(115)

think it would be desirable to allow night-licen-
ses to houses situated out of town.

was strictly searched, it would be found that a
certain portion of bad characters are from New
South Wales. These persons, it is but reasona-
ble to suppose, have brought with them the
vicious practices to which they were accustomed
there.

The Colonial Secretary—I think there are
instances where night-licenses may be granted
to houses not situated in the town. I should
say that the Prince Albert inn, at Epsom, comes
within the meaning of the act. Sitting as a
magistrate on the bench, I should not feel myself
justified in refusing a night-license to the Prince
Albert. I think any respectable house,
at the road-side, where coaches call, and to
which travellers are likely to resort for refresh-
ment, might be called an inn. Eventually, as
in New South Wales, applications will be made
for night-licenses from all parts of the colony.

The Attorney General—The power of forcible
entry is given to constables in New South
Wales, where a considerable portion of the
population are, or have been convicts, so as to
prevent offenders from escaping. As I have
said, constables in New Zealand can demand
admittance without the clause; and, if not
allowed to enter, the Police Magistrate would
refuse the license when a renewal of it was ap-
plied for.

Mr. Clendon's motion, to erase the words in
clause 21, "not exceeding three in any borough,"
was then put from the chair, and agreed to.
The clause, as amended, was then ordered to
stand part of the bill.

Mr. Porter—In that case a publican who had
harboured improper characters, or permitted
illegal proceedings in his house, would escape
until the next licensing-day. The offence might
be committed immediately after the annual
Licensing meeting, so that a publican of very
bad character and conduct might be allowed to
retain his license for eleven months. I certainly
see no harm in Mr. Clendon's additional clause,
and have pleasure in seconding the motion for
its adoption.

Clauses 22 to 26 were agreed to without alter-
ation.

The Colonial Secretary—I think the addi-
tional clause proposed by Mr. Clendon would,
if adopted, place too much power in the hands
of constables, and which they are liable to abuse.
Some of the constables in this colony are not
the best of characters, and to give them an arbi-
trary power of entering a public-house whenever
they think proper to demand admission, can-
not fail to cause great dissatisfaction. A strong
instance occurred, some time ago, at Kororareka,
where a complaint was made of a constable
having exercised improper authority in entering
a house there. If licensed persons refuse to
open their doors, when a constable demands
admittance, the circumstance can be reported
to the Police Magistrate, who would make him-
self acquainted with the grounds of suspicion,
and the probable cause of refusal. I cannot
consent to give constables the right of acting
without warrant or authority, although I would
invest Police Magistrates with very high pow-
ers.

Mr. Clendon then moved the following addi-
tional clause, between clauses 26 and 27:—
"Any constable may demand entrance into any
licensed house, at any hour, upon information
that this Ordinance is contravened; and unne-
cessary delay in giving admission to such con-
stable may, upon the hearing of the case by the
Police Magistrate, subject the parties so offending
to the penalties, herein contained."

Mr. Clendon—The additional clause now be-
fore the Council, provides that a constable can
only "demand entrance, into any licensed
house, at any hour, upon information that this
Ordinance is contravened." He is not to de-
mand entrance except he has received "infor-
mation of something wrong. If a constable
exceeds that power, he is liable to punishment.

The Attorney General—There does not appear
to be any necessity for the additional clause
introduced by the hon. member; for, as the law
now stands, constables may demand admittance
to licensed houses; but the publican may refuse
to open his door. If the constable, however,
has good reason to suppose that some offender
is concealed in the house, whom it is his
duty to apprehend; or, if he has become aware
that gambling, or other illegal practices was
going on, the refusal of the publican to permit
the constable to enter, would be reported to the
magistrate, who would not renew the license on
the next licensing-day.

The Colonial Secretary—The clause provides
that the constable may act "upon information,"
but it does not say that the party informing must
go before a magistrate, who would give to the
constable the necessary power of demanding
admittance. If a party has any ill feeling
towards a licensed publican, he has nothing to
do but to go to a constable, and there can be
little doubt he would be enabled to induce the
officer to annoy the publican. The clause only

The Governor—According to the law of Eng-
land, the house of no man can be forcibly en-
tered without a search-warrant.

Mr. Clendon—It is not intended that the
constable shall forcibly enter. If refused admit-
tance, he would apply to a magistrate for a
search-warrant. Under the New South Wales
Act, a publican at Kororarika was deprived
of his license for refusing admittance to a con-
stable.

The Governor—It is certainly in the power of
any publican to refuse admittance to his house,
on demand; but it is still necessary that, on
proper occasions, constables should be permitted
to enter licensed houses. From the contiguity
of New Zealand to penal settlements, it is per-
haps necessary that the law, in this respect,
should be more stringent than in other free
colonies. We are in proximity to penal settle-
ments; and, if the population of this colony