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The Pamphlet Collection of Sir Robert Stout: Volume 36

Introductory Notes

page break

Introductory Notes,

Part I.—Licenses and Registrations and Fees Payable Thereon.

No. of Section.
All licenses held, and all persons and premises licensed on 1st January, 1877, are subject to the provisions of this Act, except where otherwise specially provided 2, 31
All vendors of wine made in Victoria, in quantities of not less than two gallons, are included in the term "Brewer," and must therefore be registered and licensed accordingly 3,15, 16
Any person who exposes for sale spirituous or fermented liquors or wine in any shop, warehouse, or other premises, is a "spirit merchant," and must hold such license 3, 15, 16
The provisions of this Act do not apply to "any person occupying any premises bona fide as a club," not be a licensed publican; he may therefore sell on Sundays to all comers, whether bona fide travellers or not, the prohibitory enactments in sections 66 and 77 applying only in the case of licensed persons 4.
Temporary licenses may be renewed for a period not exceeding twenty-eight days, subject to such conditions as the magistrates may impose, and may be granted for railway refreshment rooms until the next annual licensing meeting 10
A grocers license now permits of the sale of liquors in bottles containing not less than a reputed pint—so far qualifying the 36th section of "The Weights and Measures Statute 1864," which requires all goods sold and delivered to be made by the standard measures, or part thereof 8
A colonial wine license can only be granted for premises in Melbourne, Geelong, or any borough (which includes every city and town) rented or valued at £50 a year, or in any other place at £25 a year 9page iv
A billiard license is not required by a licensed publican; but all persons having tables for hire must have a license 11, 94
A special temporary license, the fee for which is one pound a month, appears to grant all the advantages of a grocer's license, without the condition of the licensee being a spirit merchant 12
Special areas—being localities so proclaimed by the Governor in Council, on the application of the council of any municipality, the license fee for publicans licenses within which being ten pounds, may now be proclaimed within any distance of the city of Melbourne, the former restriction of fifty miles being repealed 14
Brewer's registration fees have been raised from £10 to £25 16

Part II.—Conditions of Obtaining Licenses

No "new publican's license," that is, a license for "premises in respect of which a similar license has not theretofore been granted,"—section 3—is to be granted until the licensing day in December, 1879, unless such premises contain not less than thirty rooms, or have been destroyed by fire. To that date the licensing magistrates have only to deal with the granting other licenses and renewals, transfers, and removal of publicans' licenses granted prior to 1st January, 1877 18
At the annual election for councillors in August, 1879, and at every third annual municipal election thereafter, the ratepayers are to determine by ballot—(1st) Whether or not the number of publican's licenses are to be increased; (2nd) If the majority of votes is in favour of an increase, by what number they shall be increased 19,20,27
A determination to increase the number is, however, not to be imperative on the licensing magistrates to grant any new licenses; but during its three years continuance it is to "annul, to the extent determined on, the absolute prohibition" that no new licenses are to be granted. This provision, contained in the latter part of section 21, seems to mean that the determination to increase the number of houses by a certain number is, to that extent, to qualify the expression of the opinion of the minority of voters, viz., that the number of publican's licenses is not to be increased. The reason for such a provision, having in view the directions given in section 27, is difficult of comprehension. The section may, probably, have some latent meaning; if so, it is very inartificially expressed. 2page v
The voting to determine whether the number of publican's licenses is to be increased or not is to be conducted in the same manner, and at the same time, as municipal elections 23
The directions given in section 27 for ascertaining the result of the poll will have to be amended before August, 1879, as it is quite probable the voting, might result in a way to make them inapplicable. For example: 306 votes are recorded at an election, and it is found on inspection there are 130 votes against, and 176 for an increase in the number. It is therefore, decided there should be an increase in the number. Suppose the 176 votes range thus: 16 votes for an increase in the number of publican's licenses by 6, 12 votes by 5, 29 votes by 4, 46 votes by 3, 36 votes by 2, and 37 votes by 1. The total number of votes—176—divided by 2, give 88. Now, as no one of above lot of votes exceed that number, recourse must be had to the directions in the section of selecting a lot of votes which, with number higher than it, shall give more than the half of the total number (176), viz., 88. With the above numbers, this will be found to be impossible. If on the other hand, the number of vote were found to stand thus—6 votes for an increase of 6 licenses, 12 for 5, 19 for 4. 96 for 3, 16 for 2, and 27 for 1, then. 96 votes being mere than 88 (the half), the decision is clear that the increase is to be 3. Again, substitute for above, 22 votes for an increase of 5 licenses, 39 for 4, 56 for 3, 16 for 2, and 37 for 1, the result—the 6 votes for 6, being unaltered—will be a total of 176 votes; but if, as directed, the 56 votes for an increase by 3 licenses, and the 39 votes be taken in conjunction for the higher number, viz., 4 licenses, be added together—95 being more than the half of the total, viz., 88—the decision will thereby be in favour of an increase of 3 licenses. 27
There is, however, another objection to the mode directed for ascertaining the result of the poll, and that is in the very likely occurrence of more unobjectionable applications for licenses than the number voted. If so, who is to decide which are to be granted? 27
No person is to have any beneficial interest in more than one license; interference by any licensed person with the business of any licensed premises other than those for which he is licensed, is to be deemed prima facie evidence of such interference 29
The requirements of section 31, as to accommodation, size of rooms, and separate bar, are not to apply to any new house situated in a special area, if the licensing magistrates are of opinion the house possesses reasonable accommodation 31
Licensed premises are required to have places for the convenience of the public 30
page vi

Part III.—Licensing Districts. Licensing Magistrates and Regulations.

sec.
The licensing districts in existence on 1st January, 1877. are continued 32
Every city, town, and borough, bounded by other cities, towns, or boroughs, is a licensing district—See Regulations, section 1, page 60.
Two licensing magistrates to be elected by the justices resident in the district in January annually; with the police or stipendiary magistrate, constitute a licensing bench 33
"Licensing districts" are defined in Regulations, section 2, page 60.
The Governor in Council has authority, by means of regulations, to alter and rescind those at present in force; to make and repeal other regulations; to alter existing and future licensing districts, and define others in lieu thereof; to create fresh districts; to define who shall be licensing stipendiary magistrates; to prescribe the mode of electing licensing magistrates, and for any other purpose whatsoever connected with the execution of this Act 34

Part IV.—Application for Licenses. Hearing of and Objections to Licenses.

The places for nominating licensing justices, and mode of election, are detailed in sections 3 and 4, Regulations, pages 60 and 61.
Annual Licensing Meetings are to be held in December, at the Court of Petty Sessions in the District. One month's notice thereof is to be given by the licensing magistrates in the Government Gazette. There are no quarterly licensing meetings to be held now as formerly 35
Applications for renewals and removals of licensees, and hearing of objections thereto, are to be heard and determined at such annual meetings or adjournments thereof 36
See also Regulations, sections 10 and 11, page 62.
In cases where only one licensing magistrate and the police or stipendiary magistrate preside the latter, when there is a difference of opinion, is to have the casting vote 36
"Stipendiary licensing magistrates" are defined in section 6, Regulations, page 61.
The election is to be notified in the Government Gazette, Regulations, section 6, page 61. page vii
For directions as to the day and hour of sitting of licensing bench, and mode of voting, see sections 7 and 8 Regulations, page 61—and as to resignation of licensing magistrates, see Regulations section 9, page 62.
The hearing of applications for licenses requires the personal attendance of applicant 36
In the case of application for renewals, personal attendance by licensees is not required except notice of intended objection have been given to him 47
If an applicant for a license requires an adjournment—which he may do if he has not had three days' notice of intended objections to the granting thereof, sec. 38—the licensing magistrates may adjourn the annual meeting from time to time during the period of one calendar month 36
Mode of applying for licenses—The applicant, fourteen days before he apply, must deliver to the clerk of petty sessions held within the district, three copies of his notice of application, and one to the member of police in charge of the district where the premises are situated. He must also affix a duplicate of such notice on the outer side of the principal entrance to the premises for which he intends to apply for a license, and must advertise a copy of it in some newspaper circulating in the district seven clear days, that is, exclusive of the day of publication of the newspaper and the licensing day before application, Grocers are not required to affix such notice on their shop doors 37
Objections to the granting of a license may be made by three or more ratepayers in any municipal district, that is, in any city, borough, town, or shire, or by three or more citizens—not necessarily ratepayers—or burgesses of any ward of the city of Melbourne or town of Geelong. Any other applicant or person already licensed, or member of the police in charge of the district, or any resident or residents in the neighbourhood, or the owner of the premises, have also the right to object, on one or more of the following grounds:—1st. That the applicant is of bad fame and character; (2nd)or of drunken habits; (3rd) or has within six months previous ly forfeited a license; (4th) or has been convicted of selling liquor without a license within a period of three years; (5th) that the premises have not the requisite accommodation or reasonable accommodation, if the house is situated in a special area—section 31; (6) that additional licensed premises are not required in the locality; (7) that the premises are in the immediate vicinity of a place of public worship, hospital, or school; (8th) that the quiet of the place where such premises are situate will be disturbed if the license be granted 38
The same objections may be taken to the renewal of a license; and, in addition, that the premises have not been maintained at the required standard (sec. 31), or any other objections which the licensing magistrates may consider sufficient 31, 38page viii
As heretofore provided, corporate bodies may authorise any person to object on their behalf to the granting of a license on any of the above stated grounds 39
The licensing magistrates are required to "entertain any petition or memorial from the ratepayers, burgesses, or citizens of any district, sub-division, or ward, on proof of the authenticity of the signatures thereto," and if it appear to them that a majority of the ratepayers, burgesses, or citizens in the neighbourhood of the premises proposed to be licensed object to the granting of the application, the licensing magistrates shall refuse to grant it. They are to determine what is "the neighbourhood" 39
In case of successful opposition to an application the magistrates may order costs against the applicant: but if the opposition appears to have been vexatious or' malicious they may order costs and expenses against the unsuccessful opposer 40
The licensing magistrates are now required to furnish successful applicants with a certificate, and to forward a duplicate to the Treasurer of the municipality in one or other of the forms in the 5th schedule 41
Applications and renewals for licenses in outlying districts may be granted by the police or stipendary magistrate at any court of petty sessions held nearest to the proposed or licensed premises in the month of December 42
Where, owing to sudden increase of population, or where necessity exists for the immediate grant of publicans' licenses, the Governor-in-Council may proclaim such place a licensing district; directions are given in this section as to the mode of application and fee to be paid 44
Certificates are void if license fees be not paid within fourteen days after they are granted 45

Part V—Rehearing of Applications, Renewals, Transfers, and Removal of Licenses.

The refusal of an application for a license, or for renewal, or removal, does not prevent another application being made for same premises at any subsequent licensing meeting 46
But if a license has been refused and again refused on a second application, no license shall be granted for such premises for three years from the date of last refusal 46
In case of refusal the licensing magistrates are required to state their objection to the application 46
Renewal of Licenses.—Licensing magistrates may refuse a certificate of renewal, if it be proved to their satisfaction the license is liable to be forfeited (see sec. 65) 47page ix
Licensee is not required to attend the court in person unless he has received three clear days' written notice of intended opposition 47
If the renewal of the license is refused on personal grounds, the magistrates may adjourn the court to some day not sooner than 21 days nor later than 30 days, when another application may be made for the same premises by another person, not being the person refused 47
In the above case all the requirements of hearing an application for a new license are applicable and have to be carefully observed (see sections 37-38) 47
Transfer of Licenses.—Any licensing stipendiary magistrate may at any time, on application in writing signed by the transferor and transferee transfer any licensed person's license, if the transferee be approved of by him by endorsement on the license 48
If the licensee has been legally evicted from licensed premises, such magistrate may, notwithstanding the non-production of the license, grant, on the application in writing of the owner and proposed new tenant, a special certificate of transfer of license. Fee, two pounds 48
Such transferee thereon shall, until the end of the year, possess all the rights, and be subject to the duties and obligations of original holder of the license 48
At the end of the year, if the license has been transferred by endorsement, the transferee is to apply for a new license, and in the event of refusal to grant such, or neglect, to apply for it, the transferred license reverts to the transferor 48
No transfer of a license is to be made until the expiration of three months from the granting or transfer of it 48
Removal of licenses—If a licensed publican desires to remove his license, he is to give notice in one of the forms in the 4th schedule, in the same manner as provided for a new license—section 37. He is also required to serve a copy of such notice, either personally or by registered letter, on the owner of the premises he is leaving (see also section 10 Regulations, page 62) 49
The licensing magistrates are not to make an order of removal unless satisfied no objection is made by the owner of the premises the licensee is leaving 49
In the case of the decease or insolvency of the licensee, his executors or administrators, assigns or trustees, may carry on the business by an agent specially authorised in writing by a licensing stipendary magistrate 50
The widow, or any member of the family of deceased licensee, being twenty-one years of age, may carry on the business for three months. So also any other person on behalf of such family 50page x
In case of decease of licensee within two months of the expiry of his license, a renewal may be granted for one year 50
The marriage of female licensee transfers to the husband the same privileges, duties, obligations, and liabilities as if such license had been originally granted to him 50
If the licensee becomes a lunatic patient within the meaning of the Lunacy Statute a licensing stipendary magistrate may, on the application of the wife or member of lunatic's family, authorise an agent to continue the business. Provisions as to renewal of license 50
Loss of License; Provisions for Issuing a Duplicate.—If licensed premises are rendered unfit for carrying on business by fire, tempest, or other calamity, a licensing stipendary magistrate may order the business to be carried on in some neighbouring house for a period not exceeding six months 51, 52
Every clerk of petty sessions is to report every transfer, removal or forfeiture to the person who issued the license or his successor (section 11 Regulations, page 62)

Part VI.—Duties and Liabilities of Licensed Persons and Others.

N.B.—Every licensed person is to paint or fix on a conspicious place in front of his premises in letters three inches at least in length, his name, and after the we rds "licensed" the business for which his license has been granted. 53
"No person shall have any we rds or letters on his premises importing that he is licensed in any other way than that in which he is in fact duly licensed." 53
Penalty for failure to comply with or acting in contravention to above provisions not exceeding £10 for first offence; for second and subsequent offence, £5. Ignorance of the law in such case is no excuse 53
Any person, except as agent or servant of a licensed person, who shall sell any liquor without a license, shall forfeit and pay for first offence not less than £25 nor more than £50, or shall be liable to imprisonment for a term not less than one month nor exceeding three months. For second or subsequent offence, imprisonment with or without hard labour for not less than three nor exceeding six months, and be a disqualified person for a period of one year (see sec. 38). He shall also forfeit all liquor in his possession, with the vessel containing the same (see sections 87 and 90) 54
Publican and colonial wine licenses restrict the hours for selling to between six in the morning and twelve at night. Selling at other hours would not be in accordance with such licenses—(see section 61) 6, 9page xi
If any licensed person permits any person to play any unlawful game, or allows any prostitutes, thieves, drunken or disorderly persons to be on his premises, he shall forfeit and pay a penalty not exceeding £20 55, 80,81
The presence of such persons and playing of such games is prima facie evidence of knowledge and permission by licensed person 55
Licensed persons who are required by their license to provide stabling are required to keep a sufficient supply of hay and corn 56
A lamp must be kept alight every night from sunset to sunrise over the entrance to licensed premises which are not situate in Melbourne or Geelong or any borough lighted at expense of ratepayers 56
Intoxicated persons are not to be supplied with liquor (see penalties) 57
Two justices may, in writing, prohibit licensed persons supplying liquor to habitual drunkards for one year 58
Such prohibition may be renewed 59
Any person procuring liquor for or supplying to such prohibited person is liable to penalties stated 60
Supply of liquor to aboriginals is prohibited 61
Any person selling at hours, or places, or in quantities not authorised by license liable to penalty not exceeding £10 (see section 54) 61
No licensed person can sue for any debt for liquor supplied for consumption on the premises, except to bona fide lodgers 62
Nor can such licensed person take any pledge for liquor or entertainment supplied 63
Licensed persons who allow liquor to be supplied to children under twelve years of age, for consumption on the premises, as well as the person actually supplying, are liable to a penalty not exceeding £10 64
No licensed person is to permit any part of his premises to be used as a dancing, concert, or theatrical saloon. (See exceptions and mode of procuring permission for other than licensed persons) 65
Sunday.—No licensed person is to permit liquor to be sold on Sunday, except to lodgers or bonâ fide travellers, residing at least ten miles from his licensed premises. Evidence that persons supplied are bonâ fide travellers rests with the licensee 66, 67
Persons falsely representing themselves to be travellers or lodgers liable to penalty not exceeding £5 67
No liquor is to be consumed by any lodger or bonâ fide traveller at the public bar, nor shall such bar be opened for the admission of the public on Sundays. Penalty not less than £1 or more than £10 67
No wages are to be paid by any master or employer, except he be the licensee, in any house in which liquor is sold 68page xii
Lodgers' goods and chattels are protected from distraint for rent or debt 69
Licensed publicans are not responsible for the safe custody of property of lodgers unless given into his or his servant's or agent's care 70
A licensed person convicted of felony, perjury, or other infamous offence forfeits his license 71
Publican absent from his licensed premises for more than twenty-eight days without written consent of two justices, or allows an unlicensed person to be in effect keeper of his premises, is liable to forfeit his license 72
So also, if he allows his licensed premises to become ruinous or dilapidated, except from fire or tempest—in which case a reasonable time will be allowed for repair 72
Unless there be a morgue or police station within two miles of his licensed premises, a publican is required to receive dead bodies and permit an inquest to be held. Penalty for refusal, not exceeding £5 73
No licensed person shall permit unlawful assemblies to be held in his licensed house 74
Any justice, superintendent of police, or peace officer, authorised in writing, may enter premises where there is reason to suspect unlawful assemblies are being held, and cause offenders to be arrested 75
Any two justices may order licensed premises to be closed when riots occur, or are expected to occur 76
Any justice, superintendent, inspector, or sub-inspector of police, or constable authorised in writing, may demand entrance to licensed premises at any time by day or night 77
A justice may demand a licensed publican to produce his license 78
Where license prohibits liquor to be drunk on premises, and licensee permits it, he is liable to a penalty not exceeding £5 for first offence, and for subsequent offences a penalty not exceeding £10 61,79
Licensee may refuse to admit, and may turn out of his licensed premises, any person who is drunken, violent, quarrelsome, or disorderly. Such person refusing to leave when requested is liable to a penalty not exceeding £5. Constables, when requested, are required to expel or assist in removing such persons 80
Persons found drunk in any highway or public place or building, or on any licensed premises, liable to a penalty not exceeding 10 shillings; for the second offence £1, and for the third or subsequent offence within twelve mouths £2 81page xiii
Any person who is drunk while in charge of any carriage, horse, cattle, or steam engine, or has loaded firearms, is liable to a penalty not exceeding £2, or imprisonment for a term not exceeding one month 81
Adulterated Liquors.—Vendors thereof liable to penalty not less than £10 or more than £50 for first offence; for any subsequent offence, to a penalty not exceeding £100, or imprisonment not exceeding three months, and be declared to be a "disqualified person. (See sec. 100). All adulterated liquor, and vessels containing such, to be forfeited 82
The Distillation Act 1862" referred to is 25 Vic., No. 147. (See sec. 166 thereof).
Any licensed person who has in his possession any adulterated liquor or deleterious ingredients and is unable to give a satisfactory reason shall be deemed to have exposed for sale adulterated liquors. Penalties, see section 82 84
Bottles, hegs, casks, or vessels containing spirits are required to bear a clear and legible statement of contents; if bottled, by whom, and if mixed with colonial spirits to bear a statement that its contents are "a mixture of colonial and foreign spirits." Penalty against persons offending not less than £10 or more than £50 85
Grocers supplying liquor and charging it under a fictitious heading are liable to a penalty not less than £10 or more than £20 for first offence, and not less than £20 or more than £50 for subsequent offence 86
Any justice, inspector of licensed premises and liquor, inspector of police, or other peace officer may seize or cause to be seized all liquor he suspects is carried about or is exposed for sale in any highway, booth, tent, store, or in any boat or vessel, and all vessels containing such liquor, and any cart, horse, boat or vessel used in conveyance thereof 87
Penalty not exceeding £50 and imprisonment not exceeding four months 87
The proof that such liquor was not carried about or exposed for sale is on the person carrying it 87
The fact that any unlicensed person has any sign on or near his premises, or a bar therein, or bottles or casks so displayed as to induce a belief liquors are sold there, shall be presumptive evidence of the unlawful sale of liquors by such person. (See sections 54, 90, 91, and 92) 88
Licensees are prohibited under penalty to harbor or permit any constable on duty to remain on their premises, or to supply him with any liquor, or to bribe or attempt to bribe him 89
Any justice may grant a search warrant on information on oath by any person that he believes liquors are being sold on unlicensed premises. (See section 88) 90page xiv
By the 140th section of "The Justices of the Peace Statute 1865" any person "aggrieved by the summary conviction of any justice, by which is imposed any fine, penalty, or forfeiture exceeding the sum or value of £5 or any term of imprisonment exceeding seven days if he forthwith give notice of his intention to appeal and enter into the recognisance directed, he may appeal to next court of general sessions" 90
If a person charged with unlawfully selling liquors does not at the hearing of the case produce his license he is to be deemed an unlicensed person. (See sections 54,78) 91
The unlawful sale of liquor may be proved by any person purchasing it 92
The delivery of any liquor by any licensed person by his servant or other person is sufficient presumptive evidence that money has been given for it 95
Any person keeping a billiard table for hire without being licensed thereto, or, if licensed, allowing it to be used at other hours than those stated in his license, is subject to the penalties stated. By section 11a licensed publican keeping a billiard table for hire does not require to obtain a billiard license 94
The Governor in Council may appoint persons to be "Inspectors of Licensed Premises and Liquor" 95
If such persons take any other than the authorised fees, or any perquisite, gratuity or reward, pecuniary or otherwise, directly or indirectly, they shall on proof thereof be dismissed and be liable to imprisonment 96
Any person offering or promising any unlawful fee, perquisite, or gratuity to any such inspector is liable to the penalties stated 96
Such inspectors are to enforce the carrying out of the Act in every respect. They are authorised during business hours to enter licensed premises, as well as those of brewers and licensed spirit merchants registered under "The Distillation Act 1862, 25 Vic. 147," and to examine every room and part thereof, to take an account of liquors therein, and to select samples thereof, sealing them in the presence of the licensee; if for analysis they are to pay for such samples. Persons refusing are liable to the penalties stated 97
Such inspectors are to prosecute offenders, and persons guilty of any infringement of "The Trade Marks Statute 1864" 97
The expenses of analysis are to be part of the costs against any person convicted of adulterating liquors or having in his possession any deleterious drugs. If there be no conviction the expense of analysis is to be part of the officer's expenses who procured the sample 97
Convictions after three years are not to be received as evidence 98
If a licensed person is twice convicted under the Act within six months he is liable to forfeit his license 99page xv
A licensee if thrice convicted of any offence against the 55th, 64th or 82nd sections within three years shall be disqualified for a term of three years from holding any license" 100
If thrice convicted for offences committed on the same premises, the justice or justices having cognizance of the case, may disqualify such premises for being again licensed for two years 100
Notwithstanding above provisions, licensee may, in addition, be punished in manner provided by other sections for contravention of the Act 100
If the license of premises is twice forfeited in two years for offences under this act by the same or different persons, they are disqualified from being licensed for one year. Owner in such case to receive notice. (See sections 107-108; service of notice, 109) 101
Disqualified persons and premises cannot be licensed during period of disqualification; the license held when so disqualified thereon becomes void 102
In case where the licensee is disqualified, or has been evicted by his landlord, the owner may apply to a licensing stipendary magistrate for authority to his agent to carry on the business to the end of the year 103

Part VII.—Legal Procedure, and Application of Fees, Fines, Penalties, &c.

Offences are to be prosecuted, and penalties, forfeitures and orders recovered and enforced in the manner provided as to procedure in summary jurisdiction by "The Justices of the Peace Statute 1865," or any existing modification of such statute. (See following Acts: An Act to Amend "The Justices of the Peace Statute 1865," 32 Vic., No. 319, 6th September, 1867, altering sections 41, 65, and 106 of original Act of 1865; also "An Act to Amend the Law Relating to Justices of the Peace and for other Purposes," 40 Vic., No. 565) 104
All informations, excepting for offences under section 81, are to be heard and decided by two or more justices, or by a police magistrate. Convictions are not to be quashed for want of form, or removed by certiorari. Warrants of commitment are not to be void 105
Persons sued may plead authority of the act 106
Owners of licensed premises are to receive notice from clerks of petty sessions when licensed tenant is convicted and premises liable to be disqualified 107page xvi
When licensed premises are disqualified the owner may appeal against the order on a day stated in it, on all or any of the following grounds:—
1st—That the required notice of a prior offence had not been served on him:
2nd—That owing to a contract entered into prior to 1st January, 1877, owner could not evict the tenant bet ween the commitment of the two offences which disqualified the premises:
3rd—That the offence which resulted in the order for disqualification of the premises was committed so soon after the first offence that the owner had not time to evict the tenant
108
If the owner succeed in satisfying the court that on one or other of above grounds he is entitled to have the order cancelled, it
shall be cancelled accordingly 108
All notices may be served by post. For future evidence, if required, letter containing such notice should be registered 109
Costs to be recovered as in summary jurisdiction 110
All fees, fines, penalties and forfeitures are to be paid to the municipal fund, less Jive per cent, deducted for costs, charges and expenses 111
On or before the 31st March in each year Municipal Councils are to transmit to the Treasurer for Victoria a detailed account of all monies received for fees, fines, penalties and forfeitures during the proceeding year ending 1st January, and pay to him five per cent, thereof 111
The fees for all new licences are to be paid into the consolidated revenue 111
Packet licenses are to be considered as issued for premises where application is made (sec. 37). Fee, £10 (sec. 13) 111