Public Houses Act 1868
Public Houses Act 1868
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Public Houses Act 1868
Public Houses Act 1868
Public Act |
1868 No 6 |
|
Date of assent |
24 September 1868 |
|
Contents
An Act to provide for the Closing of Public Houses in Disturbed Districts.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled and by the authority of the same as follows—
1 Short Title.
The Short Title of this Act shall be “The Public Houses Act 1868.”
2 Districts may be proclaimed within which fermented and spirituous liquors shall not be sold without permission of person appointed by Governor.
Whenever the Colonial Forces shall be employed for the purpose of suppressing rebellion or other disturbances in any part of the Colony and shall be stationed at any place near to or within such part it shall be lawful for the Governor from time to time by Proclamation to declare that from and after a day to be fixed therein such part of the Colony as shall be defined in the Proclamation shall be a Proclaimed District within the meaning and for the purposes of this Act and thereupon it shall not be lawful for any person whether holding a license under any Act or Ordinance regulating the sale of wine ale beer or spirits or not to sell or supply any wine beer or spirituous or fermented liquors of any kind without the permission of such person as the Governor shall from time to time appoint to grant permits for the sale of such articles within such district and if any person not being the holder of a permit so granted as aforesaid shall keep his house open or shall sell or supply any wine ale beer or spirits or any fermented or spirituous liquors whether for money or other reward or without money or reward within any district after the day fixed in any Proclamation relating to such district as the day for the coming into operation thereof such person shall be liable to forfeit and pay a penalty of not less than twenty nor more than one hundred pounds to be recovered in a summary way before any one or more Justices of the Peace and it shall be lawful for the Governor at any time to revoke any such Proclamation.
3 Conditions may be attached to permit.
Permits may be cancelled.
It shall be lawful for any such person as shall be authorized by the Governor to grant permits for the sale of fermented and spirituous liquors within any such district to grant the same upon such conditions as he shall think fit and at any time to revoke and cancel such permits.
4 Forfeiture in certain cases of spirituous liquors.
It shall be lawful for the officer in command of any Force engaged in active operations from time to time by a notice in writing published in such manner as he shall think fit to declare any portion of the Colony within which he shall be so engaged and the boundaries whereof shall be defined in such notice to be a district within which no fermented or spirituous liquors shall be imported by sea or land without a permit granted by him and the officer so commanding may seize and carry away or cause to be seized and carried away any fermented or spirituous liquors imported into any such district so declared by him without a permit granted by him and the same shall be forfeited to Her Majesty and any such officer may at any time revoke any such notice so made by him.
5 Indemnity for action taken before Act was in operation.
And whereas disturbances having arisen at and in the neighbourhood of Patea and the Colonial Forces having been employed there in the suppression thereof certain magistrates and officers of Government and other persons have caused certain houses at and in the neighbourhood of Patea licensed for the sale of fermented and spirituous liquors to be closed and have ordered and compelled certain persons holding licenses for the sale of such articles to cease from such sale and have prohibited and prevented and are now prohibiting and preventing such licensed persons from selling such articles notwithstanding that such persons were and are licensed to sell such articles And whereas it was and is for the public good that such sale was and is prevented and prohibited and that such sale should be prevented and prohibited in the meantime until a Proclamation can be issued by the Governor under this Act and it is expedient that such magistrates officers and persons should for and in respect of any acts matters or things ordered or done by them in or towards the closing of such licensed houses or the preventing or prohibiting such sale be indemnified Be it therefore enacted that all and singular the officers of the Colonial Forces and all and every Justice of the Peace of the Colony and all and every other person or persons acting under the authority or by the direction or under the orders of any officer of the Colonial Forces or of any Justice of the Peace who for the purpose of preventing the sale of fermented or spirituous liquors shall at any time before the passing of this Act or at any time within thirty days after the passing of this Act at Patea or within thirty miles thereof have done any act matter or thing or advised commanded ordered or directed any act matter or thing to be done in or about the closing or keeping closed any public or other house or houses licensed for the sale of fermented or spirituous liquors situate at Patea or within thirty miles thereof or in or about the preventing or prohibiting the sale of any fermented or spirituous liquors at or within thirty miles of Patea aforesaid or in or about the seizing or detaining any fermented or spirituous liquors shall be and are hereby severally and respectively freed acquitted and indemnified of from or against the same and all actions suits and proceedings and liabilities whatsoever and no such act matter or thing shall be questioned in the Supreme Court or any other Court whatsoever.
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Versions
Public Houses Act 1868
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