Amendment of

principal Act, s. 46Penalty on customer for being in non-exempted shop on Sunday.

Amendment of

Early Closing Act Amendment Act.-1923.

18. Section 46 of the principal Act is amended by striking out the words "on any day enter any shop after the closing time therein and substituting in lieu thereof the words "enter any shop on any weekday after closing time or on Sunday."

19. Section 47 of the principal Act is amended by striking out

principal Act, s. 47-subsection (4) thereof.

Consequential

amendment.

Amendment of

20. Section 48 of the principal Act is amended by adding after principal Act, s. 48. the words "exempted shops" in the second line thereof the words "and tobacconists shops."

Amendment of principal Act, s. 56Shopkeepers in

petitioning for shops to cease to be exempt may pray that goods pertaining to their business cease to be exempt.

Amendment of principal Act, s. 58

If Minister is satisfied that goods strictly pertain to business of shops ceasing to be

exempt, goods to cease to be exempt.

Amendment of principal Act, s. 62Effect of declaring goods to cease to

be exempted goods.

21. Section 56 of the principal Act is amended—

(a) by inserting at the end of subdivision (b) of subsection (1) thereof the word "and"; and

(b) by inserting after subdivision (b) of subsection (1) thereof the following subdivision:

(c) That the goods specified in such petition shall cease to be exempted goods;

and

(c) by inserting after the word "weekdays" in subsection (2) thereof the words " and the goods which strictly pertain to the principal business carried on in the shops.

22. Section 58 of the principal Act is amended

(a) by adding at the end of subdivision (b) thereof the word and "; and

66

(b) by adding at the end thereof the following subdivision :

(c) That, from the said date fixed by such notice, the goods specified in such notice shall cease to be exempted goods, which goods shall be such of the goods specified in the petition as the Minister is satisfied strictly pertain to the principal business carried on in shops of the class specified in the petition.

23. Section 62 of the principal Act is amended

(a) by adding at the end of subdivision (b) thereof the word and";

66

(b) by adding at the end thereof the following subdivision:

(c) The goods specified in such notice shall cease to be exempted goods within the meaning and for the purposes of this Act, at all times when shops of the class mentioned in such notice, which are situated in the Shopping District, are required to be kept closed and fastened against the admission of the public.

24. Division

Early Closing Act Amendment Act.-1923.

24. Division IV. of Part V. of the principal Act is amended by Amendment of inserting after section 62 thereof the following section:

principal Act, Part V.,

Division IV.—

respect to shops ceasing to be passing of this Act.

exempted before

62A. (1) Where any class of shops which are situated in any Provision with Shopping District have ceased to be exempted before the passing of this Act, the Minister may, by notice in the prescribed form published in the Gazette and in two newspapers circulating in the Shopping District, declare the goods which strictly pertain to the principal business carried on in such shops, and that, from a date fixed by such notice, such goods shall cease to be exempted goods.

(2) Upon the publication of such notice, such declaration shall, mutatis mutandis, have the same force and effect as if it had been made in the notice under section 58 or section 61 of the principal Act with respect to such class of shops.

25. Section 66 of the principal Act is amended by adding at the Amendment of end thereof the following subsection:

(3) In any proceedings for an offence against section 40 or section 47 the presence at the time of the alleged offence in or on any building or premises, of which the shop mentioned in the complaint forms a part, of any person (other than the shopkeeper of such shop or a member of his family) who has in his possession any goods of a class usually sold in, about, or from such shop, under such circumstances as to raise in the mind of the Court a reasonable suspicion that such goods were sold or delivered in or on such building or premises shall be sufficient evidence of the offence alleged in such complaint so as to support a conviction unless the Court is satisfied that such goods were not sold or delivered in or on such building or premises in contravention of the provisions of this Act.

principal Act, s. 66—

Presence in shop

of customer with goods evidence of

sale in some cases.

26. The First Schedule to the principal Act is amended by striking Amendment of

out the line

"13. Tobacconists' shops."

New Provisions.

principal Act, First Schedule

Tobacconists' shops not to be exempt.

tobacconists' goods

27. Subject to subsection (2) of section 5 of the principal Act, Special provision for weekday from the closing time for shops other than exempted between six o'clock shops until the closing time for tobacconists' shops, the goods and eight o'clock. mentioned in the Third Schedule shall be deemed to be exempted goods within the meaning of and for the purposes of the principal

Act.

obtain licence to

28. (1) The Chief Inspector, on being satisfied that a proper case Auctioneer may exists for the exercise of the power hereby conferred upon him, may sell after hours in grant a licence permitting any goods to be sold, offered or exposed country districts. for sale by auction at any time after the closing time fixed by Division I. of Part V. of the principal Act, as amended by this Act, for shops cther than tobacconists' shops.

(2) Every

Licences to sell

hours.

Early Closing Act Amendment Act.-1923.

(2) Every licence so granted shall be subject to such conditions as are set out therein, and shall specify the time or times, the day or days, and the goods, in respect of which it is granted. Such goods may be so specified either generally or particularly.

(3) A fee of Two Shillings and Sixpence shall be paid for every such licence.

(4) Any such licence shall render lawful anything done or omitted in accordance with the terms thereof: Provided that if anything is done or omitted in excess of such terms or in any way contrary to any condition thereof, such licence shall immediately become, and continue to be, of no effect.

(5) The holder of a licence granted under this section shall produce the same for examination whenever demanded by an inspector or any member of the Police Force, and any person acting or purporting to act under a licence so granted, who fails to produce such licence when demanded as aforesaid, shall be deemed to be unlicensed.

(6) The provisions of this section shall not apply within the Metropolitan Shopping District.

29. (1) The Minister may, upon the application of any shoppetrol and oil after keeper, grant a licence to such shopkeeper permitting him to sell motor spirit and lubricants for motor vehicles on weekdays after the closing time and on Sunday.

(2) Such licence shall specify the shop in respect of which it is granted and shall be subject to such restrictions as to the hours and place of sale, and the employment of shop assistants in connection with such sale, and to such other conditions as to payment of fees and otherwise as are prescribed for licences under this section, and shall in all cases upon failure to observe or breach of any of the restrictions or conditions thereof forthwith be and be deemed always to have been void.

(3) Notwithstanding anything contained in this Act or the Early Closing Acts, 1911 and 1912, it shall be lawful for the holder of any such licence to offer and expose for sale and to sell such motor spirit and lubricants at the hours mentioned in such licence, and to keep his shop open at such hours, and to employ shop assistants at such hours, according to the tenor of such licence.

(4) If the Minister considers that any licence granted under this section has been abused in any way or to any extent, he may in the exercise of his absolute and uncontrolled discretion, by notice signed by him and delivered personally to or served by post on the holder thereof cancel such licence and thereupon such licence shall be absolutely void.

(5) The provisions of sections 41, 42, and 44 of the principal Act shall not apply to any shop in respect of which a licence under this section is granted: But section 48 of the principal Act shall apply to every such shop as if the same were an exempted shop.

(6) Any

Early Closing Act Amendment Act.-1923.

(6) Any person alleged in any complaint to be the holder of a licence under this section shall for all purposes connected with and in all proceedings under or upon such complaint be deemed to be the holder of such licence unless he, at the hearing of such complaint, satisfies the Special Magistrate or Justices to the contrary.

30. The provisions of the principal Act or any Act incorporated Act not to apply in therewith shall not apply in respect of any shop erected and carried certain cases. on at any industrial exhibition, agricultural, horticultural, or other similar show, so long as no goods other than goods of the prescribed kind are sold at such shop.

to be One Pound.

31. There shall be payable to the Minister on the presentation Fee for petition and of every petition or counter-petition under the principal Act or this counter-petition Act the fee of One Pound, and no such petition or counter-petition shall be deemed duly presented nor shall it be acted upon unless and until such fee is paid to the Minister.

members of Police

32. No member of the Police Force or inspector who purchases Inspectors and any goods, and no person who purchases any goods at the request Force, &c., not of a member of the Police Force or an inspector, shall be deemed an accomplices. accomplice or guilty of an offence against this Act where any com- Cf. Licensing Act, plaint has been laid for such offence, nor shall the evidence of such 1917, s. 282. member of the Police Force or inspector or of such person be deemed, on the hearing of such complaint, to be the evidence of an accomplice.

Magistrates may

act on evidence of accomplices without

1917, s. 283.

33. The Special Magistrate or Justices sitting at or on the hearing of any complaint under this Act may, if in the circumstances of the case they deem it proper, convict the person accused upon the corroboration. uncorroborated evidence of an accomplice; nor shall he or they Cf. Licensing Act, acquit the person accused merely on the ground that the only evidence against him is the uncorroborated evidence of an accomplice, unless, in the circumstances of the case, he or they suspect the truth of such evidence; and there shall be no appeal from any conviction merely on the ground that the only evidence against the accused was the uncorroborated evidence of an accomplice.

In the name and on behalf of His Majesty, I hereby assent to
this Bill.
TOM BRIDGES, Governor.

THE

Early Closing Act Amendment Act.-1923.

THE SCHEDULES.

1062, 1911, s. 4. This Act, s. 3.

THE FIRST SCHEDULE.

THE FOLLOWING GOODS ARE HEREBY DECLARED TO BE EXEMPTED GOODS:1. Cooked food, butter and cheese in quantities not exceeding two ounces of either in any one purchase, tea coffee, or cocoa, in solution, cooked meat (not being tinned meat in unopened tins), bread, rolls, cake, tarts, pies, fresh fish, smoked fish, and cooked fish (not being tinned fish in unopened tins), oysters, spirituous and fermented liquors as allowed by licence under the Licensing Act, 1917, and not otherwise, and non-alcoholic drinks.

2. Confectionery, sweetmeats, biscuits.

3. Non-alcoholic drinks, milk, cream, ice, and ice cream.

4. Fruit (other than preserved fruit in unopened tins or in airtight packages). 5. Flowers and living plants.

6. Vegetables of every description (other than vegetables in unopened tins or in airtight packages).

7. Wines as allowed by licence under the Licensing Act, 1917, and not otherwise.

8. Drugs, medicines, medical and surgical instruments and appliances, including veterinary medicines, implements, and appliances, perfumery, antiseptics, tooth, hair, and skin brushes, sponges, face powders and puffs, infants' foods, hair oils, hair washes, and shaving soaps.

9. Printed books, newspapers, magazines, and journals.

10. Coffins and coffin furniture.

This Act, 8. 11.

THE SECOND SCHEDULE.

A. The fees for registration under Part IV. of the principal Act as amended by this Act, shall be as follows:

:

....

100

1 10 0

200

2 10 0

6. Where more than 50 assistants are employed Provided that in the case of a shop registered between the 31st day of January and the 31st day of July in any year, the fees shall be at half the above rates.

B. The fees for renewal of registration shall be at the same rates as above, payable annually.

In computing the number of assistants for the purpose of this schedule, no regard shall be paid to the wife, or any son or daughter of the shopkeeper, employed in the shop.

THE