LICENSING ELECTION EXPENSES.

Clutha Leader, Volume XX, Issue 1038, 15 June 1894, Page 5

LICENSING ELECTION EXPENSES.

« The following letters were read at the meeting of the Balclutha Borough Council on Tuesday evening : — " Town Clerk, Balclutha. " Dear Sir, — I now enclose opinion of Mr Stewart. In submitting the case, the questions I put were — (1) Are the borough councils liable in the circumstances for any part of the cost of the election ; (2) If so are they entitled to charge the ■ returning officer with extravagence in the conduct of the election and so have the amount reduced on that ground; (3) Would the fact of wholesale licenses being now granted affect their liability in any way ; (4) Would you advise a case being stated for the opinion of the judge, and, if so, what would be the probable cost. The result is, as you will observe, a distinct answer that if no licenses are granted they are not liable, but that if even the fresh ones are granted they would immediately cause a liability to spring up. This borough has postponed consideration of the matter for a week until the result of the licensing meeting is known. By that time, also, the Tuapeka County will have had a meeting and considered what it will do. — Yours, etc., " W. Quin, " Borough Clerk. •• Tapanui, June 5, 1894." " lie Alcoholic Liquors Sale Control Act, 1893. " Wm. Sinclair, Esq., Tapanui. " I have considered the question submitted for my opinion. The words " License fees accruing," cannot apply to fees which

were paid last year under certificates granted , by the licensing committee before the Act of 1893 was passed. The word accruing prim- j arily means a liability that has existence but j is not actually payable and would properly , only apply to the period of 14 days within j which the license fee must be paid after the \ issue of the certificate. I think, however, that under section 10 the word accruing would be interpreted to mean " coming due," although not technically accruing at the time j the costs and expenses are incurred. The words "accruing therein" are important as , shewing that the fees relate to licenses granted ! by the licensing committee for the new licen' - ing district. If no licenses are granted, then there are no license fees accruing or coming due within the meaning of section 10. "If wholesale licenses are granted this year, however, the fees arising from these would, I think, be held to be license fees accruing within the meaning of section 10, and therefore available for payment of the proportion of costs and expenses. " The costs and expenses incident to the election mean costs and expenses properly incurred, that is to say necessary expenses, and the propriety and reasonableness of the amount could be disputed and inquired into. "A special case 'could only be. stated by consent, so that the costs of a special case as between the parties would be a matter of arrangement ; LlO would be a reasonable amount to fix. If a case were stated and no previous arrrangement come to, as to costs, the scale in the Supreme Court code would apply. So far as the defendant's costs are concerned as between solicitor and client, these should not exceed from Ll2 to Lls, but in addition to this sum there would be, if unsuccessful, the amount of costs between party and party. " W. Downttc Stewakt. " Dunedin, June 2, 1894." The whole matter was referred to the Mayor, Messrs Hutchins, Wilson and Fleming with power to act. The Clinton Town Board have agreed to pay their proportional share of the cost of stating a case for the opinion of the judges of the Supreme Court. The Tapanui Borough Council and the Tuapeka County Council have also agreed to have a case stated. „ In all probability therefore immediate steps will be taken to have a case stated and argued, Messrs Stout, Moncly and Sim acting on behalf of the County Council, and the Hon. W. Downie Stewart for the contributing bodies, for the opinion of the judges of the Supreme Com - r. The matter will, however, be definately decided this afternoon.