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virtue of any enactment, a right to enter—it only applies
where there is the right infact—'and entry is refused, then
the following provisions shall apply, if a Justice is satisfied
by Information on oath that there is reasonable ground for
such entry.' Now it is not, if he is satisfied that the right
exists, because it starts with the assumption that the right
exists, but then it says that he must be satisfied that there
is reasonable ground for the entry; that is to say he
must be satisfied that there is reasonable ground for
exercising that right which ex hypothesi exists, because
otherwise the section would not apply at all
he must be satisfied that there is reasonable ground
for exercising that right in respect of the premises
in question. It follows from that that the mere statement that
the right does exist cannot be of itself a ground for saying
' I want to exercise it in this particular case.' You must say
something; and this lady, for some reason, did not say anything
at all. She says ' very well, in every case where the right
exists, without giving any reason for saying why I want to
go into these particular premises, the Magistrate is bound
to give me the right to enter into these particular premises.'
I venture to think the Legislature has said clearly:
No. They have interposed a stipulation that the Magistrate
is to be satisfied that there is a reasonable ground for
exercising the right in the particular case. Something
must be said. In this particular case they said nothing;
and consequently, as Mr. Macmorran has said, if that is so,
you can go to a Magistrate, and go into every house within
the district. Possibly if she had said there were special
circumstances existing with reference to the school, such as
the various things which have been suggested, that might
have been enough ; but she has not said anything at all,
except that the right does in fact exist. It is quite clear
that the existence of the right cannot be a reasonable
ground for exercising the right, when it follows a section
which begins by assuming that the right does exist.
" It seems to me, therefore, quite clear that the
Magistrate was right in this case, and that the appeal must
be dismissed."
So far as the writer is aware, no attempt has been made,
or is likely to be made, by the Sanitary Officers of this