APPEAL COURT.

Taranaki Daily News, Volume LII, Issue 210, 9 October 1909, Page 5

APPEAL COURT.

THE POV. i£R OF PUBLICANS. ' by Telegraph.- Press Association. Wellington, Friday. The Appeal Court to day is hearing the case. Minister of Customs v. McPavland. Respondent is a publican who claims a right upon purchasing boor in casks from a brewer, to draw oil and ndl two gallons and upwards without a duty stamp. His claim was uph 'ld bv Judge Chapman and the Minister appealed against the decision. The case turns on a clause in the Act prescribing that "110 person shall sell" except as provided. Mr. Myers appeared for the appellant and Mr. Skerrett, K.C.. with him Jlr. Sharp, for the respondent. Mr. Myers contended that the word "person" referred to every person and ■was absolute prohibition. If it meant to refer to brewers only, the provision would be superfluous as they were speci- j ally mentioned in another section. The Act was not merely a Revenue Act, but was intended to regulate and restrict the sale of beer. Wellington, Last Night. In the Appeal Court, in the cas.e regarding the right of publicans to sell beer in two-gallon lots without affixing stamps, Mr. Skerrett, for the defence, 1 intended that so long as a brewer had ; M duty on every cask of beer removr ' -i iiis brewery, the revenue au;hf'"ere not concerned with what ! it afterwards. Judgment was .| aud the Court adjourned till