The Licensing Act.-1908. PART IV. Magistrate or Justices within seven days, or if he does so appear, and it appears to the said Magistrate or Justices, after examination, that such liquor was in the said house or place or licensed premises for the purpose of being illegally disposed of, then such Magistrate or Justices shall adjudge the same and also the said vessel or vessels containing the same to be confiscated, and the same shall be forthwith sold, and one half of the net proceeds thereof paid to the use of His Liquor found may be Majesty, and the other half to the party informing; otherwise the confiscated and sold. property so seized shall be restored to the owner thereof or such licensee. PART V LIMITATION OF NUMBER OF LICENCES. DIVISION I.-LOCAL OPTION POLLS. PART V. DIVISION I. Districts. 177. Each Electoral District for the House of Assembly is hereby Local Option constituted a Local Option District, and each Electoral District may, by Proclamation of the Governor, be divided into such Local Option Act 666, 1896, s. 23. Districts as are deemed convenient: Provided that- Act 846, 1904, s. 3, altered. (a) Every Local Option District constituted before the passing of "The Constitution Act Amendment Act, 1901," or of this Act 897, 1905, s. 11. Act, whether so constituted by Act of Parliament or by Proclamation of the Governor, shall be deemed, notwithstanding the passing of that Act or of this Act, to have continued or to continue to be a Local Option District: (b) Until the Local Option Districts constituted by this Act or as in this section before mentioned are altered, each such district shall bear the same name as such district bears at the date of the passing of this Act, and when any districts are altered the new districts shall bear the names given to them by Proclamation in the Gazette. for. 178. (1) A quorum of electors in any Local Option District Poll may be petitioned (hereafter in this Division of this Part called "the Local Option District") may, within six calendar months of the day of the then Act 666, 1896, s. 24. next general election, cause a local option petition (hereafter in such Act 897, 1905, s. 4. Division called "the petition") praying that a local option poll be taken within the Local Option District to be presented to the Governor. The petition may be in the form provided in Schedule X hereof. (2) For the purpose of this section "electors" means electors as Ibid., s. 3. defined in section 4 of this Act who reside within the Local Option Act 666, 1890, s. 25. District, and a "quorum" consists of five hundred of such electors, or one-tenth of the total number of such electors, whichever is the smaller number. (3) The petition shall be deemed to be duly presented if delivered New. at the Minister's office to the Minister, or to the Secretary or Acting Secretary to the Minister. 179. Within PART V. DIVISION I. Proof of validity of petition. Act 897, 1905, s. 4 (2), altered. Poll to be taken Who may vote. The Licensing Act.-1908. 179. Within seven days after the presentation of the petition, or as soon thereafter as is practicable, the Minister shall cause the petition to be referred to the Returning Officer for the Electoral District for the House of Assembly which constitutes the Local Option District or in which the Local Option District is situate (in this Division of this Part called "the Returning Officer "), who shall examine the same and the signatures thereto; and if the Returning Officer is of opinion that the petition has been duly and properly signed, he shall certify to the Minister in writing that it has been so signed, and such certificate of the Returning Officer shall be published by the Minister in the Gazette, and the Gazette containing such certificate shall be conclusive evidence that the petition is valid and has been duly presented. 180. (1) The Governor shall, after the petition has been presented and upon receipt of the Gazette containing the certificate mentioned in the next preceding section, by Order in Council, direct the Returning Officer to cause a poll of the electors in the Local Option District to be taken on the day fixed for the poll at the then next general election, and at the polling-places within such Local Option District at which the poll at such election is taken: Provided that if no poll is taken at such election within such Local Option District, then the local option poll shall be taken at the polling-places for the House of Assembly elections situated within such Local Option District: And provided that when such election is held within a period of one and a half years after the last preceding local option poll, no such poll shall be taken at such election, but a local option poll shall be taken on the day fixed for the poll at the next succeeding general election, not being within such period of one and a half years. (2) After the publication of the Returning Officer's certificate as provided by section 179, the Governor may, by Order in Council, prohibit the granting of licences for previously unlicensed premises in the Local Option District until such poll has been taken, and the declaration of the determination of the electors referred to in section 187 has been made. 181. (1) The persons entitled to vote in any Local Option Act 666, 1896, s. 25, District at a local option poll are all the electors as defined in altered. Act 897, 1905, s. 32 New. New. section 4 of this Act who reside in such district: Provided that no elector who is not entitled to vote at an election for Members of the House of Assembly at some polling-place situate within such district shall vote at a local option poll taken therein unless he has obtained from the Returning Officer, or from the Returning Officer for the said State, a certificate in the form provided in Schedule X hereto, or to the like effect. (2) Upon producing and delivering such certificate to the presiding officer at any polling place within such Local Option District and making a declaration before such presiding officer in the form provided in Schedule X hereto, or to the like effect, such elector shall, if not otherwise disqualified, be allowed to vote at the lastmentioned polling-place. (3) The The Licensing Act.-1908. (3) The said presiding officer shall retain all certificates produced to him, and all declarations made before him under the next preceding subsection, and forward them, and a list of them, with the New ballot boxes to the Returning Officer, who shall file them in his office, or forward them to the Returning Officer for the said State. PART V. DIVISION I. (4) Any person who wilfully and corruptly makes any false New. declaration under the provisions of this section is guilty of a misdemeanor, and shall be liable, upon conviction thereof, to be imprisoned for any term not exceeding two years, with hard labor. (5) A declaration made under this section shall not be deemed to 789 of 1902. be a declaration within the meaning of the Second Schedule to "The Stamp Act Amendment Act, 1902." with. 182. The classes of licences to which this Part applies are the Licences to be dealt following, namely:---Publicans' licences, wine licences, storekeepers' Australian wine licences, storekeepers' licences, and registration of clubs. 183. (1) The resolutions to be submitted at a local option poll are Resolutions to be the following: 1. That the number of licences be reduced: 2. That the number of licences be not increased or reduced: 3. That the Licensing Bench may in their discretion increase the number of licences: The above resolutions are hereafter in this Part referred to as the first, second, and third resolutions respectively. Until altered by regulation the ballot paper may be in the form provided in that behalf in Schedule X hereto : (2) There shall not be separate ballot papers with reference to the separate classes of licences, but one ballot paper shall apply to all classes of licences, subject to the following explanation: (a) As to each class of licence of which there are not less than three licences current within the Local Option District at the date of the poll, the first resolution shall be taken to mean that the number of licences so current be reduced by one-third of such number: Provided that where such one-third is a mixed number the fraction shall be disregarded and the integer be deemed to be such one-third, and submitted at local option polls. Ibid, sec. 5 (3). Act 897, 1905. 8. 5 (4). (b) As to each class of licence of which there are less than three Act 897, 1905, licences or no licence so current, the first resolution shall be taken 8. 5 (6). as equivalent to the second resolution. (3) On the ballot-paper each resolution shall bear the number given to it in subsection (1) of this section. 184. Each elector may record only one vote on his ballot-paper, How to vote. and such vote shall be counted as recorded in favor of the resolution Ibid, s. 5 (5). in favor of which it purports to be given. 185. The PART V. DIVISION 1. Effect of vote. Ibid, s. 5 (7). Electoral rolls to be deemed correct. The Licensing Act.-1908. 185. The following provisions shall obtain in regard to the votes recorded at a local option poll: (a) If the votes recorded in favor of the first resolution constitute a majority of the valid votes recorded at the poll, the first resolution shall be adopted: (b) If the votes recorded in favor of the first resolution do not constitute a majority of the valid votes recorded at the poll, the votes recorded in favor of the first resolution shall be added to the votes recorded in favor of the second resolution: (c) If the sum of the votes thus found constitutes a majority of the valid votes recorded at the poll, then the second resolution shall be adopted: (d) If the sum of the votes thus found does not constitute a majority of the valid votes recorded at the poll, then the third resolution shall be adopted. 186. For the purpose of a local option poll the electoral rolls in force at the time of the poll shall be accepted as correct, and their Act 897, 1905, F. 5(8). Correctness shall not be inquired into by any Court, Bench, tribunal, or person whatsoever. Declaration of determination of electors. Ibid, s. 5(10). Scrutineers may be appointed. Ibid, s. 5 (9). Adapted. 187. The Returning Officer, at the conclusion of a local option poll, shall proceed to count the votes recorded thereat for the various resolutions voted upon, and shall as soon as practicable, by advertisement in the Gazette, declare the determination of the electors at the poll, and the Gazette containing such advertisement shall be conclusive evidence that the poll has been validly held and duly taken, that the votes have been correctly counted, and that such determination has been correctly ascertained and duly declared. Such declaration may be in the form provided in that behalf in Schedule X hereto. 188. The Governor may make regulations to provide for the appointment of not more than ten scrutineers to act at each polling-place at a local option poll, and every scrutineer so appointed shall, so far as is consistent with this Act, have the same rights and powers as are conferred upon scrutineers by "The Electoral Code, 1896," or any Act amending or substituted for the said Code: Provided that such regulations shall contain provisions which will enable holders of each class of licences which may be affected by such poll to appoint one of such scrutineers, and provisions which will enable those who are in favor of reducing the number of any class or classes of such licences to appoint one of such scrutineers for each of such classes of licences; and shall also contain provisions which will enable the appointment of scrutineers to act on each side in respect of classes of licences of which there are no licences current ; and provided also that until such regulations are made the regulations numbered 8 to 13 inclusive in Schedule X hereto shall apply to the appointment of scrutineers. 189. (1) All The Licensing Act.-1908. 189. (1) All local option polls shall be taken by ballot. of PART V. DIVISION II. local option polls. 2) Such polls shall be taken in the manner prescribed by the Regulations as to regulations as to polls in Schedule X hereto, but the Governor may, mode of conducting by Proclamation, repeal, alter, or amend such regulations, or any them, and make regulations prescribing the mode in which such polls are to be taken in substitution for, or in addition to, the regulations in such schedule. 190. No local option poll shall be held to be void on the ground of any error or omission in any matter of form or procedure, or for non-compliance with any such matter, or on any other ground whatsoever, unless such error, omission, non-compliance or other ground is proved to have affected the result of the poll. This section shall not be regarded as diminishing the effect of any of the provisions of this Part. DIVISION II.- THE ENFORCING OF THE FIRST RESOLUTION. Act 666, 1896, s. 30. Act 897, 1905, s. 8. s. 70, adapted. 191. (1) If the first resolution is adopted at any local option poll Bench for giving in any Local Option District, a Special Bench shall be constituted effect to resolutions. for the purpose of effecting a reduction of the number of licences N.S.W. 40, 1905, in such district in pursuance of the resolution so adopted at such poll. (2) Hereafter in this Division of this Part the local option poll at which such resolution was adopted is called "the poll,” the Local Option District in which the poll was taken is called "the Local Option District," the Special Bench constituted for the purpose hereinbefore mentioned is called "the Special Bench," and the resolution so adopted is called "the resolution." (3) The Special Bench shall consist of three members appointed by the Governor by Proclamation published in the Gazette. A Special Magistrate shall be appointed to be one of the members of the Special Bench, and to be President thereof. Such President is hereafter in this Division of this Part called "the President." No person shall be appointed a member of the Special Bench who is not either a member of a Licensing Bench, or qualified to be a member of a Licensing Bench. (4) The members of the Special Bench shall be appointed within one month after the publication of the Gazette containing the Returning Officer's declaration of the determination of the electors at the poll: Provided that if any member or members are appointed at a later time, neither such appointment nor any proceedings of the Special Bench shall for that reason be invalid: Provided also that in the case of the death or resignation of any member another member may be appointed as aforesaid in his place. (5) The President shall preside at all meetings of the Special Bench, and the Special Bench shall be duly constituted if the President and one other member are present. (6) The President may appoint any person to be clerk to the Special Bench, and may appoint any other officers deemed by him. necessary |