MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 206, 25 May 1908, Page 4

MAGISTRATE'S COURT.

•: (Before Mr. .W. ' G. -Riddell, S.M., oni , - . - Saturday.), . j .VfISG'ELLAKEOUS; j : Threo ,firstpffonding jnebriatcs' were convic'tocl; and discharged, "a'nd. -ono, was I coriyictod'. and fined -55., in default 24; hours'' imprisoiini'ent.-. An old-ago pensioner, named John lined ,ss;, ;in .default 24, . hours'', imprisonment, oil: a v cka'rgo of-, drunkenness.'' ■ -- ; r--- — • i .A plea '.of ..guilty-was, ont^red.-by' 5 Jamep ; Troy-to; a cliargb of 'the: theft "ofrsixi woollen underpants,: valued- at, Gs '.lid,, -tho -property ■ of Thomas -'Wariioe!?.He was Bontouced to : <hard. laboui'. 1 For; behsviiig i'ni ,'a; * disorderly •' manner • ift \Vlllis : ::Stroet'. ; ou, Friday • night,' Alfred' -Terry and Charles Bovan wero each fined 405., in default 7- days' imprisonment. Arthur Fishor,. an ; absconder - from the Burriliain Industrial School, was cbiivicbsd, and ordered to bo returned to tho institution. . KEEPING LIQUOR FOR SALE. NOT AN OFFENCE. . Tho Magistrate' gave, judgment in .tho case against. -Herman ; Sigurd jl'earspn, charged with., .unlawfully-', koephig'-whisky -for - sale, which ho was not,authorised:to soll. OnMay IG, dGfondaut convicted for selling whisky: without a license, and on. tho .same date ho was charged with tho present offence, and his counsel, Mr. Wilford, argued that, as there, was no such : offence contained in tho Licensing Act, tlib information ' should bo .'dismissed...'Section' 159. of the Act: niado the selling -or ,-exposing for sale of aiiy- liquor, which the person charged was not licensed to.', sell, an bifenco, - and provided a " penalty for • oaph L apt- ' But tho action' .did ,rifer to koepirig for salo u as ..an offcnce'.'iu'i ally way. That: was referred to in section 18G, which' empowered any Justice of the-Peaco to .issue a,'search detection .and soiziiro (of liquors' kept coiiirary to law, /' and : again; in section' 187,' ■ which : stated that, in 1 tho event of tho owner or tlie occupier- of any promises'- being convicted ;of selling, exposing, or keoping for salo any liquor which he ivas not authorised to'sell, tho liquor so seized and tho vessels containing such linuor should be forfeited. This section seemed to infer that keeping: liquor, for salo by an unliceusod pcrr son was .an offence, but in no part of the 'Act wa-s suclj a'fact actually stated. It wag clear, . that tho -'defendant, . kept liquor for salo, which ho was' riot authorised to sell, but as the Act did not, in tho Magistrat-o's opinion, make this an 1 offence, lie could not bo convicto:!. . .The. information was dismissed. ( ,