528
THE NEW ZEALAND GAZETTE.

Penalty for having such Drugs in Brewer's possession.
132. Any brewer or retailer of beer who shall have
in his possession any cocculus indicus, nux vomica,
tobacco, tobacco-juice, opium, aloes, faba amasa,
grains of paradise, cannabis indicus, or any extract,
decoction, infusion, or other preparation thereof,
respectively, otherwise than for some medicinal or
domestic purpose, the proof of which shall lie on
such brewer or retailer, shall be liable to a penalty
of fifty pounds; and all such deleterious substances
so found in the possession of such brewer or retailer
of beer may be seized by any Inspector of Distilleries
or other authorized officer, and shall be forfeited.

Penalty for selling such Drugs.
133. Any person who shall knowingly sell, dispose
of, send or deliver to any brewer or retailer of beer, ale,
or porter, any cocculus indicus, nux vomica, tobacco,
tobacco-juice, opium, aloes, faba amasa, grains of
paradise, cannabis indicus, or any extract, decoction,
infusion, or other preparation thereof, respectively,
otherwise than for some medicinal purpose, the proof
whereof shall lie on the person so selling, disposing
of, sending, or delivering the same, shall be liable to
a penalty of fifty pounds.

Penalty for selling Adulterated Beer.
134. Any person who shall knowingly sell or dispose
of, or upon whose premises shall be found any spirits,
ale, beer, or porter, in which shall be mixed any
cocculus indicus, nux vomica, tobacco, tobacco-juice,
opium, aloes, faba amasa, grains of paradise, cannabis
indicus, or any other deleterious or poisonous
substance, shall be liable to a penalty of fifty pounds.

Registration of Spirit Merchants.
The expression "spirit merchant" shall mean any
vendor of duty-paid spirituous liquors, wine
or fermented malt liquors, in quantities not
less than two gallons, or any person who shall
expose the same for sale in any shop, ware-
house, or premises, except an auctioneer or a
broker selling on account of a licensed wine
and spirit merchant, or brewer, or a licensed
publican.

135. It shall not be lawful for any person to sell
     spirits, wine, or fermented liquor upon which the duty
     shall have been paid, and in quantities of two gallons or
     upwards, unless holding a publican's license, without
     having first registered his name with the Collector of
     Customs if residing within five miles of any Custom
     House, or the Clerk of the Resident Magistrate's
     Court or Court of Petty Sessions nearest to the
     place of business of such person at which a Court is
     or shall be established, or at an office of the Chief
     Inspector of Distilleries, and also a particular
     description of the premises in which the sale of
     spirits shall be carried on and in which spirits
     shall be kept and stored; and such registration shall
     be renewed on the first day in every year, not
     being a Sunday, and shall be made in the form set
     forth in the eighth Schedule of this Act. And the
     said Collector of Customs, Clerk of such Court, or
     other officer, shall give to every person registered as
     aforesaid a certificate in the form set forth in the
     ninth Schedule of this Act, which certificate shall be
     presented to the Chief Inspector of Distilleries or
     other authorized officer when the payments of the
     license fee hereinafter mentioned is made; and if any
     person shall carry on the business of a wine and
     spirit merchant without having completed the
     registration of his name and premises, and procured
     a license as hereinafter directed, he shall be liable to
     a penalty of not less than ten pounds or more than
     fifty pounds, or, at the option of the person suing for
     the same, to a penalty not exceeding five pounds for
     every day that he shall fail or neglect to make such
     registration and procure such license.

Spirit-merchant's Fee for Registration.
136. Every wine and spirit merchant, and every
brewer who shall have so registered his name as
aforesaid, shall pay to the Chief Inspector of
Distilleries, or other person appointed by the
Commissioner of Customs to receive the same,
annually, a fee of one pound, all which fees shall
be payable on the first day in every year, not being
a Sunday; and such registration as hereinbefore
mentioned shall not be deemed to be complete until
such fee shall have been duly paid to the said Chief
Inspector of Distilleries or other person as aforesaid,
who shall thereupon grant to such person registered
as aforesaid a license in the form set forth in the
tenth Schedule to this Act: Provided that the
Chief Inspector of Distilleries, or other person as
aforesaid, may refuse to grant a license to any
person who may have at any time within three years
of the application for such license as wine and spirit
merchant or brewer, been convicted of violating any
of the provisions of this or any Act or Ordinance in
force relating to the Excise or Customs, or the vending
of spirituous or fermented liquor by retail, or may
cancel and annul such license upon conviction of any
person to whom such license has been granted of
violation of any of the Acts or Ordinances as aforesaid;
and all licenses granted under this Act shall be exposed
on some conspicuous part of the premises so licensed,
and produced on demand for the inspection of any
officer appointed under this Act, Officer of Customs
or Police. And any person carrying on the business
of a wine and spirit merchant or brewer as aforesaid
without such license, or after such license has been
cancelled and annulled, or who shall refuse to
produce such license when demanded as aforesaid,
shall be liable to a penalty of not less than ten pounds
nor more than fifty pounds. Provided that nothing
herein contained shall relieve any wine or spirit
merchant from any fees imposed under the provisions
of any Provincial Act or Ordinance for regulating
the sale of spirits.

License in case of Partnership.
137. Nothing hereinbefore contained shall compel
any two or more persons carrying on business as wine
and spirit merchants in copartnership in one house
or place of business to pay more than one fee for
registration; but if such person or persons in co-
partnership shall carry on the business of wine and
spirit merchants in more than one house or place of
business not in the same town, then the said fee for
registration shall be payable for and in respect of
every such house or place of business owned or
conducted by such person or persons so carrying on
business in copartnership, and nothing hereinbefore
contained shall render it necessary that the fermented
or spirituous liquors now allowed to be sold in
quantities of not less than two gallons shall be liquor
of one description only, but may be fermented or
spirituous liquors or both, as the case may be, of
several descriptions: Provided that, in case any
wine and spirit merchant having registered and paid
the license fee as aforesaid remove absolutely his
business to any other town or place, then and in such
case he shall not be liable to pay an additional
license fee for such removal, but he shall nevertheless
register his name and a description of the premises
to which he has removed in the same manner as
hereinbefore mentioned; and in default of such
registration of removal, he shall be liable to a fine of
not less than ten pounds and not more than thirty
pounds.

Onus of Proof.
138. In all proceedings under this Act or under any
Act which may hereafter be in force for the regulation
of distillation and brewing, or respecting licensed and