RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume III, Issue 51, 6 April 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

FOXTON. Wednesday, Avr.il 3rd, 1878. (Before R. Ward, Esq., 8.M., and E. S. Thynne, Esq., J.P.) The Resident Magistrate gave ;judgment m the case of Eansfiald v. B^van (which had come on for hearing here last Court day), and m doing so said that he almost believed the whole affair was a mere fabrication on the part of the plaintiff; the evidence had been most conflicting. He would give judgment for the defendant with costs, which, ■with solicitors' fees and witnesses' expenses, came to £8 6s. - L : There were three other cases before the Court, but they were of no interest. APPLICATION FOB TEMPOBABY TBAITSFEB OP LICENSE, Mr Staite, on behalf of Mr A. Howe, said he wished to make an application to the Bench, perhaps more oh behalf of a firm m Wellington than for the client he had named, for the Bench to grant a temporary transfer of license/from Mr Barnett, of the Foxton Family Hotel, to Mr Howe. It was important for Mr Howe to have the license, butit was far move important to the owners of the property that the Bench should deal with their house m the ordinary "way m granting a temporary transfer of license. He (Mr Staite) had understood that, an application had already, been' made, and was not actually decided m any way. There had been some -objections to the transfer, but- to-day he wished to know whe'her any objections were coming forward, and then he would have something to say on the matter. The Resident Magistrate said 'he had -atready given a decision on the matter,, and was iyery much surprised the same application had been, again irinde." - He had decided not to interfere m the temporary transfer of the license. The better thing, would be to make, an application to the Licensing Bench. ■ , Mr Staite said perhaps bis Worship was not aware that this was a fresh application he was about to tender to the Bench. He had a receipt for £2 for a temporary transfer, of the license. This he wished the Bench to understand was entirely a new application.- ; \ ; • The Resident Magistrate thought a temporary transfer would, not help the parties applying much. : ,:■ ,: Mr Staite asked the Bench not. to be prejudiced m the mean fime. He had no doubt that when the Licensing Bench met.'tlie application would be fully entered into. He here referred to evidence that Mr Cook gave at last meeting, wherein lie had stated that he had power on the lease of the premises. Mr ■ Staite admitted that Mr Cook had formerly had something/t o- do: with it, but had not now. .With regard to temporary licenses, 1 Mr Staite read m support of his argument the 24th section of the Licensing Amendment Act, .1874. l The Resident Magistrate said, supposing the case; were then gone into, he. would be . willing to hear objections. Mr'Staite, m explaining the power. the Chairman of the Licensing Court had when an application was made,, quoted m support the 13th section .of the Licensing Act; When, m reply, and dwelling on' the last words of the quotation, the Resident Magistrate said that was if he thought fit. The reason he did not grant-it was, that he did ndtthinkfit. , ; - Mr Staite said there was a statement made m which his Worship had been misinformed about his client.. The constable had \ihr formed them that Mr Howe was of delicate health, and the; constable m making that statement was bringing up the wrong person's name* His client had not been engaged m the Stamp Office as Mr Staite then read extracts from testimonials he hafd,' belonging^to his client, and advocated the necessity of granting a transfer of license. The Resident Magistrate, having consulted with Messrs Thynheand Rockstrow, mem-; bers of the Licensing Bench, said they had ■ come to the.conclusion not to alter his former decision. The application would therefore not be entertained;^ . ' .\; :