THE LICENSING BILL.

Hawera & Normanby Star, Volume XLVIII, Issue 8096, 27 September 1904, Page 2

THE LICENSING BILL.

ITS PRESENT PROVISIONS.

The following from the Wellington Evening Post is a further summary than we gave oil Saturday : — The Licensing Bill is within measurable distance of completing its progress through committee, and although some few other amendments of an uqimportant character may yet be made before it is sent on to the Legislative Council, it will be interesting at this stage to briefly sketch its provisions. To commence with, the striking out of clause 3, which proposed to eliminate the reduction issue fnom locjal option polls, leaves the issues as at present — continuance, reduction, no-license.

! The result of every valid licensing poll taken before or after the passing of the measure is to have effect until superseded at a subsequent valid licensing poll. The "no-license no-liquor" clause has disappeared. Whenever by reason of a change in the boundaries of electoral districts the whole or any part of a licensing district is removed into another licensing district, the condition of things as regards licenses will continue in the cut-out area until the result of the next licensing poll comes into force. With regard to disputed polls it is provided that when the result is disputed on the ground that the count of the Returning Officer was incorrect any six electors may, within seven days after public notice of the result, apply in writing to a 'Magistrate for a recount, and in case there is a doubt as to the application reaching the Magistrate within the seven days, the application may be forwarded by telegram. The application must be accompanied by a deposit of £10. ' Two days' public notice of the recount must he given.. If as the result the Magistrate finds that the figures given by the Returning Officer were incorrect his duty is to publish the amended result. If he is of opinion that the application was made on insufficient or frivolous grounds he has power to order the expenses to be paid out of the £10 deposit, which otherwise will be returned, and the expenses of the enquiry will form part of the expenses oi the poll.

Provision is also made for holding an enquiry into ilia poll on the application of fifty, electors within fourteen days after the declaration of the result. The application must l>e accompanied by a deposit of £20,- which will be forfeited to the Crown "if the Court finds that the grounds of \he petition have not been sustained. The enquiry will be conducted by a B&ich of three Magistrates exercising jurisdiction nearest to the principal polling booths of the district. Specified grounds of complaint only will be investigated, unless by leave of the Court. Evidence may be given to prove that any proposal other than that declared to be carried was rejected and not carried, and that a proposal other than that declared to be carried was carried and nftt rejected. The Court is given full powers q| calling evidence and so forth, and its. duty is to determine whether, w by reason of some irregularity that in its opinion materially affected the result of the poll," the poll is void, or whether any and what proposal was duly carried. The determination of the Court is to be final. Persons found to have committed irregularities are to be named in the report, and they will be liable to penalties up to £100. There are several kinds of irregularities—interfering with an elector with, the intention of influencing him, or advising him as to his vote.; printing or circulating mock ballot papers; making a public demonstration during polling , hours by means of living figures, effigies, painting, placards, or other like means; obtaining or retaining possession of a bal- | lot paper. The Court has power to order that the coit of the petition shall be paid, by either of the parties, or by the Returning Officer ox. other official if it declares the poll void, on the ground of negltfffjice or misfeasance of the ReturnlngOfflcer or other official. When a licensing poll is declared void a fresh poll must be taken within tarty days, but that fresh poll wH* net be valid unless the number- of valid votes recorded » not few than 65 per cent, ot the number of valid votes recorded «t the first noil. In regard to Chalmers, it is provided that if. as the result of the, appeal to the Privy Council, it h established that the petition presented

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