Page 7 Advertisements Column 6

Otago Daily Times, Issue 15300, 14 November 1911, Page 7

LEGAL OPINION. IN RE NATIONAL PROHIBITION. Wd havo been asked to adviso as to tho meaning ami effect of section 21 of " The Licensing Amendment Act, 1910." The section reads Oβ follows :— (lj At all times whilo no licenses exist in Now Zealand by virtuo of any determination in faVour of national prohibition, and while that determination remains in force, it shall be unlawful (or any person to import into New Zealand or to manufacture, sell, or havo in hie possession for the purposes of sale, intoxicating liquor of any description. (2) Nothing in this section ehall extend or apply to tho importation, manufacture, or sale, in accordance with the regulations made by the Govcrjior-in-Council in that behalf, of intoxicating liquor for medicinal, scientific, sacramental, or industrial purposes »r----clusively. (3) Nothing in section two or section three of the pnnciunl net shall be so construed as to restrict in any manner tho meaning and operation of this section. (4| Any person who in breach of this section imports into New Zealand, manufactures, sells,' or has in his poosession for the purposo of «alo, any intoxicating liquor, or who attempts to commit any such offence, or who aide, abete, or procures the commission of any euch offenco, shall be liable on summary conviction to a fine, not exceeding one hundred pounds in the case of a first offence, and to imprisonment for . any term not exceeding three months in the case of a second or any subsequent 1 uflenco against this section whether of ' the' same or of a different Kind. Where the defendant is a body corporate.the penally ehall be a fine not exceeding two hundred pounds in the case of a first offence, and a fine not exceeding one thousand pounds for a eecond or any subsequent offence. This section ie of course stringent and highly ponal in its terms. . Its general effect is to mako it criminal for any person, ' during National Prohibition, to import into or manufacture or sell in New Zealand tiny; kind of intoxicating liquor, or (havo it in his possession for the purposes of sale. I'OUll DISTINCT OFFENCES ARE ' CREATED. (1) The "importation" into New Zealand of any inidxicating liquor. This is absolute in its terms, and forbide t'hc bringing into the Dominion from outside of any quantity of liquor, however small. . ('2) Juio " uianufaciuro" of intoxicating liquor in any part of tho Dominion, 'llikt ie equally uotulute, and prohibits all persoiw from jJKfciVVIiNG, DISi'ILLJUNU, OR OTHER-WISE PRODUCING ANi. INTOXICATING. LiyUOit, WliEliifcu FOR SALE OR HOAIE CONSUMPTION. Wo understand that it has been suggested that, even under .National Prohibition, it would bo lawful for ,a householder to brew ale or porter for his own family. After .a carclul consideration of the statute, wo are unable to discover any ground for thie suggestion, AND WE HAVE NO DOUBT THAT AN I' PERSON MAKING HOMEBREWED BEER, EVEN FOR HIS OWN USE, WOULD HBNDER HIMSELF CRIMINALLY LIABLE. Tho language of tho eection is, in our opinion, too clear to leave any room for doubt or ambiguity in this respect. (3) The sale of intoxicating liquor it also forbidden under penalty. To prove "ealo" of liquor under this section it will not be necessary to show that any money actually passed, so long as tho court ie satisfied that a transaction in the tiature of a ealo took place. (4) It is also mado a criminal offence (or nny person to have Any intoxicating liquor in his pojsession " for tho purpose of sale." Thie provision spcake for itelf. The words " Intox'.'ating Liquor" ar« defined by tho Licensing Acts to tneou "any epirits, wine, ale, beer, porter, cider, perry, or other fermented, distilled, or spirituous liquor of an intoxicating nature," and nleo includo " medicated wines containing more than 10 per cent, of proof spirit. It will be noted that this definition Is most far-reaching in its application. Tho penalties provided by section 21 (4) arc exceedingly eevore, and apply not only to persons who actually commit any ono of the four offences above detailed, but also to any person who attempts to commit any such offence or who aids, abcta, or procures tho commission thereof, ACCUSED PERSONS, APPAR. ENTLY, ARK NOT ENTITLED TO TRIAL BT JURY, HUT ARE LIABLE TO THE STATUTORY PENALTIES "ON SUMMARY CONVICTION "- 1.E., BEFORE A STIPENDIARY MAGISTRATE. Under " The Licensing Act, 1008," qualified exceptions were mado in respect of sale by chemists, New Zealand winegrowers,' and auctioneers, and also in the HoiiMs of Parliament and military cankens, etc. By aubclauso (3) of section 21 of the act of 1910 THESE EXCEPTIONS OR PRIVILEGES HAVE, in our opinion, BEEN SWEPT AWAY; and by subclausc (2) of the same act it is left to the Govornor-in-Couiicil to framo regulations for Mic supply of intoxicating liquor for "medicinal, scientific, sacramental, or industrial purposes exclusively." To sum up, the brand effect of section 21 is aptly and succinctly stated in Iho sido note to the section itself: " DURING NATIONAL PROHIBITION, LIQUOR IS NOT TO BE IMPORTED, MANUFACTURED, OR SOLD IN NEW ZEALAND." The statute cannSt bo evaded. A person, it is true, may bo able to eupply hie own wants for a time by purchasing and keeping on hand a largo supply of liquor, so long as it is actually obtained beforo National, Prohibition begins. Wβ need hardly point out, however, that for tho average citizen such a course of action would be impracticable. (Signed) S. Solomon, K.C. . (Signod) W. C. MAcGnEQOR. Dunedin, October, 1911. «S Tho avora«o lifetime, of an elephant w 100 years: rabbit, 7; pig, 25; cow, 15: pike, 150: salmon, 10; lion, 25 to 60. Moro Mian 200,000 tons of silt end «nd are dredged from the River Thames every week. I'rico ami Quality join hands in tho new season's KAIAPOI COSTUMES. Tho Fashion Book proves it. Have you soon tho book of "Sprinjr Fashions"? If not, write your draper, or direct to tho KAIAPOI WOOLLEN' COMPANY (LITU Christchurcli. It's worth havinjr. Don't worry about "what to jrivo" for a wedding or other gift. Get a KAIAPOI l'U(i. That is always appreciated. In various designs and colours. Quito inexpensive, too. All <lrapere and clothiers. Leaders of Fashion oommoixl tho now season's KAIAPOI SUITINGS for the* smartness, style, and fiiio Dnieh. Ask Your tnilor.—Advt. '