The Courts.

Alexandra Herald and Central Otago Gazette, Issue 700, 3 November 1909, Page 5

The Courts.

S.M. COURT, OPHEK

riiursday, October 28th, 190U

(Hefore Mr Bartholomew, 8.M.)

Police v. Cameron. —In this previously heard case' His Worship delivered his reserved decision as follows :—" The defendant is charged that being the licensee of licensed premises known as the Newtown Arms Hotel and situated at Matakanui, he did on the 25th August, 1909, permit a portion of the said licensed premises to be used as a dancing saloon. The evidence for the prosecution, which for the main part consists of admissions by the defendant, is tint dancing took place in the Newtown Hall on the date in question with his knowledge and consent. Defendant is the licensee of the Newtown Arms Hotel, and a plan was produced showing the situation of the hall with respect of the hotel, but no evidence was given as to the nature of the defendant's occupancy of the hall or of the title to the land on which the same is built or the intervening laud between the hotel and hall, except the above. admission by the defendant, which I hold is equivalent to an j admission that he was the occupier of the hall on the date in question. Mr M'lvean for the defence raises two questions, 1st —•That the hall is not part of the licensed premises ; 2nd—That one instance does not constitute "a user" of the hall as a dancing saloon. With reference to the second point raised it has recently been decided in England that in order to constitute the offence under section 17 of the Licensing Act of using licensed premises in contravention of the Betting Act there must be evidence of more than one act of user, that one isolated case does not constitute "a user." ('Jayes Harris 99 l.t 5(3). j And jmder the Act 25 George 2nd c 3(3 a person incurred the penalty for keeping a house or place for.public dancing without a license, it was held in Shelton and Lewis 5 exp. 128. And in Marks and Bengermau 5 m and w 5(35 that the mere incidental use of the house for that purpose would not make the party liable, that there must be something like a habitual keeping of it. It is not necessary that the room should be kept or used solely for the purpose as prohibited, if it is regularly used for such purposes.' (Belts v. Beale Esp. 592). What distinction is there between using a room as a dancing saloon and keeping a place j for dancing? They seem to me to be, practically identical expressions. The English decisions are in point, so I hold no offence against the section has been proved. With regard to the question whether the hall is portion of the licensed premises I do not express any opinion in the absence of more definite evidence as to the position and interest of the licensee of the hotel with regard thereto.

Two first offenders, defended by Mr Davey, pleaded guilty to being found on licensed premises after hours. Botli were convicted aud fined 10s and costs lis.

Daniel Donnelly (Mr Davey) was charged with failing to give a servant in his employ a half-holiday and pleaded not guilty. Constable Jones prosecuted as inspector. The information was laid under the Shops and Offices Act. He visited the hotel at Lauder on different occasions, and defendant informed him that his employees were receiving their holidays. The employee Mrs Dawson informed him that she was not receiving her half holiday. Elizabeth Dawson said she was engaged by Mrs Donnelly and she got an hour or two off at any time. She did not receive her half-holiday prior to last week. She took her instructions from Mrs Donnelly, who paid her wages. Mrs Donnelly told her three weeks ago to take her holiday.—-Without calling on the defence His Worship dismissed the information, stating that on the evidence of the last witness it was impossible to secure a conviction. The police, however, were justified from the evidence submitted to them at the time in bringing the case forward.

The following is the list of business dealt with in the Warden's Court at Blacks on Thursday, 28th October, 1909. James Truesdale, Drainage Area, on Mining Reserve at Matakanui to be used in connection with race 7722 a. to by the mining companies. The inspector's report was that the miners would not be effected by the granting of the application. Mr Bodkin for objectors contended that the miners \vould be prejudicially effected by the granting of a drainage area in a mining reserve. The applicant would have a vested interest, and his application was only an endeavor to get in the thin end of a wedge. He submitted that the mining interests must be safeguarded, and there was every probability that the mining operations would be seriously effected. Mr M'Keau contended that the objectors should state their reasons for objecting. Et appeared as it' t\w, objection was not bona fide.—After considerable argument the warden held that the objection was seriously raised, and he would not like to decide without visiting the ground. The drainage area was for irrigation purposes aud as the area was reserved for mining those interests may be effected. He could not treat the objection as frivolous, as three mining companies were effected. As time did not permit him to inspect the ground the application would be adjourned till next court day.—Adjourned till November 25th. • Louisa G. Glassford, Water Pace, ?. head from Bad Crook, Matakanui.—Objected to by Mrs Minehau.—Adjourned till November 25th to allow objector to lodge an application for \ head of water, botli fights to have equal priority. Charles Jackson, special alluvial claim, 8 acres west side of Drybread Gully.— Granted, Charles Jackson, Branch Race, Blue Gully, Drybread. —Granted. Charles Astou, Dry Race, from Bonauza Water Race in Galloway Station horse paddock.—Adjourned till November 25th. *

The following is the list oil business set down for hearing in tfie Warden's Court at Alexandra on .Monday, Btil November ;

Applications. Patrick Oallaghau, extended alluvial claim, 3 acres at Doctor's Point.—Certificate of abandonment in respect of extended alluvial claim 1358 a asked for. Wallace Carr, extended quartz claim, o acres near Alexandra, Butchers road. John Werner, water race, 4 head from Slaughteryard Gully. Robert Ballantyue, water rare, one head from Golden Beach bye-wash. Maggie Jackson, residence site, one acre Borough of Alexandra. Robert T. Symes, alteration of head of water race 1059 a and permission to run two heads authorised to be diverted thereunder in water race 994 a. R. W. Coulsou, residence site, one acre Borough of Alexandra. Wallace Carr, special quartz claim, Alexandra-Butchers road. New Clyde Dredging Co., Ltd., protection for six months to special dredging claim 1171 a. Plaint. Arnold Nordmeyer v. John Magnus, damages £o for trespass on claim arid injunction.