(116)

provides for suspicions; if it were on information
before a magistrate, it would be less objectiona-
ble. You may safely give as much power as you
please to magistrates, but not to constables.

Mr. Porter-I know that in Liverpool a con-
stable can can demand, and insist, upon entrance to
any licensed public-house : and it is within my
knowledge that a constable, who made forcible
entry on believing that an offender against the
laws was opnoealed, was borne out by the author-
ities of that town.

The Attorney General-The law of England
gives power to a constable to demand, but not
to enforce admittance, unless by special warrant
from a magistrate. But, if a constable has good
reason to believe that illegal practices are going
on in the house, or that improper characters are
harboured, the refusal of the publican to grant
a search or inspection, would be prima facie
evidence against him. The fact would be repor-
ted to t to the bench, and the magistrates would
have the power of refusing to renew the
license.

The Governor-To deprive a man of his
license, for a breach of the law, law, is the heaviest
punishment that can possibly be indicted, and
one, in my opinion, of too great a magnitude
for the offence. I think a penalty of £5, in
such cases, would satisfy the ends of justice.

Mr. Clendon --The punishment is at the dis-
cretion of the Police Magistrate. It may be a
fine of from £2 to £20; or, a forfeiture of
license.

The Colonial Treasurer-We learn, from the
annals of criminal courts, that bad characters
generally resort to low public houses, where
they lay their plans of nocturnal depredations.
Petty robberies, and other crimes, are almost
invariably decided upon at such houses. A
constable might be in pursuit of such offenders,
when it would be certainly desirable that admis-
sion should be at once granted by the publican.
Even a short delay might enable the delinquent
to escape by the rear of the house.

The Colonial Secretary-We are legislating
for a large body of emigrants, fresl fresh from the
parent country, untainted by crime, and not for
a sprinkling of persons from New South Wales,
as in Kororarika. There is, therefore, in my
opinion, no necessity for so stringent a clause,
and when a body of newly arrived emigrants
are diffused through Kororarika, the character
of the inhabitants will undergo a great change
for the better.

The Governor-For a constable to demand
admittance to a public house, is a very different
thing from the invasion of of a private dwelling.
Such a demand, made under suspicion that of-
fenders was secreted, or illegal practices going
on, can scarcely be called an infringement of the
liberty of the subject. If the constable, after
search, found no improper characters there, and
that no breach of the law was being committed,
he would of course walk quietly out again.

Mr. Porter-I agree with his Excellency. I
can see no harm in a constable going to the

house of a licensed person, and demanding ad-
mission in a proper manner, in the discharge of
his duty.

The Colonial Secretary-According to this
clause, any man, the greatest enemy of a publi-
can, might give information to a constable that
gambling is going on, although there might be
no cause for such suspicion. The constable,
however, might be induced to demand admit-
tance, and put the publican, and the company in
his house, to great annoyance and inconve-
nience. The clause provides for mere "suspi-
cions." With regard to a forfeiture of license,
for non-refusal to admit a constable who may
demand entrance, his Excellency is of opinion
that the penalty is too severe.

Mr. Clendon-If it is the opinion of the Coun-
cil that the latter part of the clause, respecting
a forfeiture of license, is too severe, it may be
expunged.

The Governor-By a comparison with other
punishments it certainly does appear that a for-
feiture of license is too great; -the penalty is,
in fact, tremendous, as it involves the present
subsistence of the publican and his family, and.
spects. Police Magistrates, at
the annual licensing day, ought not to have the
power of depriving the man of his license on
slight grounds.

It was then resolved that the words, "for-
feiture of license," in Mr. Clendon's additional
clause, be omitted.

The The question was then put from the chair, that
the additional clause, as amended be agreed
to;

Ayes-His Excellency the Governor,
The Colonial Treasurer,
Mr. Porter,
Mr. Clendon."

Noes-The Colonial Secretary,
The Attorney General.

Mr. Clendon moved that, after the 25th clause,
the following additional clause be inserted:
"Licensed persons shall not sell any spirituous
liquors, or allow the same to be sold or supplied
to any confirmed drunkard, of whom he may
have been notified in writing, by order of the
Police Magistrate."

Mr. Porter seconded the motion for the adop-
tion of the clause.

The Attorney General-The bill, as it stands,
gives the magistrates a power of punishing
severely in the case of confirmed drunkards.-
They may be imprisoned one week, with hard.
labour. But this clause, for one or two offences
against the act, might brand a man's character
so long as he lives, with the opprobrium of being
a "confirmed drunkard," under the hand-wri-
ting of the Police Magistrate. Drunkenness
an offence which I detest as much as any man-
may be punished by confinement, but it is not
in accordance with the laws of England, to say,
upon the decision of one magistrate, that a man
shall never again obtain refreshment at an inn or
public house.