MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2462, 15 May 1915, Page 15

MAGISTRATE'S COURT

THE CITY HOTEL CASE

LICENSEE AND BARMAN CONVICTED. Reserved judgment was dolivored by Mr. D. G. A. Cooper, S.M., in the Magistrate's Court yesterday, in respect to the case iu which Marshall Jolm Donnelly, licensee of the City Hotel, was charged with permitting drunkenness on his premises and selling liquor' to a person already in a state of intoxication. The hearing of the case was commenced on March 31, and concluded on May and ill respect to it an information was also preferred against the barman of the hotel, James Maher, that lie supplied liquor to a person a'ready in an intoxicated state. After reviving the evidence given in the i.'ase, the Magistrate said that it clearly established tlio fact that Wetherall (the man found in the bar) was undoubtedly crunk, and so drunk that when ariested 011 the charge immediately after being found in the hotel, he K'ld to be assisted the whole way from the liotp' to the Manners Street Police' Station. The following day, when he was brought before the Magistrate, Wetherall pleaded cuilt.y to drunkenness. On the facts as found, therefore," said the Magistrate. "that Wetherall, a person already in an intoxicated condition, was supplied by the barman, I must convict the barman of the charge preferred against him.

Referring to the charges against the licensee, the Magistrate \said he had carefully perused the authorities cited by Inspector Hendrey and counsel for the defence (Mr. J. J. M'Grath) and was of the opinion that such authorities clearly established that where the accredited agent of the licensee permitted a person in an intoxicated stated to remain on licensed premises for an appreciable' time,,, the licensee was responsible for the "acts of his agent. Following the. authority of Williams v. Jones, a quarter of an hour, as admitted in the case under notice, was a sufficient time to establish a permission to •remain, and he must therefore convict the licensee of the charges brought against him.

Maher was 'fined £3, with costs 95., in default fourteen days' imprisonment, and Donnelly fined £2, with costs 75., in default fourteen days' imprisonment, for permitting drunkenness, and fined £1. with costs 75., in default seven days' imprisonment, on the second charge. Leave to appeal was granted in Donnelly's case, security being fixed at £12.

GROCERS' OVERTIME. A case of considerable interest to the grocery trade was one in which the manager of the Wairarapa Farmers' Co-operative Association, Ltd. (Robert Alfred Scott), was proceeded against by the Labour Department's Inspector (Mr. W. Slaughter) for employing two assistants after 6 p.m. on more than one day in the week ending April 3. Mr. Scott pleaded guilty. The case, he said, touched upon a very important principle, and it was practically impossible for grocers to abide by the law owing to the fact that permits to work overtime had .been refused by the Department. It was absolutely necessary, said Mr. '■ Scott, for the men to work after the hour mentioned. While the hours of labour in the grocery trade were regulated by tho Arbitration award, there was always ample provision for working overtime, but when these hours were regulated under the Shops and Offices Act of ISOB (a general Act dealing practically w;ith all shops), tho clause relative to working overtime was inserted as follows:—"For the purposes of stock-taking or other special work uob being the actual sale of good's, such working hours may, with the previous written consent of the inspector, bo extended, etc."

The Labour Department's interpretation- of the clause was that a specially busy time did not come under the heading of special work, and refused to grant a permit to work overtime.

Mr. Scott went on to refer to a deputation which had waited on the Prime Minister in September, 1912, and which was promised redress in this respect. An amendment to the Shops and Offices Act had been brought down last year, giving redress, but had been dropped with other-contentious measures at the outbreak of the war. XJnder the, circumstances mentioned, Mr. Scott asked the Magistrate 'to dismiss tho case.

Mr. Slaughter replied that tho Department had had no trouble with other grocers, and there was no reason why defendants should not comply with the law. The Department contended that the mere handling of goods was a sale.

The Magistrate fined defendant £1 with costs on each information, and imposed a similar penalty on' Symonds Bros, for a similar offence.

BY-LAW BREACHES. Hugh Lawrence Greer was fined 65., with costs 17s. 6d., on each of two charges of committing breaches of the Johnsonville by-laws. Edward Barnes was fined 55., with costs 75.-, on each of two charges, one of failing to have a tail-light affixed to his car. and the other of leaving his car without a light.

F. C. Morris, WII9 had left a couple of oil-drums and some timber on the footpath in. Adelaide Road, contrary to the city by-laws, was convicted and discharged.

For allowing stock to wander, fines of 55.. with costs 75., were imposed on the following: George Bradnock, Alice Wickman (two charges), and W. G. Boulter. Similarly charged, Reid Bros, were convicted and discharged, and Florence Hendricksen fined £1, with costs 7s.

For driving their motor vehicles at night without the necessary tail-light tho following were penalised as mentioned Claude Cornforth, fined 205., with costs 75.; Charles Nunn, fined 10s., with costs 75.; Leonard Barber, Thos. Connolly, Francis Featherston Newman, and Fredk. Welsher, each fined 55., with costs 7s.

For other breaches of the city bylaws the following were penalised as mentioned: —Thomas Parnell, Arthur Tattle, each fined ss. with costs 75.; George EL Bradley and D. Jameson, fined 10s. each with costs 7s.

POLICE CASES. For using threatening behaviour in Cuba Street, John Ward and Martin Grogan were each fined 205., in default three days' imprisonment. James William Murdock Ross was remanded to Monday on a charge of disobeying a maintenance order, the arrears of which totalled £2. Louisa Tierney was convicted and discharged for drunkenness, and Gnod £2 or seven days' imprisonment, for using obscene language. Angus M'lnnes was similarly dealt with for drunkenness and indeccncy. Marion Cooinbor, charged with using obscaiio language, was convicted and ordered to come up for sentence when called upon, on condition that she consented to a prohibition order being issued against her. For drunkenness, Alfred Charles Halo was fined 205., with tho alternative of threo days' imprisonment, and James Leckie lined 10s., or 48 hours', imprisonment. For refusing to pay his tram faro wlton asked, Thomas M'Kolvin was convicted and ordered to pay costs, 13s. 'A CIVIL DISPUTE. A civil claim for £'150 damages for alleged warranting authorit-v not. possessed was h«ard by Mr. V. G. *id-

dell, S.M., the parties to the dispute being N. H. Pack, plaintiff, and Kcmsloy and Co. Proprietary, Ltd., defendants. After hearing the evidence, the Magistrate" reserved his decision. Mr. A. M. Salek appeared for plaintiff, and Mr. A. W. Blair for defendants.