BREACH OF THE MUNICIPAL ACT.

Manawatu Herald, Volume XLI, Issue 2058, 22 November 1919, Page 2

BREACH OF THE MUNICIPAL ACT.

PICT UP E THEATPE PROPRIETORS FINED.

The cc.sc against W. Hamer and Son for showing pictures in an unlicensed building 1 , which was heard at the last sittings of the Magistrate’s Court, and adjourned for the purposes of allowing the parties to confer with a view to arriving at a settlement, was con eluded at yesterday’s sitting.of the Court. The Magistrate said that he understood. that Messrs Hamer and Son had agreed to carry out certain alterations, and that a license had now been granted. Mr W. Hamer said that in connection with this matter a great deal of spile had been shown. He mentioned that the Pcpa trial ion Department had made an advance to his son to allow him to go into this picture business, and unless a license was granted there was no chance of this money being refund-

' Tlio Ala gist rate: Bui I understand tlie* license has been grunted. Mr Hamer: Only a temporary license to the end of I lie year. The (ire-escapes in the building mnv totalled dO feet, whereas according' to the hy-laws only 110-V feet was required. The. boast was being made by Councillors that a permanent license would bo blocked.

The Magistrate: If your building is in proper order, and the Council 1 lion refuse to issue a license, you have your remedy by making an application to the Supreme Court to compel (be issue; of a license. There was no doubt that defendant, did carry on without a license, which was an offence under (lie Municipal Corporations Act. lie didn't think any offence had been committed under the bv-laws.

Air Moore said iie must agree that the by-law on the point was not very clear. A3r Hamer said that he had closed down the Uieatre inunediately he found out the position last Court day, until Hie license was 'issued. Until then he did not know it was an offence under the Municipal Corporations Act. He asked that in view of all the circumstances no penally be indicted. ’

Air Moore said that Air Hamer could hardly claim that he did not know (lie position, as ids (Air AJoore’s) opinion given to the Borough'Council was published in full, and really Air Hamer had received legal advice in this way free of chafP. i

The Magistrate said it was no excuse that one did net know'the law. Mr Hamer should have obtained legal advice. Everybody was supposed. to know the law, and ignorance of it was no excuse. Defendants would be convicted and lined £lO, with costs 7s and solicitor’s fee £2 2s Od.