APPEAL COURT.

Taranaki Daily News, Volume XXIII, Issue 150, 19 July 1901, Page 2

APPEAL COURT.

COMMONWEALTH HOTEL. LICENSE UPHELD. | LKAYB TO APPEAL. j PUB PRESS ASSOCIATION. Wellington, May 18. Decision in the appaal against granting the new license to tha Hotel Commonwealth at JNew Plymouth was given to-day. The Chief Justice expressed his opinion that what had takea plies, (hat is to fay, the dropping of a license at Bill Block, and grant of a new license to same person at New Plymouth, amounted to an evasion of the Licensing Acta, but was not met by the ; xpr&ss words of the S atute, aDd the Court was therefore powerless to prevent it. His Honour was also ef opinion, though not without considerable doubt, that there should be a vtcaat license at the time of the comof the heiring i>£ the appl ci - ion fir answ licet-se, and that th. iec uld no - , be jurisdiction to hear unless there was, a', the time, jurisdic to grant. In His Honour's v.ew the riqniramtn'.s of the Statute in rt gard to accommodation must be compile! with when notice of the application for li-ens« v-as giv>-n, and the evide.i'c# was quite plain that the requirements w»re not complied with at that time ia this case. His Honour | was therefore of opinion tbat the Magistrate, sitting as a committee, had ac'ed wi hout jurisdiction on this ground also, and the granting of the lie hi. ought to be quashed. » The oth.-r members of the Court, naiViey, Judges Williams, Dannis>.on, Ooi.ii lly and Edwaids were unanimou ly of o[jini n th it dropping one ictiis.> and granting a now license to the sami p ram in another part of the district wa-f rot a removal with'n the ni' aninjj of the Licensing Act, that to 4tV' ju is lic.ion to g ant a new license, i : . is sufficinct there should be a vacant license at the time when the new liceasi was actually granted, and that as regards accommodation prescribed by he Act, it i« sufficient that incomplete premises a' e in existence ali the date of 'bo no ire, to which notice of application can be affixed in conformety witi the Ac', and that these premises ar Jp'operly completed, and comply with t s ie requirements of the Act at the date >f the licenfe being'c'ual'.y grant >d. I'heir Honours' th' ret'ore, were of opinion tha* the Magistrate, silting bs a Committee, bad not exceeded hi* jurisdiction, and the motion fcr 'Certiorari and prohibition should be ii«mifsed.

Judgment! w*s entered for the defendants with rents. Plaintiff applied for, and obtained 1 ave to sppeal to the Privy Covwcil. , ? THB OMATA TOLL OASE. APPEAL DISMISSED. In the appeal case, D. Hooker v. B. Morris, having reference to the lega'ity of the collection of tolls at the Ouiata b'llga'e, Taranaki, 'ha Chief Justice and Justice Cooper were of opinion that the spplicant had f tiled to tstiblith the illegality of s ch tol's, vhe collection if which npp'ared to be siifll i rit y authorised ar d continued by the proceedings of tiie Taranaki Ooun'> 0 uncil and provisions of th<> Statute, [a .regard to the noi tifiaition of thr scale, that appeared to l e sutlici- nt'.j 1 complied with. Justice Eiwards di-s n'ed, holding hat although the collecuon of to In fo 1 period of three j e*rs was sufficiently iuthorifed io th> authority to collect was no' nfterwarJe, properly extended, nor the su ,le of tolls properly notified. The appeil was dismiss»d, with cost? m the scale.