West Coast Times. SATURDAY, FEBRUARY 17,1860.

West Coast Times, Issue 131, 17 February 1866, Page 2

West Coast Times.

SATURDAY, FEBRUARY 17, 1860.

The Public House Ordinance, passed during the last session of the Provincial Council, and assente I to by His Honor the Superintendent on tho* 26th of Inst month, effects so many important changes in the licensing law of the province, that it will bo useful to many to have its provisions explained. They affect not only the interests of the kee. ers of licensed houses here, but tho interests of the public at largd We shall not go through the clauses "of the Ordinance seriatim, but in general terms describe thoir operation. Tho licenses at present held are to remain in full force until the end of the term for which thoy havo been granted, but all offences committed ' after tho commencement of the new Ordinance are to be heard and punished under its provisions.

The licenses to be issued are for the uture to consist of four classses : —

Ist. Hotol licenses, the holders of which will be required to provide a houso containing a bar, a bar parlor, a dining room, two private sitting rooms, a>id at least ten suitable bedrooms for the use of the public, with necessary closets and stabling - the rooms to be conveniently furnished to th 6 satisfaction of the Inspector of Police ; the hotel licenes fee to be L3O. 2. General Licenses, for which also a sum of L3O will be charged "on tho. Westland side of the Dividing Range," the holder of which will be required to provide for the public accommodation a convenient bar and at least one bar parlor. 3. Conditional Licenses, authorising the holder to sell spirituous and fermented liquors, subject to such conditions as to fee, (not, however, exceeding £lfl,) &c, as may be inserted in the body of the instrument by the Licensing Bench. 4. Wine and Beer Licenses, for the sale of wine and beer to be drunk on the premises, but only by persons taking refreshments — one convenient room to be set apart for females, and no taproom or bar to bo kept j license foe under this class, LlO. All licenses are to terminate on the 30th June next following the date of issue, whether granted at the Annual Meeting or at any subsequent Quarterly Meeting. No conditional license is tobe issued for any house that is at a less distance than fiyp miles from my other licensed house

Magistrates to bo for public convenience. A license, howqver, of this class may bo issued, for any Refreshment Houso attached to a Railway Station, and used exclusively for tho accommodation of travellers or intended travellers.

We como now to tho mode in which Licences may bo obtained, fc Thirty days beforo any Licensing Meeting, the applicant must cause to bo delivered to the Resident Magistrate of the Court nearest the house, an application in writing according to a form scheduled, signed by himself, and by at least ten respectable householdes resident in the neighborhood. Within seven days the Magistrate must causo a list of all applications received to be affixed to the door of the Court-house or Policeoffice of the district* for public information, aud must transmit a copy of the list to the Ro«ident Magistrate at Christchurch, who shall causo its publication in tho " Gazette" and in two of tho newspapers of tho Province, together with a notice .of tho thno and place of meeting at wr ieh the applications shall bo heard and determined.

Tho Annual Licensing Meeting is to be held in tho Court House of the district on tho first Tuesday in May, and Quarterly Meetings on the first Tuesday in September, December, and March, three justices forming a quorum, and the senior justice on the Commission of the Peace being tho President. Any meeting may bo adjourned after being duly constituted. In tho absence of 11 quorum, the Resident Magistraeo must signify the samo to the Superintendent, who may then with the consent of the Executive exciciso all the functions of the Licensing Bench. On tho application being heard the applicant must satisfy the majority of the justices that he can fulfil tho requirements of the class of license applied for. Failing to do so, his application may be legally refused. No Justice of the Peaco being a brewer, mnlster, distillor, or dealer in wines, spirits, or beer, or otherwiso interested in any houso in question, is competent to act at a Licensing Meeting under a penalty of LIOO. In the caso of applications for renewal, the justices at their discretion may postpone the application to an adjourned meeting ; giving the applicant fourteen days clear notice of tho time and place of hearing, and stating tho nature of thte objections felt. And it shall be thon allowed to the applicant, if ho please, to substitute tho namo of somo other person for his own in the form of application.

The customary regulations aro enacted for tho payment of the license fco to the nearest sub-treasurer, for the issuo of the license &c. Licenses aro to be forfeited which are not taken out beforo the Ist day of July. The Superintendent may. however, on reference to him, and with the consont of his Executive Council, within thirty clays direct tho license to bo issued on payment of an additional fee of not loss than LlO. In the case of licenses granted at Quarterly Meetings, they aro to be forfeited absolutely if not taken out within fourteen clear clays from the day on which they aro "-ranted.

The following penalties may be enforced under tho Ordinance: — For selling retail without a liceuso £50; for hawking or exposing for sale in. unlicensed premises, forfeiture of the goods by order of two justices on information. Goods seized to be sold, and qne-half the proceeds to bo given to the informer. For selling liquors or permitting them to be sold on the promises during any hour on Sundays, Christmas Day, or Good Friday, or on any other days botween tho hours of cloven at night and six in the morning, twenty-five pounds. Exception is made in the case of bona fide travellers not having any residence within throe miles, and of lodgers sleeping in the houso. No outer or street door loading to ihe bar however is to be allowed to be opened within the prohibited hours. Special permission may be granted on application, by two Justices of the Peace, for houses to bo kept open after hours on occasions of festivity, and for business to be conducted by holders of licenses in booths on public occasions, &c. For failure to have the name of tho licensee and the nature of his license painted in a conspicuous part of the front of the House in letters not less than three inches in length, Twenty shillings : for permitting- gambling of any kind to be carried on, Twenty pounds^; for supplying liquor to intoxicated persons, Tun Pounds ; for allowing wages to be paid on the premises, except those of the servants of the House, Ten pounds ; for neglecting to keep a large lamp burning at n,ight Twenty shillings.

Upon proof given to the satisfaction of three Justices of the Peace upon the testimony of three credible witnesses, that any licensed house is conducted in a diaoyderly manner or that frequent cases of intoxication occur there, that gambling is allowed, or thatliquor is sold in it contrary to the provisions of the Ordinance ; they may in addition to inflicting the penalties incurred for the offence, suspend tho license for any period not exceeding thirty days, causing a notice of such suspension to bo nflixod on the door of the 1 ouse, and to be published in the nearest newspaper. In case of complaint made by a constable the Chief Officer of Police is to forward it to the licensee within twentyfour hours of the complaint, and then lay an information before a Justice of the Peace. Auy person, on the other hand, convicted of drunkenness or riotous behaviour in a licensed house, and of refusing to quit it, may bo fined and imprisoned in default. In the event of a third conviction, within six months a fine of five pounds and imprisonment with hard labor for a term not exceed.* ing feurtwn &y», nn» thf j»f-»t4tf ■ ,

Any constable, may enter any licensed house on inform-: tion of any breach of the ordinance ; and tho chief officer of police other than the Commissioner of the district, may enter any hotel between C a.m. and 1 1 p.m. to ascertain if the accommodation is in accordance with the condition of the license, and suoli oflicer is required to report to the Jusliee of the Peace every three months or at the quarterly meeting, the result of his inspection. ,

Of course many of these Regulations are a mere transcript, and others a slight modification of the provisions of the -Ordinance of 1803, now formerly repealed. But the innovations made in the existing licensing system are of considerable impoituuco, and upon the whole will operate in a restrictive sense upon the business of the publican. In Westlaml tho distinction botween the hotel license and tho general* license will not exist, the fee for both being tho same, viz., $30. The inducement, which it was no doubt the intention of the act to offer for tho establishment of a higher class of house for tho public accommodation, will not operate- hero. It may bo assumed that the majority of tho licenses taken out will be those under the second head, viz., General Licenses, tho conditions in which are much less stringent than in the case of Hotels. It will bo Seen that all Sunday traffic in liquors of any denomination is under this ordinance striotly prohibited. No dinner beer will bo allowed to' be served over the bar during any hour of tho day. From eleven o'clock on Saturday night until six o'clock on Monday morning tho public house will be hermetically sealed; nor is any license to bo granted in any instance, except by special permission on a festive occasion, to serve or allow to be drunk, a glass of alo after eleven o'clock lit night. Tho penalties are severe, extending, in addition to fines, to an uefcual suspension of tho license for a timo not exceeding a month, for any breach of the provisions of the Ordinance. Except an absolutely prohibitory law, wo believo a more stringent measure was never enacted. We fear it will givo the police plenty of work to do, and cannot but express the opinion that in a community liko that of Wostland, an enactment so restrictive in its character is more likely to operate mischievously than beneficially. It is cer tainly not called for by any drunken ov disorderly tendencies displayed by the population ; and it is to be hoped it will not havo the effect of creating and stimulating the evils it is intended to cure.

Wo havo much pleasure in introducing to tho publio a young lady bearing excellent references, named Miss Willoughby, who has lately arrived from Chrislclmrch, and opened a school in Wold-stropt, where tho youth of both soxos nro instructed in tho dill'eront branches of an English education. We are glad to soo suoh establishments kocping puce with the requirements of tho town, and wish Miss Willoughby ovory success. • Wo arc informed that Captain Hodgo, late commander of tho Star of the South, has made application for the appointment of pilot to this port. That pilots are required all must confess, and we do not think a better selection could bo made than tho above gentleman as ono of them, for having always, save on one ocension, piloted his own vessel in and out of tho river, he ought to bo pretty well versed in its naviga<ion. Wo hope Captain Hodge will succeed in his .application , (

Wo havo received, tho following publications, whioh wo shall notieo in our next issuo : — From tho Commissioners of tho Intercolonial . Exhibition, Molbourne, " Tho Australasian Colonies in tho International Exhibition, London, 1862," compiled by J. G. Knight, F.R.J.B.A. ; from tho publishers, " Twonty-flvo Years' Exporionco in Now Zealand and the Chatham Islus," an autobiography, by Frederick Hunt 5 "Tho Southern Provinces Almanack for I860"'; "Tho Hook of Hymns, Auckland" ; from tho secretary, "Tho Fourth Annual Report of tho Acclimatisation Souiety of Victoria." Amongst tho most conspicuous of the shop improvements which are progressing in many parts of the town, tho now establishment of Me.-ms Alcorn and Co., drapers, of RovolN sticet, deserves special notice. Tho propricorg intimuto by advertisement that it will bo opened to customers this day.

Tho spring-tido of yesterday was one of tho highest we have over scon in Hokitika, and, for a wonder, was accompanied by a remarkably smooth bar and light breeze. Taking advantage of so favorable a stato of things, some of our heavior bottoms towed to sea astern -of tho Lioness, that lino three-m.islod sohooner, the Mnrjn, being ono of thoso to tako her departure Sho sailed under tho command of Captain Robertson, late one of tho marine surveyors of the port, and is owned by Messrs Hall and Finlay, who bought her as a wrook on the spit, launched her into the river, fitted her for sen, and sont her away ia bnllust to Melbourne a tight, sea- worthy craft, woll fouud in every respect Wo trust tho speculation will prove a, successful one to her Qwnors,

We aro informed by tho Sydney Morning JJerald, of the 3rd inst , that it ia reported there is great distress and privation at Lambing Flat, tho comparative exhaus ion of that goldlleld and the pwvalonco of the drought being tho causes assignee 1 .

Tho Dunstan correspondent, of tho Otago Daily Times states, that a now rush had aot in to the head of Monroe's Flat, and was likely to turn out well, the gold obtained being muoh coarser than that usually found in tho district. Tho sinking is only six feet in depth, with a depth of fiom twelve to eighteen inches of washdirt.

A teleginpbic message was yestordny received at tho Camp to tbo effect thai Mr Sale purposed leaving Christohuioh to-day for Holutika. It was not known whether Mr Iloolifort would accompany him.

Tho Oeelutig Advertiser has the following — ' On Sunday an operation for tho removal of tho tongue was performed in tho Goelong Hospital, on a man iiamod Kroulc. Tho disease was of old Rfanding, and ralhor oxtonsivo, and it was found nooossary to divide tho lower jawbone in order to ell'ootunlly romovo tho diseased structures. Tho tongue was almost entirely removed, and tho caso promises well. Drs. Shaw, "Wulshe, and Scott (of Eokewood), were prosont, and assisted at tho operation," The Argus is informod that three Roman Oatholio Bishops, with their ohaplains, are expected to arrive in Molbourne by tho Great Britain—Eight Eor. Dr. Murphy, Bishop of Tasmania i Right Rev. Dr. Quinn, Bishop of Bothurst 5 Right Rev. Dr. Murray, Bishop of Maitland. It is expected that the bulls for the consooration of tljp Right Roy. Dr, Shiol, tho oloot of Adelaide, will bp brought out by

Although mining in Otago is in a languishing state, tho majority of tho up-country districti not having rooovoi-od from tho lato sovoro floods with which nearly ovory part of tho Proviiicft was visited, thoro aro still some' oxtonsivo works being prosecuted on tho older Holds, Of which l'uapekn, onco, co deservedly celebrated, and whioh even yot yiolds mostprolifically, stands pro-ominont. From tho Tuapeka Recorder wo oxtract tho substance of an nrticlo upon mining affairs gonorally.ui that district. That papor states that tho old Bluo Spur is being slowly but suroly romoved, heavy blasting operations being tho ordor of tho day. In Hales' claim a chargo of three hundred weight of powdor deposited in tho. ond of a tunnel 185 feet from tho Burfaco, had boon exploded, bringing down sufficient dirt to keep tho sluico boxes going for" six wcoks and leaving a faooupon tho work 70 feot high by 130 feot broad. As soon a 8 this mass of debris is cleared away, another tunnol will bo driven into tho face, and a muoh heavier ohargo oxplodod. In tho claim of tho Jfolson Company a four months' run of stuff was brought down by 0110 blast. This party work night and day, and have constructed a dam in tho ranges suffioiently largo te contain two days' run of water. A tunnol is to bo driven into tho hill, In Strong's No 1 claim, fifty feot from tho face, and from the end of this ono two cross drives will bo taken, tho ends of which will bo forty feet apart. Thirty hundred-weight of powder will be used in charging theso chambers, which are situated one hundred feot from the surface It is oxpeced that in about two months' time this chargo will be rondy for firing. So much dirt has been washed by the parly in claim No 4, that tho tailings overtop tho loofs of tho houses in the lower township, and they havo Btill- two months' washing before them. The last fortnightly return from tho Waipori Quartz Crushing Company amounted to ninety ounces. At Canada Rush, quartz-crushing muohinory is being ereoted to be driven by water power. On tho west side of the river, the reef has boon struck, two feet from the surface. As it is followed down, it is found to inoron.se considerably in width. Searohing for the main bottom on Wetherstono's Flat has not been attended by success, for at a depth of twelve feet tho water proved so troublesome as to compol an abandonment of tho Undertaking for the present until timber can be provided for slabbing purposes. Tho river Molyneux has been much flooded of late, and still keops vory high. On the day that tho article from which wo arc extracting was written, it was 14 feet above its ordinary summer level, but was falling at tho rate of nine inches in twenty-four hours. Woi-k had almost entirely censed at the Teviot, owing to the high state of tho river } and from the same causo, dredging operations wore entirely suspended. Tho whole of the \jator in the Hokitika river, a considerable part of whioh at present finds its way to the sea through the channel southwards of the island, will soon bo confined to that one running past tho town, and thus the fears en tortained that the shipping some morning would be found lying dry, if rot high, on this side will be removed. The inclination of the river te return to its old channel was first remarked by one of the survey department, and jnUsures were at onco adopted to restrain it, tenders being called, and one finally accepted, for the construction of a dam across thai arm . Since then tho work has been steadily pushod forward by the contractor, Mr Edgar, and is now so far advanced that it is expected, should no floods intervene, all tho piles will be driven by tho ond of noxt wcok. Of theso thero aro flvo rows two foot distant from each other, and vandykod, each row consisting of piles drivon.in pairs, soventeon feet apart, tho spaco botween boi"g filled up with fascines, logs, and gravel. Tho top 3of the front row will bo about oight foot out of water at high lido, .whilst thoso of tho back ono will bo cut off lovel with tho •urfaco, MlO intermediate Ibreo rows gradual ing in height, thus forming a gontle slopo from top to bottom. The piles aro driven from six to eight feet into tho river bed — a sufficient depth, as thoro is but little danger of its "scouring," when tho water is once fairly backed up. Tho front of tho dam will bo filled in with brush wood and gravol, and Blopod oft* in tho sanio mannor as tho back, a good pathway boiug loft on top of it. When fiiiisliod, this diini will bo a massive piece of work, and should successfully resist the heaviest floods that roll down tho river. At firflt quite a lako will bo formed in front of it, but wo imagino a largo sand bank will soon bo doposited thoro by the eddy, when tho river is floodod,and all signs thatachanuelonco oxisted bo obliterated savo by tho toll-tale appoaranco of tho barron waste of drift whioh oxtonds botweon tho wooded shores of tho island and main land. Although its orratio courso will thus bo checked, and tho river compelled to run with greater ciroumspection botweon its banks, wo aro afraid much difficulty will bo oxporioncecl in provontingitsonoroaohments upon tho North Bank, oxtonding from tho Custom If ou9o upwards to the Town Bolt. A largo slico of tho two chains lately oloarod by Government has already boon wnshocl away by tho insatiable stream, and unless somo moasuros aro adopted to check its inroads, thoro will bo a sooond edition of CHbson's Quay, west. In tho present state of tho Proviuoial Troasury, tho extension of tho wharf that distance is not to bo thought of, but lateral dams might bo run out at a small oxponso, which would cause tho stroam to dofloot moro to tho south, and thus bo tho moans of saving really valuablo property. Wo supposo, however, it will bo allowed to tako its own oourso until tho evil is so much increasod as to bo irroinediablo. Wo aro givon to understand that for tho futuro thoro will bo no direot exportation of gold from tho Groy district, but instead it will bo sent by oecort to ' Hokitika and pay duty at tho Custooi Houso horo. Wo can givo no renson for this determination on tho part of the authorities, neither do wo vouch for tho trutli, pf tho statement.