RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXIII, Issue 5323, 18 April 1878, Page 2

RESIDENT MAGISTRATE’S COURT.

Wednesday, April 1 7. ~ - (Before J. C. Crawford, Esq.',. K.M.) DRUNKENNESS. James Mercer was fined ss. for being drunk. Thomas Wood was also, charged with a like offence. The apprehending constable stated that accused was trying to commit burglary when arrested, and had to be"handcuffed. He was fined 10s., or in default forty-eight hours’imprisonment.,, Thomas Williams-was fined ss. for-drunkenness, and 3os. for breaking a window in Moore’s-Restaurant ; in default, seven days’imprisonment. . , . TRANSFER OF LICENSE. - Thomas Carter applied for a transfer of his license of the ICarori Hotel to Henry Carter. Mr. Barton appeared for.applicant, and Mr, Ollivier opposed. Mr.. Ollivier asked his, learned friend to show that he was'properly before the Court. The application, he contended, was not made in accordance with the terms , prescribed by the Act of 1874. It was obvious that applicant was a mere adventurer speculating upon getting a transfer, and if he did,not get one he would not have the hotel. Mr. Barton said his friend wanted to introduce a new provision into' the Act. He intended to produce some! curious evidence to show that the police. intended that the house should not have a license, and that a'transfer should not be granted to' anybody. Mr. Mace should not be allowed to rule the police. His Worship : Let us go by steps.- ..... .. Mr. Barton ; I am going; by steps, if your Worship pleases. lam going to produce evidence to show that Mace stated he .had the police with him. Mr. Crawford : Mr. Mace is not the magistrate. You might as well say that John Smith had decided that - a 'license should not be granted. The evidence would .be; extraneous. Mr. Barton : Yesterday I,.applied to the Inspector of Police to endorse that form in the usual way, and he said he .would not do it until the application came • before the Court. I saw at once the way the, cat was jumping. I submit my application is in proper form. Mr. Crawford : !- will- simplify rnatters at once, Mr. Barton. Schedule.,D of the Act states that a license' can only he granted to a person who has purchased the hotel business, or. who has had the lease-assigned to hirm Has the lease been assigned to the person? Mr. .Barton : No,.he is the original lessee. Mace and Arkell had a - lease of this place from one James Hinge, who is dead, and his interest is now'-vested in another person. Mrs. Hinge re-entered, and let the place to the present applicant, so that -he has'a fresk lease from her. The present-, applicant-and Airs. Hinge have requested the late lessee and licensee to agree to a transfer of license to the present applicant, which, for certain considerations, he has agreed to do. Mr. Ollivier said he had another objection to make. , , Mr. Barton ; I object to tins'sort’of- piecemeal thing in this Court. It is done too much in the other Court. Mr. Crawford: Will you attend to.the business of the Court. _ Mr. Barton: This piecemeal business is too common in this Court. Mr. Crawford: You must not instruct the Court. Mr. Barton: I am here to , instruct the Court. : ■ ~/ , Mr. Crawford; Not in that way. Mr. Barton; I am ready to .produce,evidence to show that Mr. Mace stated'that the hotel will never get a license because he has the police with him. . ; - , Mr. Crawford; The objection is a fatal one, and the transfer cannot be granted.