THE PUBLICANS AND SUNDAY TRADING.

Oamaru Mail, Volume I, Issue 308, 19 April 1877, Page 3

THE PUBLICANS AND SUNDAY TRADING.

♦ (Fi'oui- tho " t;iu;i'tlbu.") Mr. Watt, K. M., yi-'situ'tby gave jttttgnioufc ia Hie c;u'-u of the Potleo v. Thomas HtjuFjr Dod'son, a prostration against the landlord of Hie Kuipi-po llo'eHor fcet'pmg lus liunso open, fee basinet*!* at other -fumes* Mum Uiocu allowed by this Licensing The "following is the judgment : I liavß given some very considerable iiUi'titiiiU to tlus* «ustv because, aUfjongh Mu" fuct!* lie, at* tfc were, in a rwttsfits't, it i« ctur or considerable iniporiauce t<> art BS-K:iisive inievfc\"*t and tins public- generally. Lookin'v at section Iff. of the froIHu'ui! Act, "»* and Si* Vic, cap. 4t\ to which li wuseefevredby Mv. Chapman, the counsel tor the defendant, I tind the word* nsi'dUhh-m h> be:: * fc A<t premises in which i;,,,. (>rs ;uv - A n\d by retail shatl bo doMi-il na Ifoll.nvs," There- i» n» penal i.y uiijwr the Act for the simple inhouses . , ow only (co borrow the word

». — I 1 — ns * l ' * -- —IV of the learned con -n to »ecW> *->• open ; ami we mast tui. ••• closed* "J for a definition of the wort. -nens" an ". * fitch we find that the word " •. "orcl* "• " keeps open " are defined. The . ' soU section IX. are as follows:—'• Any j*. who, during the hours at which pic ntises f«>r the sale of tnt*>* cain- liquor are tt'irtctid t*» he closed hy *»r in pursuance of tt.ts Act, setts, or ts posts for sale in snub premises any intoxicating Honors, or opens or keeps open snc.t premise* for the sab of iriti'Oucai-Hr.? litjuor», or allows any tnt«-x .eattujj Itntt*>r», although purchased htlW» the hours of closing, to hj« consumed on such premises, shall, for t:»e that otfVncr. oe hanle t-» a p-niKy not exetsedtfiy LUX" I propose to interpr t trie wm-tl "eli'ised," u.-ted in the local tmliiiuucof !S7>'*. oy the light of this 9th section of the ittc*p«'rt»l Act. Tneii any licensee who allows tvny of tie acts or t. which hy tuis taction ;ire made penal in butt, dues not, I tl.ink, keep his house *• closed " wttiitn tt e ini-aning of tite Incil Ordinance. A technical objection might have been taken that there is no actual evidence of " intoxicating Itrniors " being exposed, hut only of certain bottles, \c, in the har; hut as tins is only a test case, and is to he taken to a superior Court, I hare thought it heat to affirm that intoxicating Ufpiors were in some, at least, of the hot ties exposed. Fined Is. and costs. Mr. Chapman applied to his Worship to state a case under the 4th section of the Appeal from Justices Act, and Mr. Watt agreed to do So.