APPEAL COURT JUDGMENTS.

Press, Volume LIX, Issue 11243, 8 April 1902, Page 2

APPEAL COURT JUDGMENTS.

(PBESS ASSOCIATION- TELEGRAM.) WELLINGTON, April 7. In the case of Baker v Johnston and Co , the Court, with the exception of *he Chief Justice, were of opinion tnat a Licensing Committee can lawfully require that additional provision be made for escape from fire before it renews a license, if in its opinion, die existing provision is insufficient. The Chief Justce was of opinion that the Licensing Act does not authorise a committee to do more than see that the appliances required when the iicens3 was originally granted are proper•lv maintained. The majority of the Court held that fire escapes having been lawfully required by the Licensing Committee, the appellant, who is kssee and licensee of the Club Hotel, Wellington, was bound to provide them at his own expense, under a covenant with his lessors to do ail acts and things which might be necessary to keep tbi license in force. The Court was unanimously of opinion that the lessee was also liabe'to replace iren on the roof, in accordance with the requirements of the Licensing Committee, both under the covenant already mentioned and under his covenant to'repair. The appeal was therefore dismissed, with costs on a middle scale. In the case of Frerhey v O'Driscoll, in reference to a license granted in resoect of the Hotel Commonwealth, New Plymouth, the Court unanimously allowed ,the appea! irom tlia decision of Mr Justice Conolly, and held that a writ of oertiorari should* be granted >io quash the license. The Court iTeld unanimously that no inference of bias on the part of the Magistrate could be made from the pecuniary relations between the Magistrate and persons interested in the granting of a license. The Court was, however, of opimion that the terms of the letter written by the Magistrate prior to the sitting of the Licensing Bench, although written bone, fide, gave ground for considering that there would be a real lik&.ihood of Ibias on his part in favour of the application made in respect of the iHotel Commonwealth. The majority of the Court were of opinion that tile appellant being mertly one of the general public was not entitled to a writ of certiorari as of right, and that the Court had, therefore, discretion to grant it or not. The Court held that it ought, in its discretion, to grant the writ, in view of alj the circumstances. The appeal was therefore oUowed, with costs on the highest scale. Mr Skerrett applied for leave to appeal to the Privy Council, and that th 6 order of the Court of Appeal should be in the office of the Court pending the appeal. The effect of this would be that t]*a license would stand in the meantime, and that an application for a new license could be made if dasired at the licensing meeting on June next. After hearing argument on this point the Court reserved its decision. In the case of Hannah v the Commis-> sioner of Stamps, an appeal from the decision of the Commissioner of Stamps was allowed,' the Court holding that, as the documents relied on as a deed ©f gift had not been executed by tihe donor, there was no taxable instrument within the meaning of the Acts imposing duty on deeds of gifts. , In ie the Land Transfer Act and the Wellington City Corporation, the Court ware unanimously of opinion that a casej. in which the owner sells a portion of his holding, retaining ,the balance, and not upon any preconceived plan of selling the whole in parts, does i '"■ come within the operation of section 20 of the Public Works Act Amendment Act, 1900, requiring an owner who subdivided his land into allotments for the purposes of sale to provide a frontage for each allotment to a road 66ft wide. The Court, ordered the District Land Registrar to register the two transfers to the Wellington Uity Corporaion which were before it. The Court adjourned until Wednesday.