SUPREME COURT.

Taranaki Daily News, 10 February 1920, Page 3

SUPREME COURT.

-£'■ 1 m CONCLUSION OF SESSIONS. The New Plymouth sessions of the ! Supreme Court were concluded Yesterday morning before his Honor Mr. Justice Sim. A LICENSING' APPEAL. An appeal was brought for argument against a decision of Mr. J. W. Poynton, S.M., under the Licensing Act in the case of the Police v. Emeny. In tlte Magistrate's Court, Win. Geome Emcny, licensee of the Royal Hotel, New Plymouth, was charged with and convicted of exposing liquor for sf!e on the day of the special licensing poll on April 10th last, during hours in which the hotel was required to be closed. The appeal against the decision was ba.od upon the interpretation of section 1211 of the Legislature Act, 1018, which had been included in the Licensing Act Amendment of 1018 and provided that every day on which an election took place should be a public holiday from 12 noon until 7 p.m., and that the provisions were to apply to the day of the Bpecial licensing poll'under the Act. Mr. C. H. Croker appeared for the appellant, and Mr. H. R. Billing for the respondent. Mr. Croker submitted that while the Legislature Act provided against selling liquor during certain hours, there was. nothing to require licensed premises to be closed,. They closed because there was no virtue in keeping open while they Were prohibited from selling. The. appellant was convicted of having liquor exposed for sale, but the Magistrate held there had been no sale. Counsel pointed out that,before a conviction could be recorded under the Licensing Act it had to be proved that the premises were required to be closed at the time of the. offence, and that they had to be closed in accordance with the provisions of the Licensing Act. There could be no conviction if the premises closed only because of the direction of some other Act. "Closing" under the Licensing Act was a different thing from closing as understood generally or as required by the Legislature Act, which merely prohibited the sale of liquor, and as in this case there had been no sale there should have been no conviction.

Mr. Billing's submissions were to the effect, firstly, that the Magistrate's interpretation of the Act was correct;.secondly, that if not, then the facts pointed to a sale having actually taken place, and the case should he referred back to the Magistrate and if he thought a sale had taken place he should convict for selling: and thirdly, that there had been an attempt to sell and ihat under the J.'sP. Act the appellant conhl have been convicted for attempting to sell. Decision was reserved.

BREACH OF TRUST. An application was made by Louisa Rawcliffe. widow, Hawcra, and Trilbv L. B. Eawcliffp, spinster (Mr. Ronald H. Quillinm), for administration of the estate of the late H. C. Rawcliffe on the grounds of'a breach of trust, on the part of the administrator- No defence had been entered and the application was granted, the Court being satisfied there had been a breach of trust. EXTENDING BUSINESS OPERATIONS On the application of the North Taranaki Co-operative Co.. Ltd. (Mr. ,T. C. Nicholson), a petition was granted authorising the confirmation of a special j'esoli'.tioa extending the Articles of Association of the Company. The Court then rose.