MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1316, 20 December 1911, Page 3

MAGISTRATE'S COURT.

LABELS ON WHISKY. ft. I THE PANAMA HOTEL CASE. | PROSECUTION FAILS. § Mr. W. G. Kiddcll, S.M., dclimed ic- § served judgment yesterdoy in the ease in K which the police proceeded against John RS (,'harles .Mason, licensee of the Panama g£ Jlot<-l, for a breach of Section 210 of the fc{ Licensing Act. , Js It was alleged that on October 1G Mason bj had refilled a "Mackinlay" whisky bottle ffl with liquor for sale without having de- || stroved the label. Sub-Inspector Shrehnn ft prosecuted, and Mr. F. (J. Ualziell an- jjj pfiiretl for the defendant. ft On Monday evidence for the prosecu- K tion had been given by Constable Greene, E Inspector of Weights'and Measures, Ser- K gcant M'Crorie. of .Mount Cook, and by R ]>. M'Laurin, Dominion Analyst. It was j.; not alleged that the liquor was reprc- B sented as llackinlay's whisky. It was, in H fact, admitted that it was, not. R Afr. Dalziell, for the defence, had con- fi tended that the Act was framed to deal | with the practice of bottling liquor for | sale in New Zealand, and representing it B as Hquor bottled elsewhere. It was plain fj that the liquor had not been represented |- as Mackinlay's, and that it was not for «J sale as a bottle of whisky. Further, there | was nothing in the Act to make the | licensee liable fcr the action of his ser- fi vant. Counsel had called Aland Ilamer, | the barmaid, who had stated that on the | day in question the bottle that had the | Mackinlay label was being used as a de- | canter. C In giving judgment yesterday, his Wor- l ship said that, both informations must. (j lie dismissed. He had no reason to' doubt E the evidence of tho .burmnij, and after | hearing her he was of opinion that the jj informntiou did not come within the | wording of Section 210 of the Act. ( OTHER CASKS. j John Taylor pleaded guilty to a charge of drunkenness and tc a further charge of indecency. For the first offence accused was convicted and discharged, and tyi the second charge a fine of £i, with witnesses' expenses Bs., was imposed. Default was lixed at fourteen days' imprisonment. Joseph Thomas Barrett w_as convicted and discharged for drunkenness, and fined .£3, with the alternative of fourteen days' imprisonment, on another charge. A first-offending inebriate was lined lis., with the option of 21, hours' imprisonment., CIVIL BUSINESS. (Before Dr. A. M'Arlhur, S.M.) ' Judgment by default was given for plaintiffs in the following undefended eases:—P. C. Walt v. Richard Ayres, lis. Id., costs 125.; Jas. Leckie'v. A. Peterson, .02 IDs. lid., costs 10s.; Albert Henry Hunt v. Thos. W. Macauley, .til IBs. Id., costs XI 12s. (id.; J. B. Clarkson and Co., Ltd., v. Kobt. Sachs, .£l7 7s. Gd, costs 155.; Glins. Pratt and Co., Ltd., v. Robert Fitzroy Snensley, .£33 3s. 10d., costs ..£2 145.; John Norton v. Albert Swimlale, £6 10s„ costs .£1 3s. lid.; Wellington Publishing Company, Ltd., v. H. D. Morton and Co., 7s. Gd., costs os.; Wm. Riley v. Thos. O'Neill and Mrs T. O'Neill, XI. costs lis.; Wellington Woollen Manufacturing Company, Ltd., v. Andrew F. Donoghue, .£9 2s. Id., costs <S1 Bs. fid.; Scoullar Co., Ltd., v. D. S. Wylie, .£3O 35., costs .£3 'Ms.': Frank Grady v. F. Ihirston Frankland. J$ 195., costs v£l 3s. Gd.; P. G. Jeffrey v. T. Shelly, .81 17s. 6d„ costs 55.; ' Fl. W. Davics and Co. v. A. K. Boyd. Xl 7, costs JBI 12s. Gd.; 11. Baker v. H. Silk, 12s. Gd., costs as.; same v. Harry M'Leod, <£3 65., costs os.; Kirtcaldie aiid Stains, Ltd., v.. Wm. G. Taylor, £\ 155., costs Bs.; Wellington Traders Agency (assignees Kemptliorrie and Prosser New Zealand Drug Company, Ltd.), v. K. M. Blanchard, .£l2 18s. 9d., costs. XI 10s. Gd.; same v. Leo Keith Kleiuen-Hagen, costs as.; Arthur Forrest v. John Snaddon, JEM 75., costs 10s.; Miller, Midlano and Co., Ltd.. v. C. H. Hinklev, XlO 45., costs XI 10s. Gd.; E. W. Mills'and Co., Ltd., v. Ernest Horsman, XI 19s. 9d., costs 55.; Commercial Agency, Ltd., v. Arthur Bailey, X 7, costs XI 3s. 6d.; J. O'Brien and Co; v. D. Johnston. 4s. 6d. t costs 55.; Stewart Timber, Glass, and Hardware Co., Ltd.,. v.,Carolino-Wallace, X 3 15s.' 2d., costs Bs. \ JUDGMENT SUMMONSES. ! Geo. Rowe was ordered to pay X 7 13s. S Id. to Daniel O'Connor on or before s January 8, 1912, or undergo seven days' j detention. r In the case of H. Wise and Co. v. jj nenare T. M'Donnell, a claim lor X 3 Gs. M Gd., defendant was ordered to pay the A amount on or before January 8, 1912, in t1 default three days' imprisonment. 3 B. Welshy was ordered to pay Xl 9 12s. to Gus. Feichen on or before January 8, 1912, in default fourteen days' imprisonment.