same. Licences may II. Liquor Store Licences and Retail Spirit Shop Licences Time for which may be taken out at any time, for the whole unexpired portion of be taken out. any Financial Year, provided that the period for which they are taken out shall not be less than Three Months. Hotel or Tavern Licences may be taken out at any time, for the whole unexpired portion of any Financial Year, provided that the period for which they are taken out shall not be less than One Month. 12. All Licences dealt with in this Ordinance shall be obtained Licences how to be obtained and paid for in the manner hereinafter provided. and paid for, 13. There shall be an Excise Board, to consist of such persons Excise Board as may be appointed members thereof by His Excellency the Go- to be appointed vernor, who shall have the power to add to or vary the constitution of the Board, and to appoint a Chairman and a Secretary of the Board, and vary such appointments from time to time as to him shall seem fit. 14. The Excise Board shall determine, in manner hereinafter Powers and functions of provided, as to the granting of Liquor Store Licences and Hotel Excise Board. or Tavern Licences and as to the granting and classification of Retail Spirit Shop Licences, and shall regulate and control the issue of all Licences under this Ordinance, and shall supervise the holders of all such Licences, and all Commissaries of Taxation and others engaged in carrying out the provisions of this Ordinance. [Ord. 25 anno 1868.] No. XLIII. 15. It shall be the duty of the Excise Board from time to time Excise Board to frame regulations not inconsistent with the provisions of this to Frame re- Ordinance for the following purposes :— regulations for purposes of this Ordinance. 1stly. For establishing a proper classification of Retail Spirit Shop Licences in the several Districts of the Colony. 2ndly. For the guidance in the discharge of their duties of the Commissaries of Taxation and all others engaged in carrying out the provisions of this Ordinance, and for providing them with proper forms. 16. All powers of the Board may be exercised at meetings of How powers of such Board at which not fewer than Three members shall be present; Excise Board may be exer. cised. and at every meeting the Chairman, if present, shall preside, and in the absence of the Chairman, one of the members of the Board present shall be chosen by the members present to preside at the meeting, and such Board may act notwithstanding any vacancy therein, and meetings of the Board shall be convened, whenever necessary, by the Chairman. 17. Every person desirous of procuring a Liquor Store Licence shall make application to the Excise Board in the form in the for a Liquor Schedule hereto annexed, and marked A, and every person desirous Application or Tavern Licence. How Excise proceed with of obtaining an Hotel or Tavern Licence shall make application to the Excise Board in the form in the Schedule hereto annexed, and marked B, and in making such application shall name some place in Georgetown to which all communications relating to it are to be addressed. 18. The Excise Board shall proceed at once to take every such application into consideration, and shall grant or refuse the same as to them shall seem fit, and, immediately on coming to a decision shall intimate such decision to the applicant at the address given by him as herein before provided, and when they refuse any application they shall state their reasons for such refusal. 19. Any such applicant may appeal against any decision of the Applicant may Excise Board refusing him a Licence, and such appeal shall be by petition to the Governor and Court of Policy; and every such peti appeal from decision of |