LAW COURTS.

Taranaki Daily News, 6 July 1918, Page 3

LAW COURTS.

THE COURT-MARTIAL CASK By Telegraph.—Press Association. Wellington, July o. In the Appeal Court, in the ease of Fitzgerald, a steward, against certain military authorities, Mr. O'llegau continued that action would lie against all members of a court which was improperly constituted and passed a sentence resulting in imprisonment. A soldier did not cease to Ibe a citizen, and, if a military court exceeded its jurisdiction, such acts came within the purview of the civil law. As to Major Kirk's status, lie contended that an officer on the reetired list was not employed in the forces. •Decision was reserved.

RENT 0!F HOTEL. An important judgment concerning proceedings taken under the Sale of Liquor Restriction A_ct, 1917, was delivered by Mr. .Tivtice Stringer in the Supreme Court this morning. The plaintiff was Minnie Redwood, and the defendant was Hans Cliarles Lawson, of Tuamarina, hotelkeeper. The case was an originating summons issued to determine whether defendant can claim the benefit of the provisions of the Act for the reduction of rent and adjustment of other charges. Defendant was lessee of the Tuamarina Hotel under a lease which was transferred to him in August, 1913. This lease expired five years and defendant was to give notice of the renewal of lease three months before its expiration. In February last he served on the owner a notice under section 4 of the Sale of Liquor Restriction Act asking for a reduction of rent or to accept the surrender of the lease under the terms of the section. The Act came into force in October, '917, and counsel for the owner submitted two poinls—first, that the Act had no application except to leases in existence at the date of the coming into operation of the Act; second, that the option for a renewal having been exercised after the Act came into force, defendant was in the same position as if he had taken a new lease at the time of the exercise of hi s option, and therefore he was not entitled to the benefit of the provisions of the Act. His Honor held that the renewal being given m February, created a lease or agreement to lease within the meaning of the Act, and also that defendant was entitled to the benefit of the provisions for reduction of rent and adjustment of other charges. Judgment was for de, fendant, with costs.