ANOTHER ADJOURNMENT.

Auckland Star, Volume LX, Issue 292, 10 December 1929, Page 8

ANOTHER ADJOURNMENT.

_ -■ t NOT SUFFICIENT EVIDENCE. KAMO SHRINGS HOTEL LICENSE SUPEEMK COURT APPLICATION. "I don't "fl 'ant to delay the matter any more than, possible, but it is a most ■unsatisfactory way of bringing it before me. Theran is not one word in the affidavits "to, show this is an applica- : tion for a laew license, nor does it show it is an a implication for a license in excess of the number which were in operation a t the time of the last poll," said his H< mor, Sir Alexander Herdman, at the Supreme Court this morning, when the a pplication again came up for a writ of <3 ertiorari against the Marsden Licensing (Committee to forbid the issue of a license * to the Kanio Springs Hotel. The action is being taken by William Gwyn, of Kamo, bridge builder, and James Jaa kson, contractor, Whangarei, represented L by Mr. Tuck, the defendants being the } Marsden Licensing Committee, and the lia ensee, Walter Henry Cuthbert. The Kami i Springs Hotel was burned down in l'it>l7 and not replaced, and the license fo/r; 12 years had not been in use. In Jiune last the Marsden Licensing Committei» granted a license. Mr. Trick said that the appellants relied upc en sub-section 2 of section 30 of the Licensing Act, 1910, and the grounds :for challenging the issuing of the liceraise were that the granting of it did nat come within the limitations of the so ction of the Act quoted. His Hi onor: This is an attempt to revive tb.e license, is it not? 'Mr. 'Ijiack: That is the effect of the jurisdidil on. His Hionor: Well, there should be an affidavit;.' showing the whole history of the niaijfj;er. Prior to the licensing committee's! • meeting in June, 1929, a certain number of licenses existed. If this license lis granted would it not be- an increase; of one? You say the committee had no. jurisdiction, and I have little doubt fjhat is so, but you should prove it. I nderstand this license lapsed in 1917, .1 nd this is an application to renew il'. Why isn't that shown ? Mr. 1 ?uek said to do that and give the histjory of the matter would necessitate aa other affidavit being presented, and it uvould not be possible to do that in a clay. His 'Honor said it was necessai-y to have tj'ie history before him, and also set out' clearly just what the appellants based ihe action upon. In order to give counsel the opportunity to do this, the further hearing would be adjourned till Febrviaj ry.