The Courts.

Alexandra Herald and Central Otago Gazette, Issue 696, 6 October 1909, Page 5

The Courts.

S.M. COURT, OPririt. Thursday, September 30th,>1909. (Before Mr Bartholomew, S.M.) George Angus Cameron, Hcoihob of the Newtown Hotel, Matakanui, was charge 1 under section 1.04 of "The Licensing Act, 191)8," with permitting portion of his licensed premises to be used and occupied as a. dancing saloon. Mr M'Kean, for defendant pleaded not guilty, Sergt. Crawford prosecuted. Mr M'Kean raised a preliminary objection to the effect that two offences were included in the charge, and contended that the prosecution must decide on which offence tiiey wished to proceed. His Wosship upheld Mr M'Kean, and Sergeant Crawford withdrew the charge of occupying, and proceeded with that of using.

Evidence showed that the hall was about 19 yards from the hotel, with an old building now used as a store separating the hall from the hotel. The hall had been used as a dancing saloon for the past I<> years, and had a separate entrance from that of the hotel. There was no internal communication between the two buildings.

Mr M'Kean contended that the hall did not form part of the licensed premises, and submitted that as the word " used " implied one act of occurrence it was not sufficient to constitute an offence. There was no evidence to show that the licensee was the owner of the hall, and a copy of the lease had not been produced. He argued that a hall or a room did not become a dancing saloon merely because a dance was held in it. An isolated instance of user for a particular purpose was insufficient to take a builcliug out of the class to which by common consent it belonged. There were English decisions upon the meaning of the word " used " which supported the contention that evidence of more than one act of user was necessary. Counsel also quoted Webster's Dictionary, as well .as many decisions in the English courts, where the authorities had ruled in support of his contentions. The two buildings were on different sections, and counsel further submitted that if, the Legislature had intended to make it an offence for persons to dance or hold a c'oncert of any kind in a portion of a licensed house it would have been a- very simple matter by the use of apt words to do so. . He submitted the case must be dismissed.

Mis Worship was not prepared to decide off-hand in view of the points raised by counsel and would consider the matter. Decision reserved.

Henry Hyde Parker did not appear to answer a charge of failing to contribute to the support of his sou, a'u inmate of the kelson Industrial School. An order was made for the payment of 8s per week.

The following is the list of business dealt with in the Warden's Court at Blacks on Thursday, 30th September : L. P. Cabot, dry race, in section 46, block in, Lauder.—Objected to by Joseph Charles. Mr Davey for applicant, Mr Bodkin for objector. This previously-heard application had been adjourned to allow the parties to meet and assess compensation to objector for the loss to him through the race passing through his land. The parties failed to agree, and each called an assessor to give evidence. For the objector George Faehe assessed the amount of compensation at £2O. Frederick Read for the applicant assessed the amount at £*2. The warden, in giving his decision, reminded objector that his property was not private lands but Crown lauds, and compensation had to be assessed on his holding. The damage did not amount to the value of the laud as freehold, and it could not be assumed that the applicant must pay compensation as if the land were freehold. The damage assessed was comparatively trifling, and it was a pity that the parties could not have assessed it amongst themselves. One crossing and four culverts required to be placed across the race. From the evidence of Mr Head, who was a practical farmer, only a small portion-of the land was lost by ploughing, and altogether the utmost taat could be arrived at was that under an acre of laud was lost to objector. He considered that £2 was a very aggregate basis, and the warden assessed the damage at that amount, no costs to either side.

Joseph Charles, water race, two heads from Thompson's Creek.—Granted for 12 years. James Truesdale, application for a license' for a drainage area on mining reserve at Matakauui, to be used, in connection with.water race No. 7722. —

Objected to by the miners, who considered they would be prejudiced'by the granting of the application.—Adjourned till October 28fell to allow the miners to lodge formal objection. Louisa Glass ford, water race, A a head from Bad Creek, Matakauui. —Objected to by Mrs Minehau. —Adjourned till October 28th to allow the parties to arrive at an amicable settlement.

The following is the list of business set down for hearing in the Warden's Court at Alexandra on Monday, 11th October, 1909: P. G. M. Fink, surrender absolute, special dredging claim 939 a. Win. Perry and .another, water race, 10 heads from Hope's Greek.—-Certificate of abandonment in respect ol: License 755 a asked for.

New Clyde Dredging Co., surrender absolute, special dredging claim 11.71 a. Robert Ross and others, surrender absolute, special dredging claims 315/98 A and 942 a.

Robert Ross and others, special dredging claim, 100 acres Molyneu.v River. — Opposed by Central Olago Miners Association and Charles Weaver.

Robert Ross and others, special dredg ing claim, 35 acres Molyneux river. Joluiy Robertson, special quartz claim 11 acres, Couroy's Gully. Annie ■ Maskill, surrender absolute residence site 800 a.

Richard Dawson, dry race, section :!, blook in, Eraser district. Edmund Stack, ordinary alluvial claim, 1 acre e.ist bank Molyeux, below Alexandra. s

John Rivers, protection for six iu>;iths over special dredging claim 1315 a.

J. E. Thompson, residence site, 1 acre, Borough of Alexandra. David Smith, special dredging claim, 30 a-.res Manuherikia Piver.—Certificate of abandonment in respect of license 1232 a asked for. Edward Doily, protectio.i for six months over ordinary alluvial claim 1355 a. Win. -Briugans, surrender absolute, residence sites 2424 a, 2204 a, 521 a.