SYDENHAM LICENSING COMMITTEE.

Press, Volume XLVIII, Issue 7868, 20 May 1891, Page 6

SYDENHAM LICENSING COMMITTEE.

STATEMENT OF CLAIM BY LICENSED VICTUALLERS.

Yesterday the Licensed Victuallers in Sydenham filed their statement of claim, and are moving, under the provisions of the Supreme Court code relating to extraordinary procedure, for an order declaring the Sydenham licensing election null and void, and asking that the Licensing Committee may be restrained from acting as such Committee. The following is a copy of the notice of motion, which shows the grounds on which the plaintiffs are moving : — IN THE SUPREME COURT OF NEW ZEALAND, CANTERBURY DISTRICT. Between John Hare Taylor Charles Goldsmith Joseph Dicks William James Eliza Meek Batley Sarah Lockwcod Stephen Lawrence and Charles Robert Heath plaintiffs and Leonard Monk Isitt Robert Beattie John Hopper William James Rudd and George John Smith defendants.

Take notice that on Wednesday the twenty-seventh day of May 1891 at eleven o'clock in the forenoon or so soon thereafter as they can be heard counsel on behalf of the above-named plaintiffs will move this Honorable Court for an Order in terms of the prayer to the statement of claim filed in this action —

1. Declaring that the election and proceedings under which the defendants claim to have been elected to and to form the Licensing Committee for the Licensing District of Sydenham is null and void and that neither the defendants or any or either of them have any right in law or in fact to sit or act or serve on or as the said Committee. 2. That the defendants may be prohibited from carrying out the agreement made by them with and the promise made by them to one another and to the members of the Sydenham Prohibition League that if they were elected to serve on the said Committee they would as such Committee close the whole of the drinking bars within the said licensing district that they would grant no publicans licenses or renewals of publicans licenses within the said district and that they would refuse the whole of the applications of the plaintiffs now before the said Committee and waiting to be heard and from exercising any jurisdiction in respect of the said applications or any of them. 3. That the defendants may be restrained by injunction from sitting or acting on the Licensing Committee for the Licensing District of Sydenham and from hearing and adjudicating on the said applications or any of them and from giving effect to the said agreement and promises or any of them. 4. That the said applications and all proceedings thereon and connected therewith be removed into this Honorable Court to the end that the same may be heard and determined by this Honorable Court or such other Court or person as it shall assign to hear and determine the same and to the end that the plaintiffs and each of them may have more sure and speedy justice. Upon the ground— 1. That each of them. the plaintiffs is the holder in his or her own name and on his or her own behalf of a publican's license issued to him or her under the Licensing Act 1881 and the Acts amending the same in respect of an hotel or publichouse situate within the licensing district of Sydenham as established under the said Acts.

2. That the said licenses are all for one year only commencing from the Ist day of July 1890 and expiring on the 30th day of June 1891.

3. That each of them the said plaintiffs has given notice in manner required by the said Acts of his or her desire to obtain and that he or she will at the next licensing meeting of the Licensing Committee for the licensing district of Sydenham to be holden at the Borough Council office Sydenham on the 3rd day of June 1891 apply for a certificate authorising the issue of a publican's license for their said respective publichouses so situate within the said licensing district.

4. That notice has been given that the Quarterly annual meeting of the Sydenham licensing Committee is appointed to be held and will be held at the said Borough Council office on Wednesday the 3rd day of June 1891 at twelve o'clock noon when the said applications of the plaintiffs will be respectively heard and determined. 5. That the said defendants claim to be members of and to constitute the Licensing Committee for the said licensing district and have acted and claim the right to act as such Committee and to adjudicate on the said applications of the plaintiffs by virtue of an election held on the 10th day of April 1891. 6. That the defendants are not the Licensing Committee for the said licensing district neither are they or any of them members of the said Committee. 7. That the defendants have not neither has any of them ever been elected to be a member or members of the said Committee. 8. That no election of members of a Licensing Committee for the said licensing district has ever been held during the year 1891 as required by the said Acts. 9. That the said election at which the defendants claim to have been elected and to have acquired the right to sit and act as members of the said Licensing Committee was and is and ought to be declared null and void and be set aside for the reasons following:— (a) That the boundaries of the licensing district of Sydenham are co-termi-nous with those of the borough of Sydenham as constituted and established under the Municipal Corporations Act 1886. (b) That the said licensing district is outside of the boundaries of a county as defined in the Licensing Act 1881. (c) That the following " local bodies" have jurisdiction within the said licensing district to wits—The Chrißtchurcn __>«_i_-__ce -ECo-h-rcL e-rfccbblished *tl__» o___ri_rt*__-Txr-o-x X>i-rtx-i<=_. Drainage ,___cti l!ISl-lD-IHt|WVr the -Sydenham Borough Council incorporated under the Municipal CorS (rations Act 1886 the Lyttelton arbor Board incorporated and established under the Lyttelton Harbor Board Act 1882 the South W-imakariri River Board constituted under the River Boards Act 1884. (d) That his Excellency the Governor has never appointed or declared whether either or if any which of the said local bodies shall for the purposes of the Licensing Act 1881 and the Acts amending the same be deemed to have authority throughout the said licensing district as required by the said Acts and shall make all necessary appointments and do all things required for the conduct of elections i within the said licensing district. j (c) That no local body having jurisdiction throughout the said UcenaiMdistrict has appointed a Returning Officer for such district in niannerprovided by Regulation of Local Elections Act 1876. (f) That no Returning Officer has been duly or legally appointed to conduct elections or any election in the said district under the said Act or to receive nominations of candidates for the same. 10. That if the said election was a good election within the meaning of the said Acts which they deny yet the defendants disqualified and incapacitated themselves for election to the said Committee and whether i they disqualified or incapacitated themselves thereby or not they ought not to be permitted to sit vote or act thereon or to hear determine or pass judgment upon the application of the plaintiffij respectively or any of them or any other application which may be made to the Committee for a publican's license for that before they were so elected if they were elected they unlawfully and wilfully concerted agreed and promised each with the other and others of them and with and to the members of a certain Society known as " The Sydenham Prohibition League" and others who were entitled to vote and who did vote at the said election that if they the said defen-

dacta respectively and the members of the said Society and others would cast their votes . c or them the defendants at the poll to be takeu and which was taken-for the said election so as to enable them the said defendants to be elected and returned at the said election to serve on the said Licensing Committee they the said defendants if so elected and returned to form the said Committee or serve as members thereor would pledge themselves as individual members of and as constituting such Committee to close the whole of the drinking bars in the said licensing district so licensed under the said Acts and belonging to the plaintiffs respectively that they would grant no publican's licenses or renewals of publicans licenses under the said Acts within the said district at the licensing meetings thereafter to be held for that purpose and that they would refuse the whole of the applications of tbe plaintiffs now before the said Committee and waiting to be heard and all other applications which might thereafter be made to them for licenses or certificates for licenses under the said Acts. 11. That acting in pursuance of the said illegal concert agreement and promise the said defendants and the members of the said Society and many other persons who were entitled to vote and did vote at the said election so held on the 10th day of April 1891 polled or cast their votes for the said defendants whereby and in consequence whereof the said defendants became and were so elected as members of the said Committee and now claim to act and do act thereon.

12. That in further pursuance of the said illegal concert agreement and promise the defendants since the said election and on divers occasions have intimated their intention to carry out the said illegal concert agreement and promise so given and made by them as aforesaid. 13. That in further pursuance of the said illegal concert agreement and promise the said defendants threaten and intend at the said meeting of the said Committee so appointed to be held on the 3rd day of June 1891 as aforesaid and unless restrained by order of this Honorable Court undoubtedly will refuse the said applications of the plaintiffs and all and every other application for certificates for publicans' licenses within the said district and will so close all the drinking bars in the said borough and licensing district and upon the further grounds appearing by the statement of claim filed in this action and the affidavits filed in support thereof. Dated this 19th day of May 1891. W. P. COWLISHAW, Solicitor for the plaintiffs.