indemnity given by s.53.
8. Sub. s. (2) gives the police power to break into
adjoining premises if necessary and the innocent owner has no right
of redress (see s.46(3)). This may be a proper power to confer on
the police but provision ought to be made for compensation to the
innocent. In this instance it might be in the interests of the
police that they should be permitted to act when "reasonably
necessary" since an absolute necessity might be impossible to
establish and the section might be interpreted as confering a power
no wider than an easement of necessity.
Section 7
9. Since a gathering for a funeral in a public place is
not "exclusively" for religious purposes (even where it is partially
so it not only requires to be licensed but application for the
licence must be made not less than 7 days in advance.
This means
that either funerals must be held in a private place, or that there
must be no "meeting" (presumbly just the gravedigger and the
deceased), or that all funerals must be postponed until at least
Without
7 days after the death (an undesirable arrangement in a sub-tropical
climate). We recognise that the police must have power to control
meetings at funerals since they can be, and often are, used as
occasions of violent demonstrations and other disturbance.
the advantage of knowing the views of the Commissioner of Police on
this rather delicate subject we do not feel justified in suggesting
what powers of control should be conferred but we are of opinion
that the present licensing scheme is wholly inappropriate.
Section 9
10. We observe that the liability of the licensee to
remain is absolute. If he is taken ill or for other good excus e
prevented from being present throughout then there is a breach
4.