WARDEN'S COURT.
Frida-y, Jui,y 28th. (Boforo C. C. Schaw, Esq., Warden.) Illegally exposing Spirits for j Sale.*— James M'Qovern, restaurant keeper, \\\\o was defended by counsel, appended In answer to the above charge. Tho constable stated that ho entered defrndnni's house, in Rovell street, on tho 26tK ins;., and found some port wine in tho houje. In the bod room he found a keg under tf»o bed containing port wine. He had ne^c known nuything disorderly in comieotbit with tho conduct of defendant's he. s«v "MVOakes-StaJcd I}&t*-}ifc efo-kf fincl been under medical treatment ever Binco his arrival in Ilukitika, and had been advised to drink, as much port wino as ho safely could. Ho would prdduco a medical coitificate to that cifect. His Worship considered there was not the slightest necessity for tho production of such a document, and inflicted a fino of L 5 nnd costs, tho liquor seized to be con'iscatcd.
The Same. — James Humphreys, charged with a similar offence, was fined h$ and costs, the goods confiscated amounting in value to ahout LSO. Defendant had neither a wholesale nor a retail license. Another Case. — The defendants, in htis case, carry on business as storekeepers at Hokitika, and were charged with having a large quantity of spirits, &c, for sale, holding no wholesale license. William Swanson, who 'was called as a witness, stated that the defendants purchased goods from him, and on getting the lot of spirits, which was the first ho had supplied to them, they had spoken to him about getting a wholesale license, in fact, he would not swear that he was not requested, to obtain a license for them. ' His Worship inflicted a fine of L 5 and costs. The value^of the spirits, &c., 'confiscated, amount to upwards of LI OO. A Jumping Case. — Joseph Nash v. J. D. Jones. — Mr Oakes appeared for the defendant- Plaintiff having been sworn, stated that, on Monday or Tuesday, ho saw a piece of ground in Wharf street, and on it a board erected with a notice that a frontage of fifteen feet was for sale. The defendant had repeatedly offered him the ground for sale. He had seen Mr Gordon about the ground, that gentleman occupied the re. maining portion of the section. Plaintiff had been informed by him that, as far as ho (Mr Gordon) was concerned, plaintiff could have his right to it. Ho had never seen Mr Jones occupy the ground iv any way beyond having a sapling fence round the ground, the land in dispute adjoined defendant's store, which, however, was on another section. The defendant having failed to occupy in conformity with the regulation, plaintiff would \irgo the Court to make an awaid of the land in his favor. For the defence it was urged that the ground iv dispute had been bought solely as a convenience to Mr Jones' store. Without that ground, a portion of which was used as a right-of-way, he wotild have no approach to the rear of his premises, added to which, the foundation, piles, &c., for an enlargement of his present store, had always been on the grouud. His Worship, on learning that there were no witnesses to speak as to the fact of the piles being in the ground, and as the plaintiffs could not remember having seen any signs of such or any occupation, decided to visit the ground, and on returning held that the plaintiff's possession of the part allotment was illegal, Mr Jones' occupation of the land being sufficient to meet the regulations. Judgment for the defendant accordingly.
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West Coast Times, Issue 27, 2 August 1865, Page 2
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597WARDEN'S COURT. West Coast Times, Issue 27, 2 August 1865, Page 2
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