(112)

at the usual time. It is desirable, however, that
there should be some regular period for the
granting of new licenses, and the renewal of
licenses already granted throughout the colony.
To meet the wants of emigrants arriving at new
settlements, it may be enacted that licenses may
be granted by any two justices for the district,
the Police Magistrate being one. In its proper
place I shall propose a clause to this effect.

Mr. Clendon—The plan of the Attorney Gen-
eral may meet the difficulty. It would be very
hard that a person arriving in any part of this
settlement in May, bringing out with him all
the necessary materials for establishing a board
and lodging house, should be obliged to wait
until the April following before he could obtain
a license.

The Colonial Treasurer—I agree with Mr.
Clendon. It is a very probable thing that per-
sons will come out to the colony, with the ex-
press intention of keeping houses of the des-
cription mentioned, and who will bring with
them all the necessary property for such pur-
pose. It would, therefore, be inconvenient, and
subject such persons to serious loss, if they
could not obtain a license for eleven months.

The Attorney General—It is to be supposed
that, in districts already located, the magistrates
have granted, at the annual licensing meeting,
such a number as are necessary for the ensuing
year. It is desirable that the power of granting
licenses shall be confined to magistrates presiding
in districts newly opened.

The Colonial Treasurer—In the case of a
large body of emigrants arriving, the population
would be greatly increased. It might, there-
fore, be necessary to have an additional number
of public houses for their accommodation.

Mr. Porter—I agree with the Colonial Trea-
surer. There might be an arrival of two or
three hundred emigrants in a short time; and I
really do not see that any injury can arise by
adopting the amendment.

The Governor—At New Plymouth a sort of
monopoly has been created, where the vending
of fermented and spirituous liquors is confined
to one or two individuals. The Police Magis-
trate has taken upon himself to grant licenses
to retail fermented and spirituous liquors on his
own responsibility, having no authority so to
act. If one public house is necessary for the
wants of a community, it is right that a license
should be granted; but, if two will lower the
price of the articles vended without injury to
the morals of the people, I do not see why a
second should be withheld. It would, at least,
have the effect of counteracting the practice of
illicit vending of spirits.

The Attorney General—When application is
made to the magistrates for a license in any new
district, it will be for them to consult on the
propriety of granting it; and to exercise their
best discretion, after ascertaining whether such
license, or additional license, is necessary.

Mr. Clendon having again read the clause,—

The Governor said—The most constitutional
authority to regulate such affairs are the magis-
trates, and the bill is framed for their guidance.
The Government can have nothing to do with the
details of such petty affairs.

The Colonial Treasurer—Any modification of
the Attorney General's amendment will meet
the case.

The Attorney General—One reason why I
urge the amendment is, that a person has gone to
a distant part of the country, under the impres-
sion that this bill will become the law of the land,
and I do not wish that he should be deceived by
discovering that he has been retailing spirits,
and other liquors, illicitly.

Mr. Clendon then withdrew his motion, with
an understanding that the Attorney General
would introduce his amendment in the proper
place.

Clause 20 having been read, Mr. Clendon
moved that after the word "day," in line 123,
"the remainder of the clause be expunged." He
thougt little need be said on the necessity of
closing public houses on the Sabbath day.

The Governor—It is quite right, in the moral
and religious view of the subject, that public
houses should be closed as much as possible on
Sundays. But, we must look to what is practi-
cal, as well as to what is proper. If the law is
made too stringent we shall defeat our own ob-
ject; for the governed will endeavour to violate
it. I am not an advocate for that species of
legislation which is likely to create dissatisfac-
tion, and thus induce parties to devise means of
setting the law at defiance. People from ships,
called "liberty-boys," are only allowed to come
on shore on Sundays for recreation, and if such
persons could not obtain spirits of the publican,
at stipulated hours, they would most certainly
procure the means of gratification in some other
way, more offensive to the law and to morality,
and thus a greater violation of the Sabbath be
committed. With a very good constabulary,
public houses may be kept under proper regula-
tion. If constables do their duty, of a choice of
evils the least will be to carry the law into effect:
as it stands. Besides, if licensed houses were
entirely closed throughout the whole of the day,
many parties in want of necessary refreshment,
would be put to very great discomfort and incon-
venience. I think, however, that the hours of
opening on Sundays should be restricted as much
as is practicable, and that they should be finally
closed at seven o'clock in the evening.

Mr. Porter—I quite agree with his Excellency
that it is very unwise to make laws which, it is
certain, will be violated. I think that eight
o'clock would not be an unseasonable hour.

Mr. Clendon—If the grog-sellers violated
the law, they would incur the penalty of losing
their license.

The Governor—I conceive that to deprive a
publican of his license is too great a punishment
for the offence; and should prefer the substitu-
tion of a fine. In the case of an individual los-