III.—Licensing Districts—Licensing Magistrates and Regulations.
Present licensing districts.
. The present licensing districts shall be licensing districts under this Act.
. The licensing magistrates for a licensing district shall be the police or stipendiary magistrate for the time being appointed to act at the court or courts of petty sessions held within such district and two other justices of the peace, and such two justices shall in the month of January in every year or as often as a vacancy shall occur from death resignation or other causes be nominated by the majority of and from amongst the justices resident within such licensing district (not being interested in the manu-
facture or sale of fermented or spirituous liquors or in any premises licensed or proposed to be licensed) in petty sessions assembled for the purpose at some place in the said district to be appointed by the Governor in Council, and such two justices with such police or stipendiary magistrate shall be the licensing bench during the year. No justice of the peace unless appointed a licensing magistrate shall have any jurisdiction in granting renewing or removing any license. The licensing magistrates now in office (not being police or stipendiary magistrates) shall hold their offices respectively until the petty sessions to be held under this section in the month of January One thousand eight hundred and seventy-seven; and any vacancies occurring among them from death resignation or other causes shall be filled up as if they had been appointed under this Act. The licensing magistrates retiring at the end of any year may be re-appointed, and if from any cause licensing magistrates have not been appointed in any year to succeed the retiring magistrates or have not been appointed at any time to fill any vacancy which may have occurred then it shall be lawful for the Governor in Council if he think fit to appoint licensing magistrates to succeed the retiring magistrates or to fill any vacancy, but in default of and until any such appointment by the Governor in Council the retiring magistrates or the continuing magistrates as the case may be may continue to act as the licensing magistrates of the district until their successors are appointed or such vacancy is filled as the case may be. No objection shall be made to any licenses granted renewed or removed in pursuance of this Act on the ground merely that the justices who granted renewed or removed the same were not qualified to make such grant renewal or removal.
If in any case two or more police or stipendiary
Licensing stipendiary magistrates.
magistrates are respectively appointed to act at different courts of petty sessions within the same district then every such police or stipendiary magistrate respectively shall at every licensing meeting held
under the provisions hereinafter contained at any court of petty sessions at which he is appointed to act, and any adjournment thereof be for all the purposes of this Act one of the licensing magistrates for the district wherein such meeting is held.
If in any case no police or stipendiary magistrate shall have been appointed to act at any court of petty sessions at which a licensing meeting is held as aforesaid then the police or stipendiary magistrate for the time being appointed to act at the court of petty sessions nearest to such first-mentioned court shall at such meeting or any adjournment thereof for all the purposes of this Act be one of the licensing magistrates for the district wherein such meeting is held.
. The regulations heretofore made by the Governor in Council and published in the Governwent Gazette
on the twenty-fifth day of January One thousand eight hundred and seventy-one shall, except so far as inconsistent with the provisions hereof, be regulations under this Act.
Governor in Council may make regulations.
The Governor in Council may from time to time make alter and repeal regulations not being inconsistent with the provisions of this Act altering and repealing the present regulations and correcting any error therein, and also altering the present and future licensing districts for the time being, defining others in lieu thereof, creating fresh districts and correcting any error in relation to such districts respectively and also for defining who shall be or appointing licensing stipendiary magistrates and prescribing the mode of conducting elections of licensing magistrates and defining where such elections shall be held and regulating the way in which the votes of the licensing magistrates shall be taken and for any other purpose whatsoever connected with the execution of this Act whether of the same kind as the purpose hereinbefore mentioned or not; and every such regulation shall upon publication in the Government Gazette
and while the same is in force have the same effect as if it were enacted in this Act.