[Ord. 25 anno 1868.] Manner of proceeding cation for a transfer of a Retail Spirit Licence to another per son. No. XLIII. no Licence shall be removed from a locality in one Fiscal District to a locality in another Fiscal District; and if any proposed removal be from a locality in one Judicial District to a locality in another Judicial District, the Stipendiary Justice of the latter shall deal with such application. 37. When any holder of a Retail Spirit Shop Licence is desirous of transferring the same to any other person, the proposed transferor with an appli- and transferee shall make application by serving on the Commissary a joint notice in duplicate in the form hereto annexed, and marked K., as in case of an application for a renewal of a licence, and every application for such transfer shall thereafter be proceeded with, and dealt with in all respects in the same manner as provided for in the section last but one preceding with respect to an application for a new licence, except that the Excise Board shall not make any new classification of such licence; and provided that all intimations required to be given to an applicant, shall be given to both the proposed transferor and the proposed transferee, and that both shall attend at the meeting of the Justices, and that the Justices in their proceedings shall treat the transferee as an applicant for a licence; and provided further that after the execution of the Security Bond by the transferee and his sureties, it shall not be necessary to issue a new Licence, but the existing Licence shall be transferred by endorsement thereon by the Stipendiary Justice. to have power for for unex 38. The Excise Board may, if they shall see fit, allow the Excise Board transfer of any Licence under either of the last two foregoing to allow trans- sections, for any unexpired portion of a financial year, though the pired portion same may be less than Three months. The form of the Bond in the Schedule to this Ordinance, shall be varied and adapted to suit every case of security required to be given on the transfer of a Licence under either of the last two foregoing sections. year. Form of Bond may be varied for transfers. What other officers may perform duties 39. The Superintendents of Rivers and Creeks shall perform all the duties of Stipendiary Justices, in relation to Licences for places within their respective Districts, and not comprised within of Stipendiary any Judicial District of a Stipendiary Justice; and Revenue Commissaries Officers acting under Ordinance No. 14 of the year 1861, shall Justices and in certain places. perform all the duties of Commissaries of Taxation, in relation to Licences for places within their respective Districts, and not comprised within any Fiscal District of a Commissary of Taxation. No. XLIII. | Ord. 25 anno not take part. 40. No Justice shall take any part in any proceedings relating In what cases to the granting or the transfer of a Licence, when the premises for Justices may which the Licence is sought, or to which it is attached, or to which it is to be transferred, or the land whereon such premises are situate, shall be the property, in whole or in part, of such Justice, or of a person for whom he shall be manager or agent, or of a person to whom he shall be, either by blood or marriage, father, son, or brother, or of a person of whom such Justice shall be the partner in any trade or business. 41. Commissaries of Taxation, and Members of the Police Force, shall be incapable of holding any licence mentioned in this Ordi nance. What persons shall be inca missary. 42. Every Commissary shall receive from every applicant for a Fee to ComRetail Spirit Shop Licence, or for the renewal, or transfer of the same, the sum of Two Dollars, to be paid to him at the time of the service of Notice on him by such applicant. 43. Except as herein before provided with respect to the supervision and the powers to be exercised by the Excise Board, no decision and no proceeding whatever of any Justice or Justices in any way relating to the granting or the transler of any Licence, shall be subject to any revision, control, or review, by or before any Court or tribunal whatever, or any person or persons whomsoever; nor, except as aforesaid, shall anything done, or omitted, or refused to be done, by any Justice or Justices, in relation to the granting or the transfer of any Licence, be brought in question, or be made the subject of any order, application or proceeding whatever, by or before any Court or tribunal whatever, or any person or persons whomsoever; notwithstanding the provisions of Ordinances No. 31 of the year 1850, and, No. 19 of the year 1856, and No. 5 of the year 1868, and notwithstanding any law or ordinance whatever to the contrary. Proceedings of Justices re- this Ordinance not to be sub ject to review. 44. The Colonial Receiver General and Assistant Receiver Receiver GeneGeneral shall respectively keep separate lists of all Liquor Store publish lists of ral to keep and Licences, all Hotel or Tavern Licences, and all Retail Spirit Shop licences under Licences, issued in Demerary and Essequebo, and in Berbice, respectively; and such lists shall be in such form as may be pre scribed this Ordinance. [Ord. 25 anno 1868.] No. XLIII. scribed by the Excise Board; and the Excise Board may at any time demand and have copies of such lists; and such lists shall be published from time to time as and when may be directed by His Excellency the Governor. 45. Every Stipendiary Justice shall keep a separate Book in Stipendiary which he shall enter all transactions and matters relating to Retail Justices to keep a record Spirit Shop Licences, and such Book, when and so soon as a form of proceedings of keeping the same shall be prescribed by the Excise Board, shall relating to Re. tail Spirit be kept in such form; and on or before the Fifth day of each month, each Stipendiary Justice shall forward to the Excise Board a copy Board with a of all entries in such Book during the preceding month. furnish Excise oopy. be affixed on Liquor Stores, 46. Every Holder of a Licence for a Liquor Store, or a Retail Sign Board to Spirit Shop, an Hotel, or a Tavern, shall affix on the outside of, and over, some conspicuous door in the front of such Store, Shop, Hotel or Tavern, a board, on which there shall be legibly and clearly painted in white letters not less than three inches long, and on a black ground, the name of the holder of the Licence at length, and underneath, the words, "Licensed Liquor Store," "Licensed Retail Spirit Shop," or "Licensed Hotel," or "Licensed Tavern," as the case may be, on pain in default thereof of liability to a penalty of Ten Dollars for the first, Twenty Dollars for the second, and Forty Dollars for the third, and every subsequent, breach of this section; and every continued omission to affix such board for Ten days after the last previous conviction, shall be considered a repetition of the offence. Penalty for sale of Liquor to a person in. toxicated. 47. If any intoxicating drink whatever shall be delivered in or from any Licensed Retail Spirit Shop, or in any Licensed Tavern, or Hotel, to any person appearing to be in a state of intoxication, the holder of the Licence for such Shop, Tavern, or Hotel, shall be liable to a penalty not exceeding Five Dollars. 48. All Liquors disposed of in any Licensed Retail Spirit Shop, Penalty for shall be sold for money, and shall not be bartered or exchanged for quorina Retail any other thing, on pain of the holder of the licence for such shop, Spirit Shop. being liable to a penalty not exceeding Ten Dollars for every breach barter of Li of this section. [Ord. 25 anno 1868.1 No. XLIII. on Policemen riotous meet 49. If at any time there shall be a riotous, or disorderly, or Penalties on noisy meeting, or assemblage, of persons in, at, or near, any Li- Holders of Retail Spirit censed Retail Spirit Shop, the person in charge of such shop shall Licences, and immediately call or send for the assistance of the nearest Policeman or Constables, or Rural Constable, to disperse such meeting or assemblage; and not dispersing if any person so in charge shall fail to call or send for such assistance, ings in or near Retail Spirit the holder of the licence for such shop shall be liable to a penalty Shop. not exceeding Ten dollars; and any Policeman or Rural Constable, who, ou so being called or sent for, shall refuse or neglect to give such assistance, shall be liable to a penalty not exceeding Ten dollars. cards or dice, 50. No playing at cards or dice, whether for money or mere Penalty for amusement, and no gaming of any kind whatever, shall be carried playing at on in any Licensed Retail Spirit Shop, or in any part of the or gaming in a Retail Spirit premises thereto appertaining or adjoining, on pain of the liability Shop. of the holder of the Licence for such shop to a penalty of Fifty Dollars, and of every person engaged in any such playing at cards or dice, or such gaming to a penalty of Ten Dollars. 51. No Spirituous Liquor of any kind shall be sold, bartered, exchanged, or in any way disposed of, or delivered, under any pretext whatsoever, in or from any Licensed Retail Spirit Shop, or in or from any adjoining house or premises of the holder of the Licence for such Shop, to any of Her Majesty's Troops in British Guiana, or to the wife or child of any soldier, the servant of any officer, or any person whomsoever coming under the description of a follower of the army, there being a reasonable cause to know or suspect the person to be such; and the holder of the Licence for such shop shall be liable to a penalty of not less than Ten, and not more than Twenty-five Dollars for the first, and of Fifty Dollars for each subsequent, breach of any of the provisions of this section. (Section 52 repealed by Ordinance 9 of 1871.) Penalty for from a Retail sale of Spirits Spirit Shop to Soldiers, &o. ter premises 53. The Inspector General of Police, every Commissary of Who may enTaxation, every Inspector and Sergeant of Police, and such Corpo- and demand rals of Police and Ordinary Policemen as shall have a general Licences. authority in writing from the Inspector General or any Inspector, may enter any premises whatever, in which any Wine or Malt [Ord. 25 anno 1868.] in default of No. XLIII. Liquor to be drunk on the premises, or any Spirituous Liquor whatever, is sold, or is offered, or exposed, or kept for sale, and any room or place thereto attached and belonging, and may demand from the person in charge of such premises, room, or place, his Licence for selling such Wine, Malt Liquor, or Spirituous Liquor, and if such person shall not immediately produce such Licence, When and how shall place some person in charge of such premises, room or place, and of a Wine, Malt Liquor, and Spirituous Liquor, found therein, and shall make a report of his proceedings, and of the evidence which he may have as to such selling, or offering, exposing, or keeping, for sale as aforesaid, to the nearest Stipendiary Justice of the Peace, and any such Justice shall, if he shall think fit, order all Wine, Malt Liquor, and Spirituous Liquors, in the said premises, room, or place, to be seized, and all such Wine, Malt Liquor, and Spirituous Liquors, so seized, shall be dealt with according to the provisions of this Ordinance. production of Licence seizures to be made. All Liquor seized, &c., be examined, fore removal. 54. All liquor, and every cask or other package, so seized, shall be at once removed to, and shall, until forfeiture or restoration of the be kept in the Colonial Bonded Warehouse, or some consame, venient and safe place of custody elsewhere, and the owner, or person claiming the same, shall be at liberty before the removal thereof to cause such liquor to be examined, and, if in casks, to be gauged, and proved be- and, if rum, to be tested for proof by Sikes' hydrometer, and such examination, gauging, and proof, may be made by any Commissary of Taxation, or any sworn guager, or by any manager or overseer of a plantation, who may be called in for such purpose; and such owner or person claiming the same, and the person, seizing the same, shall each take down or cause to be taken down in writing, particulars of such examination, gauging, and proof; and during such examination gauging, and proof, the liquor seized, and the casks or other packages containing the same, shall remain on the premises of the owner or person claiming the same, but in the possession of the person seizing, or some person authorized by him to retain possession of, the same: provided that not more than six hours shall be allowed for any such examination, gauging and proof. 55. Every person owning any liquor so seized, and desirous of How claim to disputing such seizure, shall, within fourteen days thereafter, by seized Liquor himself or by some agent authorized by him, make his claim in to be made. writing |