The Licensing Bill, which was introduced by Mr Creighton, came up for a second reading in the General Assembly on Friday night, the 13th instant. It was after ten, and the House was not very full, although a great number of members came in during the speech of the proposer, Mr Creighton, and the seconder, Mr Clark. The Bill was favorably received. It combines almost all the features of the Auckland Act, the permissive clauses of Sir W. Lawson, in his English Bill, and a clause from the Ohio Licensing Law. Altogether it is a stringent measure. It is well understood that Mr Fox drafted the Bill. He took as the framework of the licensing portion, the provisions in the Auckland Act, which he esteems as of more value than those of any other in force in the colony. This says a great deal for the care with which our Provincial legislation is conducted. The Bill has, on the whole, been well received, and we should not be surprised if it became law during the present session. However, there arc so many contingencies ahead that one cannot well tell what may happen. The power of granting certificates for licenses is taken out of the hand of the Justices of the Peace and given to Resident Magistrates. The mover of the second reading, commenting on the Bill, said this change was necessary owing to the notorious abuse of their pow r ers by the licensing justices. We conceive that this condemnation was but a mild declaration of a not very creditable fact; and we are glad the power of granting certificates for public house licenses is likely to be taken out of the hands of the unpaid magistracy. Another provision of the Bill is this : that an applicant for a new license must bring a memorial signed by at least onethird of the adult male and female inhabitants of his district, duly attested by affidavit, in its favor ; and then the Resident Magistrate is not called upon to grant the certificate, unless he is satisfied on an examination of the police, rate collectors, and school teachers of the district, that an additional public house is wanted. Power is given to sue for any injury sustained to person or property through the act of an inebriate. This applies to all survivors of a drunkard, or to any one who has sustained loss on account of the drinking habits of any one. It is borrowed from the Ohio Act, and is a novelty in New Zealand legislation ; but we trust it may soon become part and parcel of the law of the land. Any damages under this clause are to be made a charge against the house and premises of the publican serving the liquor, and may be recovered in the ordinary way. The clauses against the sale of adulterated drink are very stringent. If articles commonly used in the adulteration of drink arc found on a publican’s premises, the law will presume that they arc there for the purposes of adulteration, and a conviction will follow. A copy of every conviction under these clauses is to be posted outside the public house door, j
The Permissive section of the Bill provides that on the requisition of twenty statute adults, male and female, entitled to vote under the Act, the Resident Magistrate of the district will direct a poll to be taken of every one
in the district who have a right to vote ; and if two-thirds shall decide on introducing the prohibitory clauses, no public house liconse can be issued for three years, when another poll, on requisition may be taken. This is a brief outline of one of the most important social measures ever introduced to the General Assembly.
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Bibliographic details
Thames Guardian and Mining Record, Volume I, Issue 15, 24 October 1871, Page 2
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628Untitled Thames Guardian and Mining Record, Volume I, Issue 15, 24 October 1871, Page 2
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