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THE LICENSING ACT.

■.;..■■.; ■—-T--;-. ■;:-.-[ INTERESTING LEGAL POINT. A legal point of much interest to Mastertoji, as to other No-license ai'eas,' came into view at the Magis-trate's-Court in Ashburton; on Friday. The'case under consideration was one in which the 'defendant had failed to. notify the Clerk of the Court of the fact of his having brought liquor into the No-license district, iThere was" no question of. an intentional failure or evasion on the defendant's part. Indeed, it had evidently been 'an oversight, for although the, liquor was . brought into the district on the 3rd of.October, it was the 17th of December-be-fore it was found that the statutory notification had not been made to the Clerk of the Court, and this was then at once made by or on behalf of the defendant. But, judged by the general purpose of the Act, and the prevailing practice in the

matter, it was clearly a case •in which the police were justified in taking steps to test whether a technica lbreach of the law had not been committed on account of the lateness of the ultimate notification; and Sergeant Fouhy was assuredly wellrwarranted*~in laying an" information. However, when the case came on, the defendant's counsel was able to show that the statute specifies no time within which notification must be made to the court's officer. The .police argued,, from the spirit of the Act as a whole, that the notice should be. given before the liquor was consumed; but the Stipendiary Magistrate (Mr Day) dismissed the information, (in effect) endorsing the view, that the notification might be made practically at any time. Ho, however, expressed his willingness to state a case, so that the matter might go to a higher Court for decision. This course is, it seems, to be followed, and the result will be awaited with much interest, not only by the people of Ashburton, but by both parties to the liquor question throughout the Dominion, and also by the occupants of the Magisterial Bench.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/WAG19110203.2.22

Bibliographic details
Ngā taipitopito pukapuka

Wairarapa Age, Volume XXXII, Issue 10155, 3 February 1911, Page 6

Word count
Tapeke kupu
333

THE LICENSING ACT. Wairarapa Age, Volume XXXII, Issue 10155, 3 February 1911, Page 6

THE LICENSING ACT. Wairarapa Age, Volume XXXII, Issue 10155, 3 February 1911, Page 6

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