For the Expenditure on account of Fuel for Offices a sum not exceeding One Hundred Pounds. For the Expenditure on account of Public Gardens a sum not exceeding Five Hundred Pounds. For the Expenditure on account of the Peace Preservation Act a sum not exceeding One Thousand Pounds. For the Expenditure on account of Education a sum not exceeding One Thousand Pounds. [Assented to by His Excellency the Governor-see Govt. Notice No. 157, 13th October, 1880. Confirmed by Her Majesty see Cape Govt. Notice No. 33, 10th January, 1881.] No. 19 of 1880-Sd. J. Rose Innes.] [24th Sept., 1880. Ordinance to amend in certain particulars Ordinance No. 16 of 1879, entitled an "Ordinance for consolidating and amending the Laws relating to the Sale of Intoxicating Liquors. No. 19-1880. WHEREAS it is necessary to alter and amend in certain Preamble. particulars the Ordinance No. 16 of 1879: Be it therefore enacted by the Administrator of the Province of Griqualand West, by and with the advice and consent of the Legislative Council thereof: 40th Sections of Ordinance 16 of 1879, repealed. I. The 13th and 40th sections of Ordinance No. 16 of 13th and 1879 shall be, and the same are hereby rescinded and repealed. ation of Licenses II. From and after the promulgation of this Ordinance, Cost and durthe cost of licences and the duration of time for which licences shall be issued under the provisions of Ordinance No. 16 of 1879 shall be as follows: WHOLESALE LICENCE. 1. For a wholesale licence for one year or any less RETAIL LICENCES. 1. For a retail licence for one year to deal in intoxicating 2. For a Retail Licence for six months to deal within No. 19-1880. Appeal from to High Court. III. The decision of any Licensing Court constituted under the provisions or Ordinance No. 16 of 1879, in regard Licensing Court to the granting or refusing of any application for a license which shall be laid before such Court shall be subject to an appeal to the High Court of the Province, and the Resident Magistrate shall keep a record of all proceedings of such Licensing Court. Persons licensed limits, to pay licence money, on IV. No person licenced under the 2nd Section of this to deal outside Ordinance to deal outside the limits therein set forth shall be difference of authorised, as in the 23rd Section of Ordinance No. 16 of removal 1879 provided, to move within the aforesaid limits unless he within limits. or she pay for such removal, the difference between the amount paid for the licence he or she then holds and the amount which would have been payable had he or she originally taken out a licence to deal within the limits aforesaid. Hours of opening aud closing V. Save as hereinafter provided, no premises shall be licensed houses. opened for the sale of intoxicating liquors earlier than six o'clock a.m. during the Summer and Autumn months, viz., from September I to April 30 inclusive; nor earlier than 7 o'clock a.m. during the Winter and Spring months, viz., from May 1 to August 31 inclusive; nor, save as hereinafter excepted, shall any premises be kept open after 9 o'clock p.m., and 8 o'clock p.m. during the above periods, respectively; nor, save as hereinafter excepted, shall any dealing in intoxicating liquors be carried on on Sundays, under the penalty, on conviction, for the first offence, of a fine not exceeding £25 sterling, or, in default of payment thereof, of imprisonment for any period not exceeding one month; for a second offence, of a fine not exceeding £50 sterling, or in default of payment thereof, of imprisonment for any period not exceeding three months; for a third offence, of a fine not exceeding £100 sterling, or in default of payment thereof, of imprisonment for any period not exceeding six months, and also of forfeiture of licence. Penalties. Privileges. Weekday. Full. VI. Any Licensing Board created under the provisions of Ordinance No. 16, of 1879, shall in its discretion have power to grant the following privileges to licenced retail dealers in intoxicating liquors:(a) Weekday Privileges, which shall be taken to mean the permission to a bona fide hotel or boarding house-keeper to supply bona fide travellers, or regular boarders with such liquors as they may call for before and after the regular hours of opening and closing, as fixed in the last preceding Section. (b) Full Privileges, which shall be taken to include weekday privileges and shall also be taken to mean the permission to a bona fide hotel or boarding-house keeper to supply bona fide travellers or regular boarders with such liquors No. 19-1880. (c) Club Privileges, which shall be taken to mean the per- Club to endorse privi VII. When, and as often as any Licencing Court shall Magistrate see fit to grant any such privilege or authority, the Resident lege on licence. Magistrate shail subjoin or endorse the same upon the license and also such limitation or restrictions regarding the persons to be served during such hours as the said Court shall have thought expedient to impose; and every such privilege or authority shall be revocable at will by the Resident Magistrate with the consent of two Justices of the Peace, or other persons nominated to sit at such Boards or Courts of the District, as in Ordinance No. 16 of 1879 provided, signified in writing. Court before annual sessions for certain purposes. VII. The Governor or the officer for the time being Special Licensing administering the Government of the Province of Griqualand next West shall have power to appoint by Proclamation a day or days for the holding of a Special Licensing Court before the next ensuing annual sessions, for the purpose of granting to such proprietors of bona fide proprietary clubs as to the said Court shall seem fit, upon application being made, retail licenses with club privileges as aforesaid, and also for the purpose of granting club privileges as aforesaid, when applied for, to licensed retail dealers, should the said Court see fit, and it is legally entitled so to do; and the said Courts appointed shall sit, deliberate, and vote for the purpose aforesaid, and for none other, anything in Ordinance No. 16 of 1879 notwithstanding: provided that no application by persons who were not previous to the 1st day September, 1880, proprietors of bona fide proprietary clubs shall be entertained at such special sessions; and provided further that applications at such special sessions need not be supported by petition as in the 15th Section of Ordinance No. 16 of No. 19-1880. 1879 provided, anything in the said Ordinance notwithLicensed retail standing. club priviliges dealer having IX. Every licensed retail dealer who may have obtained exempt from club privileges is hereby exempted from the requirements of Sections 34 and Sections 34 and 36 of Ord. No. 16 of 1879, anything in the 36 of Ordinance said Ordinance contained notwithstanding. requirements of 16 of 1879. Stipulation in reasonable ac X. When any licensing court shall see fit with reference recognizance for to tho accommodation of travellers to stipulate with any commodation. applicant for a retail license that he should, receiving such license, keep reasonable accommodation for man and horse, it shall and may be lawful for such court, with the consent of such applicant to direct that a clause be added to the condition of the recognizance to be entered or furnished by such applicant, specifying the accommodation in the way of lodging and stabling which such applicant during the continuance of his license shall be bound to keep, and thereupon such clause shall by apt words be added to such recognizance; and the Special permis- court may, should it so think fit, determine in regard to all sion to keep open or any of the retail licenses granted by it that the holders of the same may keep open their premises and sell any of the liquors in this Ordinance mentioned up to 11 o'clock at night, and to such further hour on special occasions as the Resident Magistrate may think fit, and thereupon the recognizance shall be altered accordingly, and the penalty by the 5th Section of this Ordinance, provided for any sale of any such liquors as aforesaid after 8 or 9 o'clock, respectively, at night, shall be incurred by any sale thereof after such later hour. Retail licence- XI. The holder of any retail license shall be deemed holder person and taken to be responsible for every sale of intoxicating for any contra- liquors on his premises, contrary to the provisions of Ordinance quor Laws on No. 16 of 1879, or of this Ordinance, until the contrary till 11 p.m. ally responsible vention of Li premises. appears. Form of recog- XII. The form of recognizance as provided in Ordinance nizance. No. 16 of 1879, shall in all cases be altered when necessary to meet the special requirements of the case. "Fourteenth" substituted Section 11 for Ord. 16 of 1879. in XIII. The word "fifteenth," as used in the 11th "fifteenth" Section of Ord. No. 16 of 1879, is hereby expunged, and the of word "fourteenth" shall be considered as inserted in its stead. XIV. Whenever in Ord. No. 16 of 1879, the words "This Ordinance are used, the same shall be construed as referring to the said Ordinance as alterel and amended by this Ordinance. Interpreta tion clause. Short title XV. This Ordinance may for all purposes be cited as the "Liquor Law of 1879 Amendment Ordinance, 1880." [Assented to by His Excellency the Governor-see Govt. Notice No. 157, 13th October, 1880. Confirmed by Her Majesty see Cape Govt. Notice No. 33, 10th January, No. 20 of 1880.-Sd J. Rose Innes,] [24th Sept. 1880. No. 21-1880. Ordinance to legalize the Registration and Register of Voters at Griquatown, in the District of Hay. WHEREAS under and by virtue of Proclamation No. Preamble. 4 of 1880, dated the 27th day of August 1880, a registration of voters was taken at Griquatown, in the District of Hay, and a register of the same made, but such registration and register was taken and made by a person not duly and legally qualified so to do, but bona fide and (with the exception of the want of qualification as aforesaid) in manner as by law provided; And whereas it is necesary to legalize such registration and register: Be it enacted by the Administrator of the Province of Griqualand West, by and with the advice and consent of the Legislative Council thereof : stration declared 1. The registration and register of voters at Griquatown, Griquatownregiwithin the District of Hay, taken and made under and by legal. virtue of the Proclamation No. 4 of 1880, dated the 27th day of August, 1880, shall be deemed as valid and effectual, as if the same had been taken and made by an officer duly and legally qualified thereto. [Promulgated by Government Notice No. 151, 5th October 1880. Confirmed by Her Majesty-see Cape Government Notice No. 33 10th January, 1881,] No. 21 of 1880.-Sd. J. Rose Innes.] [24th Sept. 1880 Ordinance to declare the legality of the constitution of certain Mining Areas situate on the Vooruitzigt Estate. WH HEREAS doubts have arisen as to whether certain Preamble. mining areas constituted by Proclamation No. 6 of the 4th May, 1874, are now legally constituted owing to and in consequence of the disallowance by Her Majesty the Queen of Ordinance No. 5 of 1874, and it is necessary and advisable to remove such doubts : Be it enacted by the Administrator of the Province of Griqualand West, by and with the advice and consent of the Legislative Council thereof: declared I. The areas numbered 1, 2, and 3, as consituted by the Mining areas on Proclamation No. 6 of the 4th May, 1874, and so far as the tate Voornitzigt Essame are situate on the Vooruitzigt Estate, shall be deemed legal. to have been and to be legally constituted precisely as if the Ordinance No. 5 of 1874 had not been disallowed by Her Majesty the Queen, but was in full force and effect. [Assented to by His Excellency the Governor-see Govt. Notice No. 157, 13th October, 1880. Confirmed by Her Majesty -see Cape Government Notice No. 33, 10th January, 1881.] |