RESIDENT MAGISTRATE'S COURT

Thames Star, Volume IIII, Issue 1743, 4 August 1874, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. ("Before W. Fba«eb, Esq., 8.M.) TBA.NBFEB OF LICENSE.

An application was made for the transfer of the license of the Court House Hotel, Grrahamstown, to K. Brown.

, Mr. Tyler for the applicant; Mr. Macdonald for the trustee of the estate.

Mr. Tyler, in appearing for the applicant, held that the license was absolutely valueless to the trustee.

His Worship said that the question really .was the value of the license; it was the duty that made it valuable—that made it an asset, and if there was any money consideration that money was the property of the trustees. If the piece of paper the license was written on was of the slightest value, that was the property of the trustee. It was strange that this was the only house in respect of which this difficulty had cropped out. The last caso was that of Percy. His Worship further said that a person holding a patent —that would be personal property, but directly the man became bankrupt the patent became the property of the trustees.

Mr. Tyler now asked for the transfer of the license of the house to Mr. Brown.

His Worship said that under the Provincial Act there was no power to transfer a publican's license under circumstances like the present, but anything that may in law go to an executor could equally in law go to an assignee. Mr. Tyler said he had searched the authorities but could not in any case find that a publican's license could become the property of assignees ; and in the Province of Otago it was held that a license was not an asset, and he held that at most the license was a thing personal to Samuel Young. His Worship said that the Provincial Government never thought there would be such an occurrence as an insolvent publican, perhaps not anticipating the Good Templar movement. Mr. Macdonald said he had twenty-five objections to the application. Mr. Tyler held that the Bench had the power to grant the application, although the trustee had no power to make objection.

His Worship asked Mr. Macdonald what he came into Court for. *

Mr. Macdonald said lie appeared to contend that the license was an asset, and that the paper the license was written on was of value. His client's; property was in question, and he appeared to look after it. The Court was aslced to adjudicate on what was held to be the property of Young's estate. His Worship said that the official assignee was the actual owner of the license. He thought that he would be doing tht official assignee an injustice if he granted the transfer. He would adjourn the case for counsel to decide who the piece of paper belonged to, and see if any amicable arrangement could be , arrived at. He would instruct the police to take no action against the house for fourteen days. Mr. Bullen: Mr Young will be h»ld responsible for the house. Counsel: That is another difficnVy. . Adjourned for fourteen days. The Court adjourned.