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Penalty on persons selling spirits, &c. without licence.
Proof of such sale.
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3. Every person, not being duly licensed to sell wine, spirits, beer, ale, cider, or perry, who shall sell, or keep for sale, or expose for sale, any wine, spirits, beer, ale, cider, or perry, shall for every such offence be liable—
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For the first offence, to a fine not exceeding two pounds nor less than five shillings, or to be imprisoned, with or without hard labour, for any term not exceeding one month nor less than one week:
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And for the second and every subsequent offence, to a fine not exceeding five pounds nor less than twenty shillings, or to be imprisoned, with or without hard labour, for any term not exceeding three months nor less than one month:
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And for the purpose of any such conviction it shall be sufficient to prove that wine, spirits, beer, ale, cider, or perry was kept for sale or exposed for sale by such person or on his premises, or had been illegally consumed on such premises, at any time within two months preceding such alleged offence; and if any person be found drunk in such house, or having the appearance of having been recently drinking, it shall be deemed evidence of his having been drinking in such house, and of the unlawful consumption of wine, spirits, beer, ale, cider, or perry, unless the contrary be proved.
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