High Court of Australia
1CLR.] OF AUSTRALIA. 513
manufacture, nor any spirits, without taking out another licence, H.C. oF A. so that he requires two licences. That, however, is an incident poe
to all regulation of trade. The person subject to restrictions is at pprrswatp disadvantage as compared with others who are not subject to py those restrictions. That is incidental to freedom of trade and
commerce within the Commonwealth, but it is not in any way an
jection to the validity of a law regulating the manufacture.
For all these reasons we are of opinion that this licence fee is
'not a duty of excise within the meaning of sec. 90 of the Consti-
tution, and that the Statute is not affected by the imposition of
uniform duties of Customs throughout the Commonwealth, and
at the respondent was guilty of the offence with which he was
arged, and should have been convicted.
Appeal allowed. Order of the Supreme Court discharged. Case remitted to the Police Magistrate with a direction to convict. Respondent to pay the costs in the Supreme Court and of the wppeal.
Solicitor, for the appellant, The Crown Solicitor of New South
(HIGH COURT OF AUSTRALIA.]
'oll, CDONALD Se Nicholas . : 'i : . APPELLANT;
(900) 1 VRAND
ARE ' : ; 3 e F . RESPONDENT.
ON APPEAL FROM THE SUPREME COURT OF
NEW SOUTH WALES, H.C. oF A.
1904. Games, Wagers and Betting Houses Act, No. 18 of 1902, sec. 4—Special warrant—
=. Form of—Address to police force at large—Motion to rescind special leare— Sypyey, _— Matter of public importance. 'Sept. 1, 2.
A special warrant under sec. 4 of the Games, Wagers and Betting Houses = ——
dt, 1902, may be addressed to members of the police force of New South Wales Gritith, c.1, : t nerally, and need not mention any constable by name. O'Connor, J.
A.C. of A. 1904. es
MacDonaLp vB Beare.
HIGH COURT (1904. 'The distmnction between special and general warrants at common law con-
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