THE LICENSING BILL.

Taranaki Daily News, Volume XLVI, Issue 203, 31 August 1904, Page 2

THE LICENSING BILL.

INTRODUCED IN THE HOUSE YIOSTEHDAY. j TEXT OF THE MEASURE. The following is the text ol the I ) licensing Acts Amendment Hill, in- , reduced in the House of Representa- I ive.s on Tuesday afternoon by Gov- f ■nior's Message : LICENSING ACTS AMENDMENT. v Bill intitdled '■ An Act to Amend the Licensing Acts." i He it enacted by the Genera! Assem- | lily of New Zealand, in Furliaincnt isweinbled, and by the authority of the same as follows : ' I.—Tine short title of this Act is) 'The Licensing Acts Amendment Act, lao-l," and it shall form part of and be road together with the Licensing Acts as defined by " The j Alcoholic Liquors Sale Control Act Amendment Act, 1895." ll.—ln the Act, it not consistent' with the context "Amendment Act of 1893" means ■'■ Tho Alcoholic Liquors Sale Control Act, 1893,", and "Amendment Act of 1895 " means ''The Alcoholic Lkpiors Saie Control Act Amendment Act, 1895." "Elector " means a person entitled to vote at a Parliamentary general election in a district. "Electoral Act " means "The Electoral Act, 1902." "Electoral poll " means the poll taken under " The Electoral Act, 1902," for the purposes of a Parliamentary general election. " Licensing Acts" includes this Act. " Principal Act" means "The Licensing Act, 1881." III.—(1) At the licensing poll to be taken next after the passing of this Act, and at every subsequent licensing poll, there shall be submitted for the determination of electors the following questions—(a) Whether licenses shall he granted in the district ; (to) Whether no licenses shall bo granted in the district. (2) Such questions shall be submitted to the electors in the manner

prescribed by the Amendment Act, 1895, as amended by this Act. (3) The Minister shall provido the returning officers of each licensing district with a sufficient quantity of uniform voting papers in the form numbered (1) in the first schedule hereto, or any colour other than white, in perforated books. (4) Such voting papers shall bo numbered consecutively, commencing with No. 1 in oach district according to the approximate number of electors in the district. (5) The voter shall strike out on his voting paper such one of the proposals as he thinks lit, and his vote shall be deemed to be, given in favour of the proposal that he does not strike out.

t<3.) If the voter strikes out both proposals or fails to strike out oilier of thorn the voting papers shall be void and he shall not be deemed to be a voter wiio lias recorded his vote, provided tkat a voting paper shall not be rejected as informal merely on the ground of imperfection of a mark of the voter if he has made it obvious how he intended to vote. At the close of the poll the returning officer shall count the voting papers, and after rejecting all void . a nd informal votes shall ascertain and determine the rcBult of the licensing poll in the manner provided by this Act. V.—The form in the third schedule to the Amendment Act of 1895 of the declaration of the result of a licensing poll is hereby repealed, and the form numbered (2) in the first schedule hereto is substituted in lieu therxjof. VI—(1) Where oin the taking of any swell licensing poll in a district where licenses then exist the number ol valid votes recorded in favour of no licenses being granted in the dis*-

irict is not less than three-fifths of tho valid votes' recorded the proposal that no licenses shall be granted in the district shall be carried, hut not otherwise. (2 ) If such proposal is carried it shall not he necessary to elect a

licensing committee for that district, and it shall not i>e lawful to grant or renew any publican's license, N.nv inland wine license, accommodation licinse. bottle license, packet license, wholesale lioensa, conditional Hoen.se, or charter for any club therein until after another poll has beon taken.

(3.) If such proposal is not carried liw number of licenses existing at the date of the poll shall continue, subject to the power of refusing to renew licenses objected to on any of the grounds montioned in tub-sec-tions one to four of suction eightyone of the principal Act ;uid the provisions of tho Licensing Acts relating to forfeiture or increase of li-ccns.-si VII—(1) Where at tho taking of any suoh licensing poll in a district where mo licenses then exist the number of valid votes recorded in favour of licenses being granted in the dis'.rict is not less than three-mths of all the vailid votes recorded, tho proposul that license!, *all be granted in the district shall be deemed carried, ibut mot otherwise. (2.) If suoh proposal is carried a licensing committee shall be elected and licenses shall bo granted in the manner and at the time prescribed by the Licensing Acts. (3.) If such proposul is not carried it shall mot be necessary to elect a licensing committee for that district and if nhall not be lawful to grant or renew licenses therein until after another poll has beon taken. VIII.—The result of every licensing poll (whether now in force or taken under this Act) shall' have effect until superseded at a subsequent valid licensing poll. 1X.—(1.) On the baking of the licensing poll next after the passing of this Act simultaneously therewith a poll shall also be taken in each licensing district to determine the question whether or not in the event of " no-license " being carried in the district liquor shall or shall not (except for religious, medicinal, scientific, or manufacturing purposes) bo allowed In the district 'or in possession of any person in the district, «nd whether or not the provisions of the next succeeding section shall be adopted in the district. (2.) The voting papers on such questions shall be in the form numbered (1) ini tho second schedule hereto, and shall bo different on colour to the voting paper for the licensing poll and the ballot papers! for, the electoral poll. CI.) The proposal that in the event of "no-licensc" being Harried i in the district the provisions of the next succeeding section shall be adopted in the district shall be deemed to be carried if not less than thrce-lifihs of all valid votes recorded in tho district at that poll were recorded In 'favour of such proposal, but not otherwise.

(4.) Notice of the result of the poll shall be given in the form numbered (2) in the second schedule hereto. (5.) Except as provided in this section! all the provisions of the Licensing Acts relating to licensing polls shall mutatis mutandis- apply to the poll taken under this section. ((>.) The provisions of the next succeeding siection shall apply only in a district wherein it lias been adopted as-the result of a poll taken under this section, and for so long only us such result has effect. X.—(l,) Where the electors of any district have duly determined, In the manner prescribed by this Act, that no licenses bo granted therein, and so long as, pursuant to such determination, no licenses are in force therein, it shall not be lawful except ■an hereinafter provided for any person therein to have any liquor in his possession after one month from the date when such determination comes into forco. C2.) Every person in whose possession any liquor is found contrary to this section is liable to ft line not exceeding twenty pounds, nirl «!! liquor so found, together with the receptacles wherein the same is ci ntained, shall be forfeit?.! and shall be handed over to the hospital

>oard or to the trustees of the hos- u lital hi-the district where the liquor kvas found, lor the. use and benetit of l latients, or I^ | sold, and tlie proceeds paid to tho said hospital board jr trustees. (3.) Nothing herein shall prevent my person having in his possession iny wine for religious purposes or my liquor for any medicinal, selenitic or manufacturing purposes, protided that Uie sale or storage of any wine or otffer liquor shall l»e subject to such conditions- as the Governor by regulation thinks lit to impose. EFFECT OF "NO-LICENSE." XL—(l.) From and after the date when no-license comes into force in any district in which it has not been divided that no liquor may go ■mo the said district, and so long as no-licenso continues in lorce therein the following provisions sluill apply throughout that district ; (.a) Jt sunll not be lawful for any person to solicit or receive any order lor or supply or deliver or Send any litfquor except as liereiaiufter provided; (b) All liquor supplied or delivered or sent within the district shall be sent to an ollicer of tive Customs or Oilier ollicer appointed for the purpose by the Commissioner of Customs ; (c) Liquor may be supplied through such ollicer to any person requiring the same for consumption only, but not for salt ; (d) Such liquor shall be supplied only in bottles or other receptacles duly closed and sealed in such a manner that the li|q;uor cannot be extracted therefrom without brooking the seal, and every such bottle or other receptacle shall have thereon a label setting forth the kind, quantity, quality and price of the ldojuor contained therein ; (e) Such ollicer shall not deliver any liquor to any person unless lie is satistied that it is bona Ude required for consumption and not for sale; (I) Every person who supplies, delivers or sends any liquor except as provided in this section is liable to a fine not exceeding fifty pounds or to imprisonment with or without hard labour for any term, not exceeding three months and not less than one month.

(2.) This section is in suilvstitution for section thirty-three of the Amendment Act of 1895, which section is hereby accordingly repealed. CHANGE OF BOUNDAHItES OF DISTIUCT3, Xll.—Whenever by reason of changes in electoral districts the whole or any part of tlio aieu of u licensing district (hereinafter called an "original district") 'becomes comprised within the boundaries of anotkier licensing district (lmruinafter culled a "now district") the following provisions shall apply : (a) Until the committee of the new district is dul,\ constituted the committee of the original 'district shall continue to have jurisdiction, throughout, tine whole o' the area thereof in like maimer as if s..ch district was unchanged; (b) , Until thy first valid liceusiiig poll in the new distnicl comes into force therein the result of the licensing poll in force in the original district immediately prior to the change shall continue in force throughout the whole of tne area thereof in like manner as ii such district existed unchanged. XIII.—(1.) For the purposes of tthe first licensing poll in every such now district the following provisions sihall apply : (a) If the grant of licenses'is prohibited throughout any area of the district containing more tihan lialf the population of the district the result of tho poll shall bo determined under section seven hereof as if no Manses 'existed in tlie district ; provided that if tho result of such poll is that no licenses he granted in the disliict then notwithstanding such result every license of any description existing at the time of the taking of the poll shall, subject to the provisions of this Act relating t 0 forfeiture for breaches of the law, continue in force until the expiration of tee current term of such license ; (b) In any other case the result of the poll shall be determined under section six hereof as if tune grant of licenses were not prohibited in any part of the district. (2.) For the purposes of this section the Governor shall, by notice in tho Gazette, published not less than fourteen days before the day for taking the licensing poll, specify with respect to each such licensing district the section under which the result shall be determined accordingly.

DISPUTED POLLS. XIV.—(I.) If the result of any licensing poll i» disputed on the ground that a count of the returning officers was incorrect : (a) Any six electors may within throe days after public notice of such result upply to a magistrate for a recount of the votes ; (b) Every such application shall be accompanied by a deposit of ten pounds ; (c) The magistrate shall as .won as practicable after receiving the application and deposit as aforesaid cause a recount of the votes to >be made, and shall give at least two days' public notice of the time and place at which suoh racount will be made ; (d) The reCou.it shall bo made in tihe presence of the magistrate or of an officer appointed by him for the purpose, and shall as far as practicable be made in the manner provided in the fuse lof the original count, and the provisions of the Electoral Act relating to the secrecy of ballot shall apply to such recount; (e) If on the recount tho magistrate finds that the result of the. poll as determined by the returning officer was incorrect he shall order the returning officer to give on amended pufilic notice of the result of the poll as disclosed by such recount ; (f) Where the magistrate is of opinion that the application, was made on insufficient or frivolous grounds he may order that the expenses of and incidental to the recount or any part thereof b» defrayed out of the deposit made under this suction ; (,g) Subject to any such nrdcr the magistrate shall direct that the deposit ho returned to the person who made the same; (h) Subject to amy such order the expenses of a n'd incidental to the inquiry shall be deemed to form part of the expenses of the licensing poll and shall be payable accordingly. XV.—(l.) Where any fifty electors are dissatisfied with the result of any licensing poll they may within fourteen days after tlw dedication of Hie result of the poll by petition filed in court us hereinafter mentioned demand an inquiry as to tihe conduct of the poll or of any person thereat. (2.) Every such petition shall lie accompanied 'by a deposit of twenty pounds. (8.) Such petition shall too in the form in the third schedule hereto, or to tho like effect, and shall be filed in the Magistrate's Court nearest to the principal polling place at the poll to lie inquired into and (Wall lie heard and determined before the magistrate usually exercising jurisdiction ut that court, to|j)'tber with two magistrates usually exercising jurisdiction at the Jlaigiistrate's Courthouse nearest to such court, and the determination of a majority of such magistrates (hereinafter referred to as the court) shall lie sufficient, provided that where from any cause such magistrate is unable to act the other two magistrates shall se- ■ lect some other magistrate to act in his stead.

(4.) Where any lOjuostion arises as to which magistrates are to constitute any court the same shall be decided by the Governor by notice in the Gazette.

(!>.) The petition shall alloge specific grounds on which the complaint is founded and no other grounds than those stated shall he investigated, provided that evidence may be given to prove that a proposal other than that declared to he carried was rejected ami not. carried. XVl.—Any six electors may at any timo not later than three clear davs beforo the commencement of the inquiry file in the Magistrate's Court in which the petition is Med notice in writ ng of their intention to oppose the -petition ; t'wvupon the e!e<; tors giving such notice shall be deemed to be respondents to the petition. XVII.—(I.) The in-ruiry shall lie commenced within fourteen days after the filing of the petition, and not I less than seven days' public notice shall be -given o( the timo and place

ut which the inijuiry will be- held. I (U.) The magistrate usually exercising JurisdaUon ut Ihc iMagi.s-| irate s Court in uluch the petition [ is Jlllill or, iu ilia ausL'llCC, SIIUI oilier member of tlie court as Oliu Jlinisier directs, shall Jju chairman o'' Uiu court. I

.11 . .1.—(1.) For tho purpose oi the ii,'..i y Llie court shall liave an<l .ii all Uiu powers oi citing partus and compelling evidence or jn I .i.,i...iumg oi.il.r i nut nuigisiriUcs haie in uieir ordinary jurisdiction, and in addition may at any time uur.n, the iiaifiii'y direct a recount or scrutiny ol Lire votes given at the poll anil 'disallow Hit; vote ol every person why UU mis voted while not emit.ill to vuiu, or t,\>) Ims given more votes than lie was entitled to *»"'*-'■ ...

(2.) 'llui court shall determine, whellier, uy u-ason oi some irregularity that in its opinion tended to material,y uliect the result, the poll is \oid. or wlieiher any, anil wJiul, proposal was nul.v Curnou, and sucli umk run nation S'liall ho linal.

A1.\.—(1.) On sucu inquiry the chairman of tilt! court shall report in writing to the Aliiiisiw the names oi persons loumt to have been guilty of any irregularity at or in connection with tlte poll and slate in such report wtiet! ier or.not in the opinion oi tie court such irregularity lemletl lo (hfeat the fairness ol the poll, anJ \v) jether or not such irregularity tem.e-a lo materially alteet tho resuit thereof.

(U.J I'Aery person so named shall oe liable (a) where the irregularity | did not in the opinion of the court Und to Mjaturiallj aliect the result, out tended to ueieat tne fainwss of ti.o poll, to u nne. not exceeding tiiuu.v pouiws, or 00 where such irregularity did not in tliie opinion of ihe court Uii<l to either materially aliect the resuit or tleieitt the fairness of tlie poll, to a fine not exceoiiing five pounds. .v\.—Kvery person shall be deemed guilty of an irregularity within the iiieamng of tho last preceding suction who (a.) in any way interferes with any elector, oi frier in tlie polling booih or while on his way thereto, with the intention! of influencing him or ndvising him as tp his vpte, or ib) prima or distriuutes or delivers lo any person on Hie "ay of the poll or at any time during the three days ! imuioJlaU'ly pieceding the poll, anyI 'being or purporting to be an

imitation of any voting paper to be used at tho poll or having thereon an issue to bo decided at the poll, together witii any direction or indication as to how any person should rate or in any way containing any such direction or indication, or (c) dmiing the hour& in which tho poll is being taken makes a public demonstration with reference to the poll by n.eans of living figures, effigies, paintings, placaids, or other ■iit-aiis, or (d) obtains possession ol any voting paper other t.tvan tho one given hiui by the returning officer lor the purpose of recording his vote, or retains any voting paper in his poss.syion after leaving tiie polling booth, or (e) does or omits to do unv act that, if done or omitted to be" done at the electoral poll, would ■be an offence under either l'art 11. or l'art 111. of the Electoral Act. XXI—(I.) The court may order that the expenses of and incidental to an inujuiry shall be borne either by tho parties petitioning or 'by the jartiis [o.iUoned against, or whero it declares the poll void on l "° | .; ounid of negligence or misfeasance I o'' any returning ollicer or other pcr- | son acting officially at the election 'or poll, itiu.V order such expenses or any part thereof to be borne by such ret inning ollicer or other person, prodded that no such order shall he made against any person who has not been cited us a party or sum-' imoned to attend und give evidence at the inquiry. (2.) Subject to any such order the court shall direct that a deposit he returned to the person who paid the same.

(3.) Subject to any such order tho expenses of and incidental to an inquiry are to .be deemed 'to form part of the expenses of the licensing poll and be payable accordingly. XXII— (1.) Where a licensing poll is declared void under section seventeen Weof notice thereof shall he given by the chairman of the court to the returning officer, and a fresh poll shall on ft day to be fixed

by the returning officer, being not later than forty days after the date of such notice, be taken in the manner prescribed by the Licensing Acts in vho iiaso of a licensing poll n a district in which no electoral

poil has been taken, provided .that no such fresh poll sliall ibe valid unless the number of valid votes recorded thereat be not less than one-half the number of valid votes recorded at the voided poll. (2.) At any such fresh licensing poll the same roll of electors shall bo usud ns was used at the voided poll. HEPEALS.

XX11I.—(1.) Section four of the Amendment Act, 1895, sections three, live, six, with paragraphs live, one and ten of section seven, and sec-

tions eight and twelve of the Amendment Act, 1895, and section .our of tt«j Licensing Committees and Polls Act, IUO2, are hereby repealed. (2.) Part 1. of the Amendment Act, 185/5, shall bo read subject to the foregoing provisions of this Act. STATE UONTHOL.

XXIV.—(I.) On the taking of the .icensing poll next after the passing of mis Act, and simultaneously therewith, a poll of the electors shall ue taken on the question whether or not the sale of Ikjuor shall (be under State control. (2.) The voting papers for such question shull be in the form nu»nuored (1) in tho-fourth schedule hore-

to. (3.) The result of the poll in each electoral' district sliall be duly cer-

tilitd by the returning ollirer in the form numbered (2) in tihe said lourth schedule, and shall be forwarded by him to the Colonial Secretary. (4.) Forthwith, upon receipt of the results of the poll in every electoral district the Colonial Secretary shall cause to lie prepared and gazetted a tabuluUd statement thereof showing

[or each licensing district and for the whole of Mew Zealand the total number of votes recorded for thi

proposal thai, the sale of liquor Khali do under Statu control, the total number of \otes recorded against

such proposal, and the total numbe of informal or voided votes.

(5.) The majority rajnirud to decide the question shall bo a majority of all valid votes recorded throughour New Zealand. (6.) Exeept us provided in this section all the provisions of the Li-

censing Acts relating, to licensing polls shall mutatis mutandis apply to t:ie poll taken unto this section. XXV.—If the result of the poll favours the proposal that the sale o( liquor shall ho under State control the Colonial Secretary shall within ten -days utter the commencement of the next ensuing stvsion of Parliament introduce a Mil to give ellect to such proposal. XXVI—(I.) Toe result of the poll shall continue in force for a period of six years or until altered under the next succeeding! sub-section. (2.) If at any time within six i".)iiti.s immediately preceding theex"""ratiion of such period of six years or at any time at the expiration of such period a petition, signed by not less lhan ion per centum of all electors throughout New Zealand, bo presented to the Colonial Secretary pray img that a IWll lie taken on, the question at the then next ensuing general election, such poll shall be taken accondimgly, and the provisions of sub-sections two to six of section twenty-three hereof shall mutatis mutandis apply to such poll. (!!.) The provisions of this section shall apply to each succeeding poll tiaien linden- suction twenty-three kcreof.

SPECIAL PROVISIONS RESPECT ING TE ItOHE I'OTAE.

XXVII.—With respect to that part of the North Island known as Rohe I'otao, described in the fifth schedule hereto, and hereinafter referred to in this section as " such district," the following provisions shall .apply.: (a) It shall not lw lawful for any person whomsoever (i) to solicit

or receive any order for any liquor within such district, nor, (ii) U> wll or expose or keep ior sale any liquor wiihiii such distiicl, nor (Hi) to semi (.either Horn without or within such district) or duli Mil- lo uny person I residing therein or to any place situI ato therein any liquor winch the J person sending or delivering the 1 same lias reasonable ground to suspcct is mu-uuud to De bold or expos.*! or kepi ior sule therein, nor (;iv) 10 send or deliver to «ny person | residing therein or to any place situate therein any package containing

liquor unless sucn package bear distinctly written or printed on the outside thereof a statement that H contains liquor, and any constuble, oiiicer of the Customs, or inspector aplioiutud under the Licensing Acis may iteiain and ill the pit-«n«' of ut luusl two witnesses examine the conlenls oi any puukuge in respect whereof a violution of this pioi.iron is reasonably »uspecieu by i- ■-. : (.b) in any piosccutlon for Bemlriij, or delivering toguor iinji'euch ol In.s section it bhull lie on Uie accusod to show tliat he had no roasoualM! ground to suspect Ufoat such liquor wus intended to be .joid or exposed or kept for sale within such district; (c) it shald

not bo lawful for any person to supply liquor to any male Maori who is under the inlluence of liquor, or sell or 'in any way give or suppiy or allow lo bo sold, given, or supplied, any liquor, to any fomalc Maori except on ft written certlllcatc of a tjuuliliod medical practitioner that the same is required medicinally ; (d) Every person who commits a breach of any ol the provisions of

this section is liable for a first olienee to a line not exceeding fifty pounds, and for ft second offence to imprisonment for any term not executing three months, and for any subsequent offence to imprisonment ior any term not exceeding twelve months.

SPECIAL PUOVISIONS RESPECTTHE COOK AND OTHEK ISLANDS.

XXVIII.—(I.) On or after the date of the passing of this Act, any law or. ordinance to the contrary notwithstanding tho export to and the importation into the Cook and other islands of the Pacific within the boundaries of the colony of New Zealand, as defined by ■' The Cook and Other Islands Government Act, 19U1," aJid hereinafter referred to as the suid islands, shall so far as private enterprise is concerned and except as hereinafter provided absolutely cease.

(2.) It BhulL not be lawful for any person whomsoever (a) to solicit or receive any order for any liquor within the said islands, nor (b) to bull or expose or keep for sale any liquor therein, nor (c) to send (either from without or within the | said islands-) or deliver to any person residing therein or at any place situate therein any liquor which the person sending or delivering the same has reasonable ground to suspect is intended for salo or to bo exposed or kept for sale therein, nor (d) to send or deliver to any person residing therein or to any pluce situate therein any package containing liquor unlcsß such package bears distinctly written or printed on tho outside thereof a statement that it contains liquor. (8.) Any constable, Customs officer, or any person appointed for the purpose by the Government, may detain and in Lho presence of at least two witnesses examine the contents of any package in respect whereof a violation of this provision is reasonably suspected by him. (4.) Every person who commits a broach of any of the provisions of this section shall bo liable for a first oflenco to a fine not exceeding fifty pounds, and for a second to imprisonment for any term not exceeding three months, and for any subsequent offence to imprisonment lor any temu not exceeding twelve months. (5.) tn any prosecution for sending or delivering liquor in breach of this section it shall lie on the accused to show that ho had reasonable ground to suspect that such liquor was intended to be sold or exposed or kept for sale within any of the said islands.

XXlX.—lmmediately on or after the passing of this Act the Collectors of Customs in ulio sialid islands ( ? may tako liquor from owners

thereof) and may pay such com-

pensation to the owners thereof as may be arranged between the] said owners on the one part and the Collectors of Customs- on the other

part, providod that tho owner of any of the aforesaid liquors may re-ex-port the same if ho objects to the

compensation ottered, and provided ulao that a Collector of Customs may refuse to take over any liquor which in his opinion is unsaleable or of inferior quality.

XXX.—(l.)i From and after tho passing of this Act it shall bo unlawful

for uiiy person, oxcept through the Kesdent Commissioner of the Cook Islands or Resident Commissioner

oi- Collectors of Customs at Niue and other islands, to import any liquor into tho said islands or to manufacture therein any liquor for sale or consumption therein, and in

any prosecution for a breach of this section it sliall lie on the accused to prove that any such liquor manufactured in the said islands was not imported into or was not for sale or consumption as the case may be in breach of this section. (2.) All Mquor imported into" the said islands on or after tiie lirst day of January, 1905, in breach of this section sliall be stored at the expense of the importers who shall forthwith cause the same to be landed and placed in tho King's bond, there to be stored at the expense of the importers, who shall forthwith cause such of the liquor as is not retained by the Collector of Customs, to be exported from the said islands.

(3.,) No liquor shall be landed in tho said islands on or after the lirst (day of January next, unless consigned to tho Collector of Customs or other Government oilicor duly authorised in that behalf to receive tine same, and if any such liquor is so landed it shioli bo forfeited to his Majesty.

(1.) livery person who commits an offence against any of tho provisions of this section is liable for a iirst offence to u fine not exceeding one hundred pounds or to imprisonment with or without hard labour for any term not exceeding three months,; and for the second' or any subsequent offence to imprisonment with or without hard labour for any term. not less than three months and not

exceeding six months. XXXI.—(I.) From and after the fisst day of January, J905, liquor shall be sold ami supplied in the said islands for use in (he arts and manufactures or for medicinal, scientific, anil household purposes, but not for any other use or purpose, by such olliceis of his Majesty's Customs as nuiy Ixi spociaUy appointed by the Governor for that purpose.

{'2.) Hue. 1 ! liquor shall bo sold only in bottles or oilier receptacles duly doswi and sealed in such manner that the liquor cannot bo extracted therefrom without breaking such seal, and every such bottle or receptacle shall have thereon a label sitting forth tho kind, Quality, and price of the liquor contained therein, provided that in the case of colonial wines or claret the Collector of Customs may sell not less than one nor more than six botrties to any person at any one time. (3.) All such sales sihall be recorded, (<l.) No claret or colonial wines fi'iall be sold t<y any Polynesian ol Asiatic. XXXII.-(l-) No liquor B haU lie sold to any Native or Asiatic in the said islands except on the written authority of the Kesident Commissioner, Itesidont Medical Officer, Collector of Customs, or other officer specially appointed for tho purpose.

(2.) For the purposes of this Act all Asiatics resident in tho said islands shall be deemed to We native inhabitants of tho said islands,

XXXIII.—(I.) Every person who manufactures the liguors known as "bush boor " and "orange beer" or in any way aids or allots the manufacture or drinking of the same is l.aijle to a line not exceeding five pounds. (2.) Every person who distil* 0 r manufactures any intoxicating' liquor other Miun bush boor or orongo , beer or who aids or abets the dis--1 tillation or manufacture thereof is I liable to u line not exceeding one bundled pounds and not lest) than live pounds. XXXlV.—livery, person who evades or utiemplH to evade any of the provisions of tills Act relating to the said islands or any regulations mode thereunder for which no penalty is specially provided therein is liar bio lor ouch such offence to a tine not exceeding twenty pounds or in default to six months' imprisonment. XXXV.—AII olfcnces against any provision of this Act relating to the said islands committed by persons living in the said islands, shall bo heard in tine High Court of the Cook Islands, or otiier properly constituted iivg a i tribunals within the sax! islands, and all offences committed by persons living without Uie said inlands slut)) be determined by any court of competent jurisdiction.

XXXVI.-The High Court of the Cook Islands, and the Federal or Island Councils, including the Nlue Island Council, may respectively issue prohibition orders against any person on good cause being shown and the provisions of the principal Act relating to prohibition orders and prohibited persons shall mutatis mutandis extend and apply to prohibition orders and prohibited persons under this section.

XXXVII,—The Governor may make regulations and do all things nccessmy to secure the proper administration of sections twenty-seven to thirty-five of this Act. All such ' regulations shall be gazetted in tfce Cook Islands Gazette, and shall have the force of law, and any broach thereof shall be punishable under this Act. MISCELLANEOUS AMENDMENTS OP THE LICENSING -LAW. . XXXVIII.-Witfc respect to the Licensing committee of each district the following provisions shall apply : A.—(l.) If the number of elective members of any committee duly elected is less Mian the number required to bo elected the Oovernor-in-Council' may appoint such number of lit persons resident In the district' as will complete the required number ; (2) section twenty-five of' the Amendment Act of 1895 is hereby repealed. U.—(l.) The electlvo members o( the licensing committee for each licensing district shall be elected on the second Monday in March, 1906, and on tho same day every third

year thereafter, and it shall be ths duty of tho returning officer to give public notice of the day for the election not later than the third Monday in February next before every such election ; (U) sub-section one of section nineteen of the Amendment Act of 1895 is hereby repealed. C—(l.) The chairmen shall appoint the place for each quarterly meeting of the committee ; (2) subsection six of section seven of the Amendment Act of 1893 shall ' read accordingly. D.— Section twenty of the Amendment Act of 189S is hereby amended by the addition of tie following words : " provided, that it shall not' bo necessary for the chairi man and tho two members actually present together at one time. and place for the purpose of jointly exercising any such powers." XXXlX.—Where a license has lapsed or is refused renewal the original number of licenses in the district or any number short thereof shall not be mode up by the granting of a new license anywhere beyond the boundary of a borough if undivided or beyond a ward if divided into wards or the riding of a county as the case may be within which the licensed premises wore situated, provided that in no cose shall any license that has lapsed or been, refused renewal be granted as a new license in any borough in respect of, premises situate more than half a uu'le from the original licensed planuses and in any county, more tdran one mile from such premises. XL.—Every applicant for a publican's, New ; Zealand wine, or accommodation license, or for the transfer thereof, shall with his «P} plication' deliver to the clerk of the licensing committee testimonials as to his character and suitability and such testimonials shall forthwith * bo forwarded by the clerk to tte inspector who shall report thereon to the chairman of the committee, provided that this section shall not apply in the case of any applicant whoso name is already on register of licenses as the holder of a license.

X U.—Except as regards offence* against sections 127., 147, and 148 of tho principal Act the following provisions shall Apply with respect 10 tho recording 1 or endorsing ot convictions on license*, anything in the Licensing Acts to the contrary notwithstanding : (a) In every case where under the Licensing Acts it If directed that a conviction shall be recorded or endorsed on a license tho convicting court will have discretion to record or endorse or not to record, or endorse the conviction as the court thinks fit; (b) Every record or endorsement made before the passing of this Act on any license shall lapse and be deemed to be cancelled if at the expiration ol twelve month* from the date the conviction is recorded or endorsed another conviction has not been recorded or endorsed an the license ; (c) Seutton twenty-two of the Amendment Act of 1893 is hereby repealed.

XLII.-(1.) The register of licensei required by the principal Act to be kept in toe prescribed form shall be in tw» parts, as follows : l'art I. shall be a register of licensed. IHTscms, and shall contain particulars of the names of the persons to whom licenses are granted, and the> premises in respect of which each license is granted ; Part 11. shall be a register of licensed premises and shall contain pnrticulars of premise* in resjiect of which licenses are grained, tho names of • tho owners of the premises, and the names of the iiersons for tho time being holding each license;

(2.) The register to too kept voder this section sihall in the first instance be compiled from the register kept under live'principal Act, and shall contain a record of all convictions recorded in such register that have not lapsed, pursuant to the last preceding section.

XLiU.-Hl.) Where a roiord of any conviction is endorsed 01, a license a corresponding record aifainst tine olYcnder shall bo made in Part I. o/ tlio register, and where a record of throe convictions within three years !is made against the same person the license shall be cancelled and ho shall lie disqualified from holding a license for a period of five years from tho date of tho third of such endorsements. (2.) Where such record or endorsement is in rospect of any offence mentioned in sections 146, 147, 149, or 102 of tho principal Act or in sub-section "17 of this Act a corresponding record aßWiut the premises in which the offence was committed shall also bo mado in Part 11. of the register. Whore ft record of three convictions within three years is made in the register against the same premises, whether under the same licensee or not, the license in resist of such premises Khali be forfeited unless the committee on the application of the owner otherwise determine, and no license shall thereafter be grantod in respect thereof for a iicriod of two years from the date, of tho third endorsement.

XLlV.—Where two 0 r more records: of conviction havo been made in Part 11. of the register of licenses against any licensed premises and another such record would disqualify the premises under the last preceding. section from receiving « license, the-.

licensee if a tcn|lnt s * all bc dcem «l . to haw lease, aiud tie * licensing committee ruay on the application of the immediate landlord cancel the license and authorise any person ftppi"o vod by the committee to carry on . the business of such premise* until the end of the period for the license w«s granted in tine Fume manner as if the license had flaon transferred to such person. XLV,-(1.) Where an application for the renewal of a Ucease has been duly made and is mot disposed of by On committee on or before tlie day of the expiry of the license by effluxion of tame .the license shall he deemed to Ibo extended until the application is finally disposed of. (2.) During the period of extension the licensee shall pay monthly in advance the proportion of the annual license fee-for- each-month during the part of which liquor is: sold in premixes in respect of which application for renewal is made. (3.) If the application is ultimately granted the renewal shall be f o r .the period ending June 30th following- the date on which it is granted. (4.) This section, is in substitution « tor ...section 23 of the Amendment Act, X 895, which is hereby repealed. XLVI.—Sub-section five of s°ction 22 of the Amendment Act, 1895, is hereby amended by lepealing the t Words "arriving from" and sutoti- ' tuting 1,, lieu thereof the wonds "or at the end of" and adding after the words "ten pounds" the words "and

not less than one pound'.''' XLVH.—(I.) A wholesale license Shall authorise the licensee to sell Or deliver liquor at one place only, to ibe specified in the license, in -qluantities of. not., lew than tw 0 gallons of the same description of' liquor to be delivered at any one time ; suoh liquor is not to -be consumed in or upon .the licensee's bouse or premisejji provided tdmt nothing herein shall prevent the holder of a wholeBale license selling or delivering lifluor from a bonded warehouse. (2.) For the purposes of this section spirits, wines, and bfeer shall be deemed to be different descriptions of "lioju-or one from another. (3.) Section 35 of the principal Act is hereby repealed. XLvtll.— (1.) Every licensee who •uppHes or allows to be supplied in his licensed' premises, by purchase or ' ptjherwisß, to be consumed on the premises any spirits, wine, ale, beer, or porter to any person apparently under the age of 18 years, not being resident on the premises or the guest Of a' lodger, or traveller, is liable for each offence to a fine not exceeding ten pounds, and the license may be endorsed. (2.) Every person who by falsely representing himself or herself as being of the age of 18 years or uplands obtains- for consumption on the premises any spirits, wine, ale, beer, or -porter is liable lo a fine not exceeding ten pounds. (3.) Section 106 of *he principal Act is' repealed.. XIIX.-7-Every person who sends a

child;under the age of 18 years for liquor is liable to a fine not exceeding, ten pounds.

117-I. Any person found on premises at airy time when such premises are required hy the licensing Acts to be closed is liable to a fine not exceeding two pounds: unless he satisfies the'i Court that he was an inmate, servant, or. lodger on the promises, a bona fide traveller or that otherwise his presence on such premises Was not in oroaeh of the provisions of the Licensing Acts in respect of the dosing; of licensed premises. (2.). Any constable may demand the name and address of any person so found, end if he has reasonable ground to suppose the name and address false may require evidence of the correctness thereof, and if such person fails ujion such demand to give his name and address or such evidence the constable shall caution him and if he stall persists in such failure may apprehend him without .warrant and take him before a ;usiice who, if such person give his correct name and address, may order Jijm Jk> foe released on bail.

j (3ppAny person reared under this 'section to give his name and address, and who fails to ,give the same hut gives a false name and address, or gives false evidence in respect of such name and address, is liable to a/ -fine hot exceeding five pounds. '14.—(1.) In any proceedings under the, Licensing Acts against a licensee for selling lfqfuor to a prohibited person it shall be a sufficient defence if the defendant satisfies the court that he or, as the case may tit, his agent actually selling liquor .. had no reasonable opportunity of knowing and did not know that tlie person to whom the liquor .♦as- sold was a prohibited person. (2.) Section thirteen of the Amendment Act, 1893, is hereby amended is follows: (a> By repealing tno words " licensed . person within •ay district in which such prohibition order is in force," and substituin lieu thereof toe words "per-son.-whomsoever," and also (b) by adding at the end of the section the words "and the fact of such person drinking liquor or having it in his possession shall be sufficient evidence of his having procured it in breach ef this section." '

', LQ»—Every licensee who permits or, connives at gambling or theplaytag|Of an unlawful game on bis licensed premises is liable to a fine not exceeding ten pounds. LlU.—Where in any licensed premises any person other than the licensee supplies liquor to (a) any person who is already drunk, or (b) any person in breach of section for-ty-seven hereof, or (c) any child in 'bCMCh of sutomection eight of section twelve of the Alcoholic liquors Sale Control Act, 1803, or (d) any proJnbited person, he shall be liable to a fine not exceeding ten pounds irjeapective of any liability that may attach,to the licensee i«i respect of •fMa same offence. U.V.—Every person, whether a licensed person or not, who supplies liquor to any Maori for consumption off the premises is liable to a fine not exceedingi fifty pounds. ; LV.—For the purposes of section 119 of the principal Act relating to 191 of the principal Act relating to time to time declare any ingredient or material to fce injurious to health and in such cases any liquor with which such ingiedient 0 r material is mixed shay be deemed to be adulterated.

LVI.—AII prosecutions for breach of kny of the provisions of the Litensing Acts shall bo commenced within one month after the date of the breach, and not later.

liVH.—(l.) It shall not be lawful for .the owner or landlord' of any licensed premises to demand or rtcaive any fine, payment, bonus, premium, or consideration for his consent to any assignment, sub-lease, or trnnsfer o* licensed premises or license by the licensee.

: (2.) In any case where any such fine, payment, bonus, premium, or consideration has been paid after the commencement of this Act then any moneys so paid may fee recovered as ja debt from the person, receiving the mux» by the person paying the

owner or landlord shall Bof* refuse his consent as aforesaid to any consignment, sub-lease, or transfer as aforesaid to any person who satisfies the chairman of the licensing committee of has fitness to hold a publican's license, anything' to the contrary in any lease, deed, or document notwithstanding. i,VHI.—In order to prevent evasion or avoidance of the provisions of action thirty-five of t'he Amendment Act, 1895, relating to tied houses, it is hereby declared that in evSry case where after the passing of 4his Act rent is reserved under a lleasc for premises licensed or to be licensed and the lessor in any way

arranges or agrees to a rebate of *he same or refund thereof in consid■tiration of the lessee purchasing any Sijjuor or goods exclusively from the lessor or some person named by the lessor, then the covenant or agreement to pay rent shall to the extent of Aich abatement or refund be deemed to be a covenant or agreement Within the meaning of sub-section five jjf section thirty-five of the Amendment Act, 1895, Md the instrument of the lease shall be specified as -provided in the sub-section. (1.) Every club now 0 r hereafter jj holding a charter under sec|onga29 of the principal Act shall - '

so far as the sale of liquor i 8 concerned be closed during the same hours and sh a ll | je subject to the Provisions of the Licensing Acts reating to gambling and playing unaw ul games i n the same manner tt s it the club were licensed premises, the club charter a publican's license and thei secretary „f the club a licensee. y.) hov every such club there shall at all times be tt secrL . tal . y , Wiho , name shal from time to time be | notin-d by the committee of the I club to the Colonial Secretary. (3.) Where any such club is situate in a licensing district in which lor the time being no licenses exist, whether as a result of a licensing poll under this Act or the Amendment Act, 1893, the charter of the club shall be suspended for so long as the result of suc h pol i continues. (4.* The Colonial Secretary may at any time cancel the charter of any club, being satisfied that (a) der fault is made in compliance with subsection two of this section, or (b) Hquor is sold in the club during prohibited hours, or (c) gambling and playing unlawful games is permitted, or (d) any breach is permitted of the rules and conditions on which the charter is granted. LX.—The licensing committee may from time to time by certificate authorise a licensee to wholly or partially close his licensed premises or suspend his business as licensee during any specified period of the year. LXL—Tne Governor may from time to time by Order-in-Council gazette and make j regulations (a) for the guidance "of returning officers, deputy returning officers, poll clerks, and scrutineers respecting the conduct of licensing polls or any poll under this Act, and a CO Py of all such regulations in force is to be supplied free of chargo to all such persons engaged at any such poll, (b) prescribing forms and whatever else he thinks necessary in oiider to (jive effect to this Act. LXll.—The Licensing Acts are here by modified in-so-far as they are in conflict with this Act. SCHEDULES. —First Schedule.—

(1.) Voting paper o n the issue whether licenses toe granted in a licensing district:

I vote that licenses be granted in the district.

I vote that no licenses be granted in the district.

(2.) Declaration of the licensing poll In a licensing district : In pursuance of the licensing Acts Amendment Act, 1904, I hereby give public notice of the number of valid votes, recorded— That licenses continue in the district That no licenses be granted in the district The total number of valid votes recorded at the poll was The total number of informal and void votes was —Second Schedule (1.) Voting paper on the issue as to possession of liquor in a no-li-Hcense district (set out section ten in full) : I vote that in the event of noMcense being carried in the district liquor be allowed in tile district. 1 vote that no liquor be allowed in the district. —Fourth Schedule.— . (1.) Voting paper on the issue as to State control. I vote that the sale of all alcohol.c liquor be under State control.

I vote not under State control, control.

—Fifth Schedule.— This schedule gives the bounds nes of the King Country.