Walker v Solomon [1890] NSWLawRp 36; (1890) 11 LR (NSW) 88 (22 May 1890)

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Resource Text: Law Report
Title Walker v Solomon [1890] NSWLawRp 36; (1890) 11 LR (NSW) 88 (22 May 1890)
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Abstract/Description The defendant was the owner of a theatre, and authorised its use on a certain Sunday evening for a concert at which a musical programme was performed. The public were admitted by tickets, which were purchased at the doors. The defendant held the written permission ~f the Colonial Secretary to use the theatre on Sunday for the purpose of such entertainments, such permission purporting to be given under the 14 Vic. No. 23. The plaintiff sued to recover a penalty of 2001. under the 21 Geo. Ill. c. 49, s. 1, which prohibits any house or place being opened on Sunday for public entertainment or amusement to which persons are admitted by payment. Held, that the 21 Geo. Ill. c. 49 is in force in New South Wales both as part of the law regulating Sunday observance, which the first colonists brought with them to this colony, and also by virtue of the 9 Geo. IV. c. 83, s. 24, and that the defendant was liable to a penalty of 200l. Held, also, that the Colonial Secretary had no power to issue any license or permission to open the theatre on Sunday.
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Date Issued 22 May 1890
Holding Institution Australasian Legal Information Institute
Language English
Citation Supreme Court of New South Wales, Walker v Solomon [1890] NSWLawRp 36; (1890) 11 LR (NSW) 88 (22 May 1890), Australasian Legal Information Institute, 22 May 1890
Data Set AusStage
Resource Identifier 74405