THE LICENSING LAW.

Press, Volume LXIII, Issue 12903, 7 September 1907, Page 9

THE LICENSING LAW.

. (ntUS AHOOIATXOH TUMBaV.) ' DUNEDIN, September 0, 1#! At the Supreme Court to-day, Ufo»'rfss Mr Justice WiUiame, Mr/8..,P.-Li*,a?if submitted' » motion lor a decree ;*&ss*s% quashing the oonvtotiou of John propriotom of- the Queen's Hotel, ; .:',&" Oaniaru, who wiaa found guilty in JttJy3?sj| of veiling liquor within a Ko>Ji6etiW'Js&s district, and fined £50 and ooete. Ott>®f behalf of White it was oantendod that : : • tho conviction did not diackao ;an f offence, aa the proseoution had nob ;'*/i proved that no licensee were in force, ' and the Magistrate 3iad no evidence '; "if before him to chow that at the time of t>he alleged offenoo ho licenso* had been - issued. Hie Honour said s—The .oooi i % viction, as it stands, is bad, bocau— justification.' of tho offence for whick \ ; ■] the accused was convicted is essential. Tho offence is admitted, and the onh/ ! f f: question is whether the Court hae ;i power to amend the conviction. If 4t :■ ■ has power tifoe conviction ought certainly to be amended. lam afraid, *' : M. however, that power to amend doof : i not exist. The attention of the Legis* '•:';s lature should be directed to this thing, ; f ;• for it is most unfortunate that a oon-' : ' ■ ■ viction mad© by a Magistrate should ! ; bo set aside on a technicality. Yet it V muet be set aside in this case, whom there is a motion by rule nisi toquaih, ./