LAW REPORTS.

Dominion, Volume 8, Issue 2449, 30 April 1915, Page 3

LAW REPORTS.

SUPREME COURT SLY GROG-SELLING . AN APPEAL DISMISSED Reserved judgment was given by Mr. Justice Cooper in the Supreme Court, yesterday in tlie case in which John Ernest Kidner appealed against the decision of Mr. D. G. A. Cooper, S.M., convicting him of being the occupier on March 7 last of unlicensed premises in Holland Street, Wellington, on which liquor was sold. - The facts disclosed wore that one Williamson was convicted of having sold liquor (two bottles of beer) to two police constables on a Sunday morning, and it was contended that ho obtained the beer from Kidner's house, in which 87 bottles of beer were subsequently found, when a raid was made by the police.

In the course of his judgment Mr. Justice Coopdr said: "In my opinion, the evidence of the sale on March 7 by Williamson to the two constables is sufficiently connected with the promises to establish that a part of the transaction occurred there. The constables paid to Williamson for two bottles of beer in Tory Street, about 30 yards from .No. 14, Holland Street. The beer was not then delivered to them,' but it was proved that Williamson took the. money, then went with it in his possession to_No. 14 Holland Street, and there obtained tlie'two bottles containing beer, thd handed tliem to the constables'. The Magistrate was entitled to presume from this evidence that the beer was, in fact, either purchased by Williamson from some person at 14 HolIsnd. Street, or that Williamson was the agent for some person in those premises tor the sale of, the beer kept oil the premises. In fact/ the evidenco presumptively connected the premises in Holland Street and some person in those preifiises with being privy to the sale of tlie -heer to tho constables." Kidner admitted that he and his wife were the sole occupiers of the house, and lie held therefore that there was prima facie evidence upon . which the Magistrate was justified in holding that the appellant was privy to or consenting to the sale of the beer. He hels that the Magistrate was right in convicting' tlie appellant, and dismissed tho appeal with £5 ss. costs. Mr. E. G. Jellicoe' appeared for the appellant, and Mr. P. S. K. Macdssey for the Crown.

A CANTERBURY CASE. In the Supreme Court Mr. Justice Dsnniston delivered a lengthy judgment in a Canterbury case, • between the Timaru Brewery, Davis, Ltd., and others v. Arthur Roscoe Vernon Morten, an originating summons for a declaration under S.ection 179 of the Licensing Act, that a refusal of the defendant, owner and landlord of certain licensed premises,.'to consent to a sub-lease of the said premises from the plaintiffs to one Geo. M'Donald was arbitrary and unreasonable. _ His Honour considered that refusal in the present case was unreasonable and that' the plaintiffs should have' the order asked for.