The Pamphlet Collection of Sir Robert Stout: Volume 29

When liquors may be seized

When liquors may be seized.

43. It shall be lawful for any Justice of the Peace Police Officer or Constable to seize and take away or cause to be seized and taken away and to convey or cause to be conveyed to the nearest police station all such fermented or spirituous lipuor as he or they shall have reasonable cause to suspect to be carried about or exposed for sale in any street road or footpath or in any booth tent store or shed or in any other place whatever by any person not licensed or authorised to sell the same in such place and the vessels containing the same and it shall be lawful for any one or more Justice or Justices of the Peace in a summary way on his or their own view or on confession of the party or on proof of such offence by the oath of one or more credible witness or witnesses to convict any person so offending of carrying about for or exposing for sale such liquors without a license and on conviction such person shall forfeit and pay any sum not exceeding fifty pounds and it shall be lawful for the convicting Justice or Justices to adjudge such liquors and the vessels and utensils containing the same to be forfeited and to order and direct the same to be sold and the proceeds thereof after deducting the expenses of sale shall be applied as penalties for offences recovered on summary conviction are now by law applied or it shall be lawful for such convicting Justice or Justices in bis or their discretion to direct that such liquor vessels and utensils so adjudged to be forfeited shall be destroyed: Provided always that in all cases when fermented or spirituous liquors shall be carried from one place to another the burden of proving that such fermented or spirituous liquors were not so carried for sale or exposed to sale shall be cast upon the party or parties so carrying or exposing them.