A.—6b-
Pawnbrokers. Section 17 of the Act of 1868 has been rearranged and recast (section 15 of the Consolidation Act). Section 3, (2j, of the Consolidation Act (Auctioneers) is from section 17 of " The Auctioneers Act, 1891." Section 40 of the Act of 1868 (Application of license fees) is altered to accord with the existing law (section 38 of the Consolidation Act). Pharmacy. The title of the Act has been inserted in the forms in the schedules. Poisons. Section 3 of "The Sale of Poisons Amendment Act, 1900," appears as a proviso at the end of each Part of the Second Schedule to the Consolidation Act. Police Force. Section 17 (except reference to Civil Service) is dropped as being spent. Police Offences. The term " habitual drunkard" is used in the last paragraph of section 19 of the Act of 1884. It serves no purpose in that Act, and, moreover, conflicts with the same term as used in " The Habitual Drunkards Act, 1906." We have therefore omitted it (section 29 of the Consolidation Act). Section 3 of " The Habitual Drunkards Act, 1906," provides that where, on the conviction of any person for drunkenness, he becomes an habitual drunkard, the " convicting Magistrate " may commit him to an institution. If the Legislature intended that this jurisdiction to commit should be exercised only by a Magistrate, express words to that effect should be used. Justices have jurisdiction to convict for drunkenness; and, in the absence of any express limiting words, we think that the mere expression "convicting Magistrate" is not sufficient to exclude the jurisdiction of Justices to commit to an institution. We have therefore substituted " Court" for " Magistrate " (section 35 ol the Consolidation Act). This is in accordance with the judgment in Rex v. Reid (20 N.Z. L.R. 604), a case under section 6 of " The Indictable Offences Summary Jurisdiction Amendment Act, 1900," where the same question arose and was similarly decided. In lieu of the various specified places mentioned in section 3 of " The Offensive Publications Act, 1892," we have substituted " public place " (section 43 of the Consolidation Act) as defined. Paragraph (1) of section 24 of "The Police Offences Act, 1884," is dropped as being superseded by the later provisions of "The Offensive Publications Act, 1892 " (section 43 of the Consolidation Act). The reference to the Criminal Code Act in section 2 of "The Offensive Publications Act, 1905 " (section 47 of the Consolidation Act) is omitted as the section itself is repeated in the Crimes Act. Post and Telegraph. Section 46 of " The Post Office Act, 1900," is altered to'meet the case of the Commonwealth (section 47 of the Consolidation Act). Section 121 of the Consolidation Act (Postmaster-General to be Minister of Telegraphs) is to give effect to section 4 of " The Electric Lines Act, 1884," as modified by section 2 of " The Post and Telegraph Department Act, 1894." Printers and Newspapers Registration. Section 18 of the Act of 1868 is altered to accord with the present procedure (section 16 of the Consolidation Act). In O'Connor v. Fraser (12 N.Z. L.R. 405) the Court suggested, but did not decide, that " printed" should be read before " published" in section 20 of the Act of 1868. We have not inserted it (section 19 of the Consolidation Act) as it. is a matter for the Legislature. The forms in the schedule are altered by inserting the title of the Act and maidng other formal additions. '
3—A. 6b.
17
Use your Papers Past website account to correct newspaper text.
By creating and using this account you agree to our terms of use.
Your session has expired.