The Licensing Act.

Manawatu Standard, Volume XL, Issue 7986, 20 December 1904, Page 5

The Licensing Act.

A Test Case.

Bona Fide Traveller Revived.

{Per Preßs Association),

WANGANUL 'jbw 'day

In the Magistrate's Court this morning judgment was given by Mr Stanford, S.M., in the test case brought to determine the meaning of section 42 ot the Licensing Act of last session. The licensee of the Castlecliff Hotel, which is 3 miles from town, was charged with selling liquor on a Sunday to a person who claimed to be a bona fide traveller. The facts were admitted. The Magistrate held that section 157 of the Act of 18S1, which empowered a licensee to supply a bona fide traveller, was not repealed by the Act of 1895 and was not impliedly repealed by the Act of 1904. The Magistrate said that in the present case the Legislature, though it had an eye on sections 156, 157 and 158 of the Act of 18S1, and whilst it repealed section 156, left section 157 entirely alone and he could not, therefore, hold it in any way repealed. He held, further, that there were indications in the 1904 Act that a bona fide traveller was still recognised, since section 45 allowed him to be on licensed premises during closing hours. As to section 56, of the 1904 Act, he did not think the word " modified " could be enlarged to cover the repeal of a section. The case was dismissed, the magistrate finding no conflict between the Act of 1904 and section 157 of the Act of 1881.