IS A THEATRE A PUBLIC PLACE ?

Evening Star, Issue 3556, 16 July 1874, Page 2

IS A THEATRE A PUBLIC PLACE ?

To the Editor. SiR, —In your to-day’s issue appears a letter from “Solicitor,” showing that from the wording of Section 4 of the Vagrant Act Amendment Act, 1809, a theatre or any similar place could not come under the name “ public place.” He asserts, and rightly so, that the meaning of the word “place" can only be ascertained by what goes before. Now supposing that your correspondent’s interpretation in reference to the meaning of the words “public street, thoroughfare, or place,” be correct, does he assert that a private right-of-way or street would come under the Act? The “Arcade,” for instance, is supposed to be a private street, and can, I believe, in consequence be closed to the public at any time. If, therefore, your correspondent’s arguments be correct, a person creating a disturbance there while people were passing and repassing could nob be pulled up under the Vagrant Act, for the reason that it would be asserted that it was a private street. We might also apply the same interpretation to all the private r,ght of-ways and streets in the City—if your correspondent’s interpretation of the law be correct. But I assert on the other hand that any place, whether private or public, which is frequented by the public, would come under the interpretation of the words “public place.” The very fact of a place being in the custom of being frequented by the public, whether admittance money is charged or not, must in a common-sense-view make it a public place. The theatre, the race-course, the Caledonian games, sale yards, and other places of the same description are evidently intended to come under the designation “ public place ” ; but because these places do not happen to be specially mentioned in the Act, some assert that they were not intended to come under it. As a rule here those who are entrusted to carry out the intention of our statutes stretch them to the utmost, so that their interpretation may keep under the law. Theatres and other places of the same kind could safely be construed as coming under the Act, without stretching the Act to a very great extent.—l am, &c., Barrister. Dunedin, July 13.