LEGAL VAGARIES.
In our last issue we pointed out some of the inconsistences of the new Licensing Act, but we cannot refrain from making one or two further remarks. The 167 th Clause — as we pointed'out — gave power to the Justices presiding to not only "rob a poor man of his beer," but left any publican subject <o a heavy penalty who supplied the " Boycotted " man. The effect of the Clause, therefore, was that he could obtain no liquor for one year. The following Clause says: — "The said Justices, or any two of them, shall m like manner, from year to year, renew any such ' prohibition as aforesaid aa to all such persons as have not. m their opinion, reformed within the year." There would appear to be something misty m the above. As he is most effectually debarred from setting drink for a year, how can the judicial Solons tell whether he has reformed or not? or that the moment tie eraba'go has been removed, he will not return to his old ways ae;ain. Is their perspicacity of such a calibre that they can plumb bis innermost mind, and tall wheihpr the stoppage of his beer has had a beneficial effect or not ? Then, ngain, will they send photographs of the "Boycotted" to every puhlicau m the Coirmy, or else how »re they to know whom not to serve? The whole A ct is a farce, and the only one good point we see m it, is that it inflicts a heavy p»nalty for the acceptance by publicans of sums of money, the amountof which is afterwards taken out m drink. That clause effectually prevents " the lambing down " process, puts a stronsx screw upon the low shanty-keeper, and does not effect the respectable hotel-keeper. While it binds the licensee up m bonds of iron m some ways, it places m his hands a most vn warrant ible power, for tho 152 nd Clause nays : ~— Acjr innkeeper may refuse to admit to, arm' may tnrv onf oF. the premisfls m t:'st'flot of which his K<'ome i* irrsnfert, any person w'i i i^ or who is vJol-T. qna n> r>!s nic\ or .Msorrk'v'v. wlictivr drunken o>' not itiitniv jvrsnn « tins 1 i-re fur-* on his tvfcmi -•'•.- wonlrl subj-it Ivm to a penalty a'i'i lie tnav vefnao to sevve any suo!i person w}:h linuor if only w* a piles' f r lvnnining on 'he promi^f--. fT!i ( . foflowi;,!? ff^Hjs,, arjvps power to tho P.cnfh t-> mfli.^ H fi no ' ,- o t cxc edin? £5 upo" tho !i?ir?^ii". T-he italics are ours, but we hi ye inserted them m order to show how easily a publican ro disposed could vfut^ a private spleen. While we consider the Act presses unnecessirily liafsh upon him, wd. sympatliiso with hitn,in mnnv tbiusfp, we consider that m that particularrsspeethe is a] ready sufficiently protected: as if a man be noisy, abusive, or quarrelsome, Jic, can put b.itn out, and the law will endorse the action. The whole Act, however — to use the words of the celebrated Lord Denn\7tf when referring to another measure " T* a mockery, a delusion, and a snare," and will not remain on the Statute book another seasion.
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Manawatu Times, Volume V, Issue 173, 12 November 1881, Page 2
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533LEGAL VAGARIES. Manawatu Times, Volume V, Issue 173, 12 November 1881, Page 2
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