THE CLUTHA WHOLESALE LICENSES.

Clutha Leader, Volume XX, Issue 1039, 22 June 1894, Page 6

THE CLUTHA WHOLESALE LICENSES.

The following is a copy of the notice which has been served on Mr R. S. Hawkins, S. M. , in connection with tlie proceedings which have been instituted in the Supreme Court touching his action in granting wholesale licenses in the Clutha Licensing District : — Take notice than on Wednesday, the 27th day of June, 1894, at the hour of 11 o'clock in the forenoon or as soon thereafter as counsel can be heard counsel on behalf of James Hogg, of Balclutha, watchmaker, will move this Honorable Court for an order directing that a writ of certiorari do issue to remove into this honorable court the certificate granted by Robert Samuel Hawkins, of Milton, Stipendary Magistrate, at Balclutha, on Friday the Bth day of June, 1894, authorising tho issue of the wholesale license ■under the Licensing Act, 1881, to Roderick M'Kenzie, of Balclutha/hoielkeeper, and all proceedings thereon and relating thereto, in order that this honorable court raay further cause to be done thereupon what of right the court shall see fit so to do that the said certificate and all the said proceedings may be quashed and that the said Roderick M'Kenzie may be ordered to pay the costs of and incidental to this notice of motion, and the motion thereon and of the said writ of all proceedings relating thereto upon the grounds — 1. That the Liicensinj* Committee for the Licensing District of Clutha held its annual meeting at Balclutha in the said licensing district on the said Bth day of June, 1894. and the application of the said Roderick M'Kenzie for a wholesale license being then and there properly before the said committee was by the said Robert Samuel Hawkins, S.M. , lhe acting chairman of the said committee, at the request of the said Roderick M'Konzie, by his solicitor, Mr Daniel Stswart, wrongfully and improperly withdrawn from the said committee and from their consideration, after the said committee had resolved that no license should be granted, and was afterwards on the same day and after the said annul meeting of the said committee had been duly declared at an end by the said Robert Samuel Hawkins, and had been dissolved, brought before the said Robert Samuel Hawkins, sitting alone at Balclutha aforesaid, and that the said Robert Samuel Hawkins did there and then wrongfully and without jurisdiction proceed to hear the aaid application, and after hearing the same granted the said certificate.

2. That the said Robert Samuel Hawkins ia not and never wns a member or chairman of the said licensing committee or any licensing committoe.

3. That the said Robert Samuel Hawkins was not at the time he heard the said application and granted the said certificate chairman of the said licensing committee for the Licensing District of Uluiha or any other licensing committee.

4. That the said Robert Samuel Hawkins had no jurisdiction to hear the said application or to grant the said certificate.

5. That by the granting of a license in pursuance of the said certificate the number of licenses in the said licensing district of Clutha would be increased, contrary to the provisions of section 14 of the Alcoholic Liquors Sale Control Aot, 1893.'

6. Upon the further grounds appearing in and by the affidavits filed herein.

Similar notices have also been served on Mr Roderick M'Kenzie and Daniel Stewart, his solicitor.