THE Manawatu Times. WEDNESDAY, NOVEMBER, 9, 1881. THE LICENSING AND GAMING ACTS, 1881.

Manawatu Times, Volume V, Issue 171, 9 November 1881, Page 2

THE Manawatu Times.

WEDNESDAY, NOVEMBER, 9, 1881. THE LICENSING AND GAMING ACTS, 1881.

"Words are thing 3, nod * drop of ink falling like dew upon a thought, prodnoes that irbicU makes thousands, perhaps Millions think. '

» ■ ■■■ We desire to draw pnblic attention to some of the provisions of tbe above roost extraordinary Acts, and to some gross instances of injustice that have been perpetrated under them. "First of all, reading the Licensing Act with the G-arae and Lotteries Acts, passed the same session, it appears tnat an ordinary game of whist, or any other game of cards, cannot now be played m a public house, although not played for money. Secondly, not only are the houses to be closed on certain feast days, and holidays, but also on the days previous ; for instance they are to be closed on the Thursday previous to G-ood Friday and soon. What for? On the same principle they should be closed on every Saturday m the day preeeeding Sunday. Then the famous 167 th clause (which is too lengthy to set out here) is snoh that nearly every person who drinks at a public house, is, at onetime or another, with m the meaning of it, and at the mercy of anyone who likes to complain tothe presiding Justices and we know there are Justices and justices, and some of them have their antipathies, beside which the clause is very arbitrary leaving no discretion. It does not enact that the Justices " may " Ao so and so, but that 'they " shall." Some gross injustices were done a day or two ago. "Without" notice," " summons," or " being heard m defence," and " m their absence," the penalties of the Clause were ordered to be enforced against certain individuals, and their names m consequence blazoned through all tV 1 press of the Colony, But we will now show the illegality of the whole thing. The 195 th section of the act provided, that all offences (with one exception) and to be determined under "the Justices of the Peace Act. 1866," and that Act providas that a summons or vrarrrant must always issue m the first instance. To say nothing of Magna Charta, providing as it does for the liberty of thn subject, there is no more clearly recognised maxim of law than that no

man shall be condemned or punished unheard. It i& also undoubted authority that •' a man cannot incur " the losa of liberty or property for " an offence by a judicial proceeding " until he has had a fair opportunity " of answering the charge against " him," and agnin " When a com. " plaint or information exhibited " before a Justice of the Peace, the " accused person has due notice " given him by summons or othbr- " wise of the accusation against him, " m order that he may have an op- " portunity of answering it." One would have thought that the presiding Magistrate, a gentleman of large and professional experience, would not have required to [ be taught this principle, and one wou id also have thought that these, cases being the first brought before him, under the Act, he would (even if the changes had been proved m due form have given the benefit, or adjourned the eases "seni die." There is something singular about the whole affair. There is another clause of the act which deserves notice. While passing the most severe enactments against the general public and publicans, our modem Jolons have been very kind to themselves, and have declared by section 229 " that nothing m this act shall apply to Clubs," of which no doubt they are "to a man" members. They can get drunk till further orders (not that they ever do) but poor Pilgarlic, " wine that maketh glad the heart of man " is not for hi», and then again new clubs are not to be formed unless under shingent provisions and with consent of the Government. The members of the Legislature having got into the Kingdom of Heaven, have shut the door against all outsiders — The Gaming and Lotteries Bill is equally monstrous m most of its provisisions. Let the public throughout New Zealand avoid electing men who support such absurdities. Be temperate m al things is a good remedial laws could easily have been enacted, without reducing the whole population to Herfdotr. It should ne a test question with every candidate will he support a modification of the»e monstrosities.