The Gawler Town Railway Act.-1877. 9. The powers hereby vested in the said Commissioner for the compulsory purchase or taking of lands under and pursuant to "The Lands Clauses Consolidation Act," shall not be exercised after the expiration of five years from the passing of this Act. In the name and on behalf of Her Majesty, I hereby assent to this Bill. WM. F. DRUMMOND JERVOIS, Governor. Limiting powers of compulsory purchase or taking. Adelaide: By authority, W. C. Cox, Government Printer, North-terrace. An Act to amend the "Licensed Victuallers Amendment Act, 1872," and the "Licensed Victuallers Amendment Act, 1876." [Assented to, 21st December, 1877.] HEREAS it is expedient to amend the "Licensed Victuallers Preamble. WHAmendment Act, 1872," and the "Licensed Victuallers Amendment Act, 1876"-Be it therefore Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and the House of Assembly of the said Province, in this present Parliament assembled, as follows: 1. This Act may be cited for all purposes as the "Licensed Short title. Victuallers Amendment Act, 1877," and shall commence and take effect from and after the passing hereof. 2. Except so far as the same is inconsistent with or altered by this Act, the "Licensed Victuallers Act, 1869," the "Licensed Victuallers Amendment Act, 1872," and the "Licensed Victuallers Amendment Act, 1876," shall be incorporated and read herewith as forming one Act. 3. Sections 18, 19, and 20, of the "Licensed Victuallers Amendment Act, 1872," are hereby repealed except so far as may be necessary for supporting any conviction or other proceeding under the same, made or taken before the passing of this Act. 4. If any person holding a publican's or wine licence shall not keep the outer doors which face a public thoroughfare and which are immediately connected with one of the taprooms of his licensed house, Incorporation of Act with the "Licensed 1869," the "Licensed Victuallers Act, Victuallers Amend- Repeal of sections "Licensed Victuallers 1872." Outer doors connected with taproom and thoroughfare to be facing a public closed on Sunday. on that day. The Licensed Victuallers Amendment Act.-1877. house, closed on Sundays, he shall for every such offence forfeit and pay a fine of not more than Five Pounds; and if any such person shall on that day sell or supply to any person not being a bona fide traveller calling for liquor or refreshment on his journey, or a bona fide lodger, living or staying in his licensed house during the day and night, in the tap or taproom or upon or from or out of Liquor not to be sold any part of his licensed premises, any liquor or refreshment whatsoever, except between the hours of one and three in the afternoon, he shall, for any such offence forfeit and pay for the first or second offence a fine of not less than Five Pounds nor more than Fifty Pounds, and for the third offence, in addition to a like penalty, shall be incapable of holding a licence under the "Licensed Victuallers Act, 1869," or the Acts incorporated therewith: Provided that such person holding a publican's or wine licence shall not be liable for the aforesaid penalties if it can be shown to the satisfaction of the Court, who shall hear the case, that the person holding such licence was imposed upon by the person who had been unlawfully admitted to such house as a bona fide traveller by false representations. Who are bona fide travellers. Penalty for false representation. Houses may be closed on Sundays. Certified list of ratepayers equivalent to assessment book. Notice in daily and weekly papers of deposit of plans. nalty for removal li quor, &c., on n day. 5. No person shall be deemed a bona fide traveller within the meaning of the next preceding section, unless he shall reside at least five miles from the licensed premises where he shall be supplied with liquor or refreshment, and shall have travelled at least that distance on the day when he shall be so supplied. Every person who, by falsely representing himself to be a bond fide traveller, or a lodger, buys or obtains, or attempts to buy or obtain, at any licensed premises, liquor or refreshment on Sunday, or between the hours of eleven o'clock p.m. and five o'clock a.m. on week days, shall forfeit and pay for any such offence a fine of not less than Five Pounds nor more than Ten Pounds. 6. No person holding a publican's or wine licence shall be compelled to open his house during any hour on Sunday: Provided that he shall cause to be painted in legible letters, on or over the front door of his licensed house, the words "Closed on Sundays." 7. Any person notifying his intention to oppose the granting of a publican's or wine licence may apply to the Clerk of the City, Town, or District Council, and shall be furnished by the said Clerk with a certified list of the ratepayers residing within the radius prescribed for the operation of this Act on payment of Ten Shillings; and such certified list shall be prima facie evidence of the number and names of the ratepayers residing within such radius. 8. Notice of the deposit with the Clerk of the Licensing Court of plans of the house for which a licence is sought, shall be given by the applicant by three advertisements in each of two daily and two weekly newspapers in the said Province. 9. Any person other than a person holding a publican's or wine licence The Licensed Victuallers Amendment Act.-1877. licence or a person legally acting on his behalf, who shall sell or allow to be removed from his licensed premises any wines or spirituous liquors at any hour on Sunday, shall be liable to a penalty of not less than Ten Pounds nor more than Fifty Pounds. in section 2 of Licen yards. 10. Notwithstanding anything in the second section of the "Licen- Distance of 200 yards sed Victuallers Amendment Act, 1876," contained, the words sed Victuallers defining the "ratepayers in the immediate neighborhood" to be Amendment Act, persons who reside in a City, Town, or Village, within a radius of 1876, extended to 500 two hundred yards from the front door of the house for which a licence is sought; it is now provided that where less than thirty ratepayers are residing within such radius the immediate neighborhood shall include those ratepayers residing within five hundred yards from the front door of the house for which a licence is sought. In the name and on behalf of Her Majesty, I hereby assent to Adelaide: By authority, W. C. Cox; Government Printer, North-terrace. |