LICENSING CASE.

Gisborne Times, Volume X, Issue 943, 16 July 1903, Page 3

LICENSING CASE.

By Telegraph—Press Association. Wellington, last night. The Newtown licensing case was re Burned in tho Appeal Court this morning. Judge. Cooper being sufficiently recovered to take his seat on the bench. Mr Skerrett resumed his argument in support of tho motion for a mandamus, and cited other cases as to the principles upon whioh Acts of Parliament should be interpreted, with special references to cases whon general restrictions havo boen limited by the general scope of tbe statute. Messrs Levi and Young followed. ... Mr Adams began the defence m tho Newtown licensing case to day. He submitted that a license has. no vested right of renewal, save as in clause 12 of the Act of 1893 ; that section 21 is not applicable to the present conditions, and cannot be made to have a general application; that tho provision of tho Act of 1881 allowing another poll is in force and covers this ; that tho allegod anomalies and absurdities if they exist must bo accepted and canuot*be got rid of by any reasonable interpretation; that tho wholo poll was voided, and thoro was no determination ; that the operation of tho Act of 1895 is not temporary. Later.—ln elaborating his arguments, Mr Adams pointed out that the Act of 1893 was an entitled Act to give people greater control over granting and refusing 6f liconsos, whence it came that liconsos had no vested right to renewal, which donended on the result of the poll when taken. Section 75 of the Act of 1881 is unrepealed, and the discretion there given to tho committee still exists. Section 21 of the Act of 1893 only applies to districts divided into parts, and in any case is limitod by the words, “ until the period arrives for taking tho noxt triennial poll. Lotion 82 of tbe Act of 1881 was the solution of all difficulties of the case. - Another poll could bo held by warrant of tho Governor. As to anomalies and absurdities, whatever they were, they must have existed at the poll m 1896, and why should they not continue to oxist ? The Court could not make the extensive alterations and exceptions suggested by Mr has not yet finished. During fhe course of the argument tho Chief Justfco suggested that a magistrate may not have jurisdiction to void a poll, as it is only the result of the poll, that is tbe correotnesa of the votes, which he can enquire into.