Manawatu Herald. SATURDAY, MARCH 24, 1900. A Law Puzzle.

Manawatu Herald, 24 March 1900, Page 2

Manawatu Herald. SATURDAY, MARCH 24, 1900. A Law Puzzle.

Thursday was the day appointed for holding the election in this district for a licensing committee, and the poll was held between the hours of nine in Mo and six in the eninr\ L^ JU Saturday was the 17th March, known as St. Patrick's Day, which is usually celebrated as a holiday. The business people, however, without public notification kept their shop 3 open on Saturday and closed all day on Monday, hence the following difficulties. Acting under the impression that having closed on Monday the usual half- holiday on Wednesday was not necessary, the shops remained open all day long. On Thursday the shopkeepers kept open all day, ignoring the directions given to the contrary on the occassion of a poll. It is thus possible that the whole of the shopkeepers who come under the control of " The Shops and Shop-assistants Act 1894 " in this town have become liable to two sets of penalties, first for not having closed on Wednesday afternoon, and secondly for having kept open on Thursday afternoon. Monday not having been a "public holiday "as determined by the ' ct, the shopkeepers though perfectly entitled to take as many holidays as they please, are not empowered to do away with the Wednesday half-holi-day appointed by special resolution of the local authority last January. The penalties prescribed by the Act makes the shopkeeper liable to a sum not exceeding £5 for each occasion upon which he fails or neglects. In clause 8 of " The Shops and Shop-assistaaU Ac*; 1891" it is clearly set fo k 'i that "whenever any day in any week ig a public holiday or half-holiday, then it shall not be incumbent on any shopkeeper who closed his shop on such public holiday or half -holiday to close it also on the half-holiday provided by this Act." Again clause 10 of "The Alcoholic Liquors Sale Control Act Amendment Act 1895 " set 3 out that " every day on which the election of the Licensing Committee takes place, or upon which the poll for local option under this Act is taken, shall be arid be deemed to be a public holiday after midday, and such halfholiday shall be deemed to be a holiday within the meaning of the several statutes for the time being in force referring to public holidays j and further, between the hours of twelve o'clock, noon, and seven o'olnr>> '~ xl vening it shall be unlawful to soL intoxicating liquors in any licensed premises." It is

very clear that this clause refers to other places than public houses, as they are more particularly dealt with at the end of the clause. The Shop Act is intended to be controlled by this election, as it is influenced by what may be " public holidays " declared so from time to time, and though "The Interpretation Act 1888" declares "Holiday" to in.--elude Sundays and other days it declares ifc to be any day proclaimed by the Governor as a public holiday. If ths Governor is given the power to mak-o a holiday it will have to be allowed tuat parliament is greater than he in this respect, and parliament has by clause 10 of " The Alcoholic Liquors Sale Control Act Amendment Act 1895 " declared that the day on which the - election of a Licensing Committee takes' place, shall be and be deemed to be a holiday within the meaning of the several statutes for the time being in force referring to public holidays. I It is evident by past experience that without any further procedure than the direction of an Act of parliament, storekeepers closed their premises for half the day on the general election being held, though in the Shop's Act no particular mention is made of this day. The pur« pose of this general closing is to give to all the opportunity to exercise their vote free and where they pleased, arid thus the business places j being kept open in town all day will have tended to have prevented the shop-assistants having that freedom and opportunity the Act was framed for them to receive, and the election itself may have become invalidated. We do not wish to suggest that anyone is to blame for this series of errors, but it is made evident that a half -holiday closing Association would have plenty to do, as well as saving the members from the meshes of the law. In Wellington we noticed that the Mayor advertised a suitable warning prior to the election.