APPEAL COURT

Hokitika Guardian, 10 July 1929, Page 7

APPEAL COURT

SALE OF LIQUOR QUESTION. (By Telegraph—Per Press Association.) WELLINGTON, July 9. The Full Court, consisting of Chief Justice Myers, Jvis'tice Herdman, Adams and Smith are engaged to-day hearing the appeal of Charles Petersen, a police officer of Dunedin, from the decision of Air Orr-Walker S.M. in dismissing an information laid by him against Arthur Albert Paupe, licensee of the Grand Hotel Dunedin, on Jan. dist. 1929, charging Paape that being the holder of a publican’s license for the Grand Hotel, Dunedin, he did sell liquor at a place not authorised by the license. It was alleged by the police that defendant employed a commercial traviolleil named Smith to travel round obtaining orders for liquor. Smith called on one, Breen, at Timaru, and obtained from him an order for certain liquor on terms, delivery on receipt of cash. The liquor was forwarded by carriers to Breen. The Magistrate held the .evidence insufficient to establish a complete sale away from the hotel, and dismissed the charge. W. Currie appeared for informant and W. Perry for defendant. Air Currie, for the informant, said the appeal was taken on the ground that despite the acceptance of a contract which, in law, took place at the hotel, there was a sale, within the popular meaning of the word, at limaru, constituted by the actual delivery and payment there J and it was this sale which amounted to a breach of licensing acts. The word "sale” in the Licensing Act must he interrupted in the popular sense of the vo wl,

All* Currie submitted that the report'kl appropriation of the goods at the time when the contract was made at ■lie hotel in Dunedin could not hie mch as to establish a complete sale, nil that the actual appropriation, completing the sale, did not take place until the goods were delivered at Tiiparu. This substantial' part of- completion of ontract, occuripg at Timaru, amount-' id to a breach, of' the Act.' ■ • :

Afr Perry for the defendant, sub- • aitied that if the essential elements •if a sale take place on the licensed premises, even though the goods are lelivered off themj then no offence has' been committed. He contended that ill of the essential elements in this •ase took place at the hotel, and further, that there was actual appropria'.ion when the liquor was selected and pised, and. that then the property in he goods passed to the buyer. . Decision was reserved.