LICENSING CASE

Dominion, Volume 9, Issue 2860, 26 August 1916, Page 7

LICENSING CASE

AN INTERESTING LAW POINT

Mr. L. G. Keid, S.M., presided at the Magistrate's Court yesterday.

The police proceeded against Harold Rrown and Co., wine and spirit merchants, on a chargo of sending to Masterton, a No-License district, a package containing liquor without, such package having distinctly written or printed on tho outside thereof a statement that it contained liquor. Inspector Hendrey appeared for the prosecution, and Mr. J. J. M'Grath for the defendant company.

Inspector Hendrey, in outlining the case, stated that in May last a yoivng man called at the defendants' place of business aiid ordered a certain amount of whisky to be r.ent to a publican in "Wliakatalci, which is a licensed district. The man was asked if ho was Mr. .Morrison, the publican, hut replied that he was acting for him. The whisky was packed as directed, and sent to the address as ordered, but it was labelled "Glass." It was sent by rail to Masterton, and the regular carrier from Wliakatalci took the package from Masterton to destination. There was no suggestion that H. Brown and Co. did not act in good faith. The question was whether in a ease of this character the provisions of the Licensing Act had to be complied with, and the Clerk of tho No-License district notified of the transit of the package.

For the defence it was urged. that the usual practice when sending liquor into 11 Licensing district was to disregard the fact that m course- of transit it had to pass through a No-License district.

The Magistrate jn dismissing the case stated thai the position might be different if iu course of transit-, the liquor was allowed to remain in a No-License, district For any length of time.

BY-LAW CASES. The Following by-law cases were dealt with:—.l<\ Garland and Lloyd Moor for leaving their vehicles unattended ,-ivero convicted and each ordered to pay costs, 75.; and W. Roberts, for a similar offence, was fined 10s., and ■ costs 7s. F. Law, for leaving a motor-car unattended, was fined 10s., with 7s. costs. For driving a motor-car without lights, L. Mac Pike was fined 205., with costs 75.; and John Shirley was fined 10s., with 7s. costs. James Vare, for failing to stop his vehicle when ordered to do so by the police, was convicted and ordered, to pay costs, 75.; and E. Walker, for driving a horse and express round a corner at more than a- walking pace, was convicted and ordered to pay 7s. costs. BAD LANGUAGE. A young man was convicted of using bad language while riding in a corporation tramcar. A plea for lenient treatment was urged, but the Magistrate said that, the use of bad language in public places was much too frequent, and he must impose a line. The accused was fined 205., with costs 7s. EXPRESS AND ENGINE. Ernest Paulsen, driver of an express, was charged with a broach of the railway by-laws in driving a vehicle over tho Davis Street railway crossing while an engine was approaching. ' Mr. P. C. Mscassoy appeared for the Railway Department, ;uul called several witnesses. A. E. Becclier, the driver of the engine, slated that when about 200 yards from the crossing he gave a long whistle, in'' accordance with the regulations. When ho saw the express he blow another long whistle. Tho express' stopped, but the horso' seemed unmanageable, and the expressman after. a. little hesitation tried to drive over the crossing. AVitncss immediately applied the emergency brake, but the engine struck Hie express. The driver of the vehicle ,vas thrown out, but not injured; neither was tho horse hurtOther witnesses gave corroborative evidence, and defendant was convicted and (ined 405., with 19s. costs. A SAILOR IN TROUBLE. Lawrence Donnelly, a seaman on tho barque Maiiurowa, appeared to answer three charges: (1) Disobeying the orders of tho mate; disobeying the orders of the captain ; and (3) absent from bis ship without leave.' He pleaded guiltv to charges oiio and three, but not guilt'v to disobeying the captain. The hearing of this charge will be taken to-day, Mr. Ci. G. G. Watson appeared for the captain of tho Manurcwa.

SUNDAY TRADING. A conviction was entered apainst Harry Davis for keeping bis simp"open lor the purpose of trading on Sunday, July 30. ■ 'I iio offence was of a trivial nature. A small boy assistant sold sonio sweets to. another small boy on the date in question. . smiuttNcTraiiiH, drill. For failing to attend drill the following wore dealt with as under:— Victor Becker,- costs 75.; Kobert Kllice Ogdon, lined 55., costs os.; Thomas McLaughlin, lined os., costs 95.; Frederick' Leo John Ncsly, lined 55., costs f)s.; Henry Gordon Spencer, lined 55., costs 9s.

POLICE CASES. George Daniel Council, who had plonclcd guilty <m Thursday to being a rogue and vagabond in that ho hud been found on certain private premises in Willis Street by night, was fined 10s., in default three' day'u imprisonment. Michael John Jlorrise.v, who was charged with n similar offence, and whose case was adjourned in ..order that I a certain witness could attend to give ! evidence on his behalf, proved that he had paid for his lodging, and the charge against him was dismissed. Frederick Oarruthers, alias Ronald, alias Williams, alias Jackson, alias Ifampson, was charged willr the theft of £13 2s. oil. in money, the property iof James B. Faulkner. The alleged I theft was committed at Auckland, and a remand was granted till August 3i. Charlie Ching appeared to answer three separate charges of having kept a common gaming house. Jlr. f[. ]''. O'Leary applied for a remand till Tuiwday. and this was granted, bail being allowed in the sum of £50.

ALTIKGED BREACH OF CONTRACT. Further evidence was heard hv .Mr. V. G. Kiddell, S.JI., in the case of Ivo S. Joyce v. Simon Edilson, a claim to recover £100 for alleged breach of contract in non-acceptance of a consignment of fruit. The defendant counter-claims £50 for breach of warranty. Jtr. P. 11. Putnam appeared for the plaintiff, and JMr. D. Jackson for defendant. 'I'll? Court was occupied nearly the whole day on the case, and it was further adjourned for legal argument.