IS A THEATRE A PUBLIC PLACE?
To the Editor. Sir,—lt is a common saying that a man is known' by the company he keeps, and its truth is verified every day. The principle therein contained is held applicable to the interpretation of deeds and statutes, and Noacitur asociis is a familiar legal maxim. In plain English, “the meaning of a word may be ascertained by reference to the meaning of words associated with it.” (Brown’s Legal Maxim, p. 588 ) The same jurist says—“ Jt is a rule laid'down by Lord Bacon that copulatijs verborum indicat acceptationem in eodem sensu —the coupling of words together shows that they are to be understood iu the same sense.” Further on he says— V The meaning of a word being ascertained by reference to the content, and by considering whether the word in question and the surrounding words are, in fact, ejusdem generis, and referable to the same subject matter. - ’ If these principles be law, as they undoubtedly are, it follows that the interpretation put by some of your correspondents on the word “place,” in'section 4 of the Vagrant Act, 1866, Amendment Act, 1869, as including a theatre, is erroneous. The words of the Act are “ any public street, thoroughfare, or* place.” The meaning <f the word “place’’can only bo ascertained by its companions, and it is clear it must be of the same kind as “ street or thoroughfare.” This excludes theatres and every similar place, which cannot be included in the family of which street ” and “ thoroughfare ” are two well-known members. This is a matter of some importance to the public, as several of our other places of amusement which are usually on land belong, ing to the public are here private property. The race-course is private property, and the use of threatening, abusive, or insulting words may take place there, and yet the person threatened be without the redress the law allows if the bad behaviour take place on a public thoroughfare. ’Jhe question is one deserving further investigation, in order to secure protection to the public in all places of public report, whether on private property, for admission to which money is paid or otherwise.—l am, &c., . Solicitor. Dunedin, July 11.
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https://paperspast.natlib.govt.nz/newspapers/ESD18740713.2.18.3
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Evening Star, Issue 3553, 13 July 1874, Page 3
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370IS A THEATRE A PUBLIC PLACE? Evening Star, Issue 3553, 13 July 1874, Page 3
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