SEVERAL FINES

Ashburton Guardian, Volume 61, Issue 42, 29 November 1940, Page 6

SEVERAL FINES

SLY-GROG CASES HEARD .

RESULTS OF POLICE RAIDS.

QUESTION REGARDING SEIZURE

Jim Weir, an hotel agent, was charged in the Ashburton Magistrate’s Court tliis 1 morning before Mr H. Morgan, S:M., with having sold liquor when he did not hold a licence to do so, lie having been five times previously convict©d in the last five years. He was fined £lO, with 10s costs. Represented by Mr V. W. Russell, accused elected to be dealt with summarily and pleaded guilty. Senior-Sergeant J. F. Cleary stated that on November 12 accused sold one bottle 'of ale for which there was no prior order from a customer. An old man went into accused’s premises and asked for a bottle of beer, which w*as handed to him. The five previous convictions arose out of the events of one afternoon.

Mr Russell said that an elderly man went to accused’s premises and asked for beer. Accused said that the man had no right to it as he had no order for it. It was a very hot day and the old man, who had a taxi outside, said he was going straight home. The Seryor-Sergeant had seen the transaction, however. The Magistrate: Accused was not supposed to have loose bottles on his premises, was he? They should, have been all covered by orders.

Mr Russell: I believe that the bottle was one of accused’s own. Only two loose bottles were found when the police raided the premises. The Magistrate: If that is so, I will not make the penalty so ■ severe as it would have been if I thought he had 'a lot of loose beer bottles on the premises.

Accused was fined £lO, with 10s costs.

Senior-Sergeant Oleary stated that 24 bottles of liquor, apparently all orders with the exception of one parcel of three, of which he had doubts were seized when' a police raid was carried out. He asked for an order for the forfeiture of these bottles, the goods to be banded oyer to their owners on their making claims for them. The raid was carried out about an hour and a

half after the sale of the beer to the old man.

Mr Russell said no charge had been made arising out of the raid. The Magistrate consulted the law' on the subject and said it appeared the charge had not arisen out of the raid. He stood the case down for later consideration.

Later, the Magistrate said it seemed clear in Section 229 of the Licensing Act that liquor seized could be forfeited, so far as it Avas suspected that the liquor Avas on the premises for sale. He made an order that liquor seized and n/ot claimed by purchasers should be forfeited. “In a small Way.” Norman Stephens, blacksmith, Avas charged Avith having sold beer without a licence and pleaded guilty. Senior-Sergeant J. F. Cleary stated that about midnight accused sold three bottles of ale to a man at 2s a bottle. A small quantity of liquor Avas later seized on the premises. He was slygrogging on a small scale. Accused Avas fined £l2 10s Avith 10s costs. Men Found) on Premises. Edward Ferguson, Daniel R. Clucas, Reginald John Finlay, and Petei Shearer Avere each charged with having been found on the premises of Harold Price Avlien liquor Avas seized during a police raid. Senior-Sergeant J. F. Cleary said that liquor Avas seized on the premises and the four men Avere found there. Ferguson. (who pleaded not guilty) Avas in a shed at the back, considerably under the influence of liquor. Similar evidence Avas given by Constable T. Harris. Ferguson said he had liquor on the premises, but did not buy any. Two soldiers Avere being given a little farewell in the shed. Each defendant was fined £l, with 10s costs, Clucas to pay 11s costs.