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Nga Ture O Niu Tireni: I Pahitia I Roto I Te Tau Wha Te Kau Ma Rima O Te Kuinitanga O Kuini Wikitoria, Me Te Nohoanga Tuatorutanga O Te Paremete Tuawhitu O Niu Tireni, I noho ki Poneke i timate i te rua te kau ma waru o nga ra o Mei, 1881.

Repeated Convictions

Repeated Convictions.

204. Conviction after five years not receivable in evidence. A conviction for any offence under this Act shall not, after five years from the date of such conviction, be receivable in evidence against any person for the purpose of subjecting him to an increased penalty, or to any forfeiture.
205. Forfeiture of license for two convictions in six months. If any licensed person is convicted of any offence against this Act, and any previous conviction for any offence against this Act is proved to have been made against him within six calendar months next preceding, he shall be liable to forfeit his license.
206. Disqualification of persons for offences committed by them If any licensed person is convicted of any offence against the one hundred and forty-sixth, one hundred and forty-seventh, one hundred and forty-ninth, or one hundred and sixty-sixth sections of this Act, (relating respectively to page 45permitting drunkenness, keeping a disorderly house, permitting gambling, and supplying children with liquor,) and two previous convictions for offences (whether of the same or different kinds) against some one or more of the same sections shall be proved to have been made against him within the five years next preceding, he shall be disqualified for a term of five years from holding any license; and,

If such three convictions shall have been made against him while he was licensed in respect of the same premises, the premises in respect of which his license was granted shall, unless the Court having cognizance of the case in its discretion thinks fit otherwise to order, be disqualified from receiving any license for a term of two years from the date of such third conviction.

Nothing in this or the preceding section contained shall prevent the infliction of any pecuniary penalty or any term of imprisonment to which such licensed person would otherwise be liable, or shall preclude the exercise of any power given by any other section of this Act of disqualifying such licensed person or such premises for a longer period than the term mentioned in this section.

207. The following additional provisions shall also apply in respect of Disqualification of premises in respect of offences committed thereon. licensed premises, namely,—
(1.) A record of the second and every subsequent conviction indorsed on the license of any one licensed person shall also be entered in the register of licenses against the premises:
(2.) When four convictions (whether of the same or of different licensed persons) have within five years been so registered against premises, those premises shall be disqualified during one year for the purposes of this Act:
(3.) If the licenses of two persons licensed in respect of the same premises are forfeited within any period of two years, the premises shall be disqualified for one year from the date of the last forfeiture:

Provided that, where any premises are disqualified under this section, notice of such disqualification shall be served upon the owner of the premises in like manner as an order of disqualification is required to be served under this Act, and the regulations for the protection of the owner of the premises in case of an order of disqualification shall, so far as the same are applicable, extend to the case of disqualification under this seetion.

208. Where any tenant of any licensed premises is convicted of an offence Protection of owners in case of offences by tenants. against this Act, and such an offence is one the repetition of which may render the premises liable to be disqualified from receiving a license for any period, it shall be the duty of the Clerk of the Justices making the conviction to serve notice of every such conviction on the owner of the premises.
209. Where any order declaring any licensed premises to be disqualified Notice of disqualification of premises to be given to owners. from receiving a license for any period has been made, the Justices making such order shall cause the same to be served on the owner of such premises, where the owner is not occupier, with the addition of a statement that a meeting of Justices will be held at a time and place therein specified, at which the owner may appear and appeal against such order on all or any of the following grounds, but on no other grounds:—
(1.) That notice, as required by this Act, has not been served on the owner of a prior offence which on repetition renders the premises liable to be disqualified from receiving a license for some period;
(2.) That the tenant by whom the offence was committed held under a contract made prior to the commencement of this Act, and that the owner could not legally have evicted the tenant in the interval between page 46the commission of the offence in respect of which the disqualifying order was made and the receipt by him of the notice of the immediately-preceding offence which on repetition renders the premises liable to be disqualified from receiving a license any perios; or,
(3.) That the offence in respect of which the disqualifying order was made occurred so soon after the receipt of such last-mentioned notice that the owner, notwithstanding he had legal power to evict the tenant, could not with reasonable diligence have exercised that power in the interval which occurred between the said notice and the second offence.
210. Where omission is made in recording a conviction on license. Where a record of a conviction of an offence is by this Act directed to be indorsed on the license of any person, the fact of no such record having been made shall not, if such conviction be otherwise proved to the satisfaction of the Court having cognizance of any case under this Act, exempt such person, or the premises occupied by him, from any penalty to which such person or premises would have been subject if such record had been duly made. And, on such proof being given, the omitted record may be indorsed accordingly, and shall be deemed to have been duly made iu accordance with this Act.
211. Penalty for defacing indorsemnts on license. If any person defaces or obliterates, or attempts to deface or obliterate, any indorsement of a record of a conviction on his license, he shall be liable to a penalty not exceeding five pounds.