LEGISLATIVE COUNCIL.

Auckland Times, Volume 2, Issue 78, 9 July 1844, Page 1

LEGISLATIVE COUNCIL.

TUESDAY, 2nd July, 1844. AH the members were in their placesHis Excellency gave notice that before the separation of the Council he would introduce a Bill for the amendment of the Licensing Ordinance, for the purpose of making a distinction in favor of road-side public houses, water-side places and others, where such establishments are kept up rather for the public convenience, than for that h&hijtuaL trade in Wines, Spirits, &c, which the general act contemplated. He thought that a degree of guarantee might be taken from the proprietors of such places by making the indulgences proposed, contingent upon such circumstances as these, viz., the proprietor if at the road-side, should keep one or more horses, or if he lived at the waterside, as for instance at Onianga, he should be required to keep a sufficient boat or ferry for travellers.

Dr. Martin said that he thought this Licensing Ordinance was capable of much wider improvement. A case had recently occurred in point, upon which he sheuld be glad to obtain the opinion of the Honorable and learned Attorney General. A licensed victualler of highly respectable standing, was lately most unfortunately drowned, he had previously applied for the renewal of his license, and that renewal had been approved, but the pay-day had not ar rived, and the actual license for the ensuing year had not been granted, and the consequence would be that the unfortunate widow, a most respectable woman, who had always been in fact the inn keeper, while her husband was engaged in more active pursuits, would be deprived of her bread, the license, approved of, could not be transferred to her, for the act did not permit to women the power to hold one, and the sudden death of her husband had prevented his appointing an executor or an administrator, who could have claimed to protect her right for six months at least, till the good*will might be disposed of, or some other method adopted to protect the invested property of the widow and family ; but there was no remedy as " The Ordinance'' stood in this case* The Attorney General said, that there had been a studious desire on the part of the former Council to avoid unnecessary verbiage in the formation of the Ordinances, and it had been agreed to escape from the useless re-

petition of he or she, him or her, his or j hers, &c, by considering the masculine to cover and include the feminine. The object was simplicity of terms, and had been recognised in the English Courts. His Excellency thought such intention in the Ordinance a very good one but in this case, he did not see wliy an' industrious landlady was not as appropriate as a landlord, he was desirous to see all legal documents clear and explicit, and he thought that the attempt to make it so, by confounding the masculine with the feminine gender was rather an Irish kind of process. Reading the act as it now stood, he should certainly refuse a license to a woman, and he saw no reason to do so* except the Ordinance's want of explicitness. A good deal of discussion then took place to decide whether He and She in future Ordinances of Council should bear the same meaning, and Dr. Martin was of opinion that a clause to that effect ought to be introduced. The conversation was greatly prolonged, and His Excellency the Governor said that he would keep his eye upon the particular case, and take care that the widow should not be made a victim to any defect in the law. Union Bank of Australia Bill.

The remainder of the day was occupied in a discussion upon the details of this Bill, whieh was of too technical a nature to be acceptable to our readers. Mr. Brown moved the following important addition, after the 17th clause " And whereas it is expedient in order to protect the public from the evi's which might arise from an unlimited issue af a paper currency to interpose some check upon the same : Be it therefore enacted, that six months after the passing hereof all promissory notes or Bank Post Bills of the said Bank shall be payable in the current coin of Great Britain, and the Manager or Managers of said Branch or Branches of said Company shall keep or cause to be kept accounts of the weekly issues such promissory notes, and shall make up a monthly average account of the same; such account, along with a statement verified on oath by the said Manager, shewing the assets and liabilities of the Bank at its various branches in New Zealand, shall be made up on the first day of April, and the first day of October, in eaeh year, and the said Manager or Managers shall, within one month after these dates respectively, cause the same to be inserted in one or more of the Local Newspapers, and shall forward by the first opportunity after said accounts have been prepared, a copy of the same for insertion in the "Government Gazette," and if any Manager shall fail or neglect to keep such accounts as aforesaid, or to publish the same, he shall be liable to a penalty of one hundred pounds, which may be recovered by action of debt in the Supreme Court by any person who may sue for the same.''

On the question being put that Mr, Brown's amendment be agreed to, the Colonial Secretary moved that the further consideration of c'ause be postponed until Thursday, 4th instant. Mr. Clifford gave notice that on the further consideration of said Bill he would move a clause to the effect that the said Ordinance should not come into operation until confirmed by Her Ma* jesty. The Governor laid on the table— The Native Exemption Bill, and The German Naturalization Bill. Council then adjourned.