Wanganui Supreme Court.

Feilding Star, Volume XVIII, Issue 145, 18 December 1896, Page 3

Wanganui Supreme Court.

o • The appeal case with regard to the Ashurst Hotel was heard before His Honor Chief Justice Sir James Prendergast, at the Supremo Court yesterday morning. The defendant (Nelson) had been convicted by R. L. Stanford, Esq. S.M., at Palmerston North, for permitting his premises, known as the Post Office Hotel at Ashurst. to be a brothel, and was fined £10 and his license cancelled. Against this conviction defendant appealed, one of the grounds of appeal as set out in the notice of appeal, being that the Magistrate erroneously dealt with the case under Section 151 of the Licensing Act, 1881, instead of under Section 29 of the Indictable Offences Summary Jurisdiction Act. An affidavit by the Magistrate had been filed, stating that be decided the case nnder the last mentioned Act. On behalf of tbe respondent, objection was taken to the jurisdiction of the Court, counsel contending that the appellant was bound by his notice of appeal, which stated that the conviction was under the Licensing Act and that the appeal nnder that Act should have been to the District Conrt. Counsel for appellant argued the case must have been heard under the Indictable Offences Summary Jurisdiction Act, as section 15 of the Licensing Act does not constitute an offence, but merely provides an additional punishment that can be inflicted on an innkeeper already convicted by a proper tribunal of the offence referred to in the section. His Honor sustained the objection, stating he was satisfied on the face of the proceedings, that the case was tried nnder Section 151 of the Licensing Act, and thtt section, though tbe wording of it was open to criticism, did create an offence punishable summarily. The appeal against the conviction should have bt-en to the District Court— the Supreme Court had no jurisdiction — and the appeal, therefore, was struck out without coals.— Chronicle.