✨ Legislative Council Debate




(118)

trate's decision. The offender was an artizan, through the Gazette; but not so with a Police
who, in England, would not obtain more than Magistrate, to whom must be confided the care
5s. per day; whilst here he could obtain from of the district of which he is a resident. This
12s. to 15s. per day. The fine, he thought, difficulty, however, I think, may be easily
should always be in proportion to the means of remedied; for, in all new settlements which
the individual.
have been already established, I have had either
The Colonial Treasurer-I should say, that, strong recommendations of certain respectable
upon every third conviction for drunkenness, the persons from the Secretary of State, or from
party offending should be fined the highest some friend upon whose recommendation I could
penalty. But, I should wish to know whether, place implicit reliance.
after the last conviction, he should begin again,
and be fined in the lowest penalty.
The Attorney General-The Police Magistrate
The Governor-Suppose a man has been con- appointed to a district will be a resident, having
victed three times, and kept himself sober for a knowledge of the parties who may apply for a
six months, he ought to begin fair again.
license; and, of course, the proper person to
The Colonial Secretary-I concur with his decide whether such application should be
Excellency that, after a third conviction, should granted. It would be injudicious to leave such
the man keep sober for six months, his former a decision to inexperienced magistrates who
offences ought not to be considered in the amount might be invested with a commission of the
of punishment, Such a lenial interpretation of peace.
the law would be holding out some encourage-
ment to sobriety.
Mr. Porter-As in South Australia, a certain
Mr. Clendon then withdrew his amendment number of persons should be empowered to grant
to the 31st clause, and it was ordered that the licenses in case of any emergency.
original clause do stand part of the bill.
The Governor-I do not think such a recom-
The Attorney General then moved that the mendation necessary. No difficulty is likely to
following additional clause be inserted after the occur in appointing suitable gentlemen to act.
31st clause :-" Whereas, by reason of the for- With regard to New Plymouth, Wellington, and
mation of new settlements, and the rapid in- Nelson, I have had references as to suitable
crease of the population thereof, it may be persons to act as magistrates, either from the
desirable that licenses should be granted other- Secretary of State, or other parties. Suitable
wise than at the time, and in the manner herein- people will be known to the executive at any
before provided; be it enacted, that it shall by time.
lawful for any two justices of the peace for the
district, the Police Magistrate being one, at anǝ The Attorney General's clause was then put
time, or times, to grant any number of licenses." from the chair, and unanimously agreed to.
The Governor-I wish to know how it will The remaining clause, and the schedules to
be where no Police Magistrate has been appoin- the bill, were then read, and adopted without
ted in the new 'settlements adverted to in the alteration.
Attorney General's amendment? There is no
difficulty in my appointing a justice of the peace It was then ordered that the bill be read a
for a district; it is merely passing his name third time on Thursday, the 10th inst. Council
then adjourned to that day.
Printed by JOHN MOORE, at the Printing Office,
High-street, Wednesday, 13th April, 1842.




Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1842, No 15A





✨ LLM interpretation of page content

πŸ›οΈ Continuation of Council Debate on Licensing Bill: Drunkenness Penalties and Hard Labour (continued from previous page)

πŸ›οΈ Governance & Central Administration
13 April 1842
Licensing Bill, Drunkenness penalties, Police Magistrate, Justices of the Peace, Council proceedings, New settlements
  • The Governor
  • The Colonial Treasurer
  • The Colonial Secretary
  • Mr. Clendon
  • The Attorney General
  • Mr. Porter