ON PUBLIC ROAD.

Auckland Star, Volume LXIV, Issue 99, 29 April 1933, Page 11

ON PUBLIC ROAD.

PART OF RIVERHEAD HOTEL

POLICE CHARGES FAIL.

A curious position was disclosed in the Police Court yesterday during a licensing prosecution, when four _ men were charged with being found without lawful excuse on the licensed premises of the Riverhead Hotel after hours.

All pleaded not guilty. Three constables gave evidence that they found the four men on the verandah of the hotel at 9.10 p.m. on March 11. Mr. Dyson, -svho appeared for defendants, said that the part of the hotel on which the men had been found was on land dedicated as a roadway. As the property was a road and a public place, the men were not guilty of trespassing on licensed premises. B. J. Loudon, a registered surveyor, n-ave evidence that lie had searched the title of the hotel premises and had also made a survey of the property. In 1563 roads had been dedicated but not formed. Later, the hotel was erected and the building overlapped Bft on what was supposed to be York Terrace, and loft on Queen Street. There was no doubt that the verandah and portion of the front of the hotel were on a public road. "The position Is a most curious one," said the magistrate, Mr. W. R. McKean, who asked Detective-Sergeant McHugh, who prosecuted, if he desire'' to question Mr. Loudon. "No, I cannot ask any questions m view of the circumstances," said Mr. McHugh. "We will have to shift the hotel," he said with a smile. The magistrate said he would have to accept the evidence. The charges against the four defendants were dismissed.