LAW REPORTS.

Dominion, Volume 5, Issue 1315, 19 December 1911, Page 3

LAW REPORTS.

BOTTLE LABELS. j ON THE WHISKY OF HOTELSTHE PANAMA. ] _ . i Three prosecutions, laid by the police ' under Section:! 10 of the Licensing Act, were heard in the Magistrate's Court yesterday morning, before Mr. W. G. Kiddell, S.M. The section of the Act referred. to runs as follows:— Aay person who has in possession (or under his control) any bottles with labels affixed thereon, and (without destroying such labels) makes use of such bottles for the purpose ot bottling liquor for sale, is liable to a fino of not less than twenty pounds, or more than two hundred pounds for each offence; and any person who knowingly sells or purchases such liquor is liable to a similar fine for each offence. Tho defendant in the first action was John Charles Mason, licensee of the Panama Hotel. It was alleged that on October 10, he had refilled a "Mackmlav whisky bottle with liquor for ade, without having destroyed the label Sub-In-spector Sheehan prosecuted and Mr. r. G Dalziell appeared for the defendant. Evidence for the prosecution was given by Constable Greene, Inspector of Weights and Measures, Sergeant M'Crorie, of Mount Cook, and by Dr. M'Laurin, Dominion Analyst. It was not alleged that the liquor-was represented as Mackmlay's whisky. It was, in fact, admitted that it was not. Mr. Dalziell, for tho defence, contended tlint the act was framed to deal with the practice of bottling liquor for sale in New Zealand, while representing it as liquor bottled elsewhere. It was plain that the liquor was not represented as Mackinlay's, and that it was not for sale as a bottle of whisky. There was nothing in the Act to make the licensee liablo for the action of his servant. Counsel called Maud Hamer, the barmaid, who stated that on the day in question, tho bottle that had the Mackinlay label was being used as a decanter. Decision was reserved until this morning. Foresters' Arms and Princess. Sarah Jane Bird, licensee of the Foresters' Arms Hotel, and John Shortis, licensee of the Princess Hotel, were charged with refilling "Walker's" whisky bottles, on October 16, with liquor for sale, without having destroyed tho label. Mr. J. J. M'Grath appeared for both of these defendants. In tho case of the Foresters' Arms sale, the defence was much the same as in the first case, the licensee contending that the whisky was sold as Watson's draught whisky In the case against Shortis the defence was that the liquor was not for sale; that it was kept under tho counter, and was never exposed for sale as it was the dregs of a cusk. His Worship held that both informations must bo dismissed, though he remarked, that, in the case of Shortis, the keeping of the liquor in the bar left the licensee open to . some suspicion. ' The magistrate commented on tho dc-' lay in prosecution and also remarked that, when police officers went into the box to give evidence, they should always be prepared to produce their notes taken at thn time; not copies mado subsequently. Sub-Inspector Sheehan remarked' that the informations had been laid as soon as the analyst's report came to hand. His Worship replied that he did not blame the police. RESISTED POLICE. A young man pleaded guilty to a charge of drunkenness, and to a further charge of resisting Constable Munro, while the latter was in tho execution of his duty. For the Srst offence lie was convicted and discharged, and, for the second, he was> fined .£3, the alternative being fourteen days', imprisonment. ASSAULT. Andrew Duncan, for whom Mr. H. F. O'Leary appeared, was charged with assaulting a lad named Cecil Hastings on December 12. 'After hearing evidence, the magistrate imposed a fine of 205., with costs and witnesses' expenses. SUNDAY TRADING. ■ For keeping his' shop open for the transaction of business on Sunday, December 10. Neil Austin was fined 205., and costs 7s. For a similar offence Wm. Joyncr was fiaed 10=. and costs 7s. FKOM MOVING TRAIN. On November i last a resident of Ngahauranga, named Alexr. Aitken, alighted from a train while it was in motion, near the suburban station mentioned. He admitted the offence in the Magistrate's Court yesterday, and was fined 10s., and costs 9s. MAINTENANCE. For disobedience of a maintenance order, under which the arrears amounted to ,£ll 135.. Alexander. E. Johnson was sentenced to one month's imprisonment. OTHER CASKS. Jean Munro, alia? Romanson, who had recently been discharged from the Salvation Army Home, was convicted and discharged for drunkenness, but, for a fourth breach of a prohibition order, she was committed to the Inebriates' Home at Pakaloa Island for one year. Annie Murdoch was convicted and discharged for drunkenness, and was fined 205., with the alternative of seven days' imprisonment, for procuring liquor during the currency of a prohibition order in force against her. Christina Lawson, who was charged with drunkenness and with two breaches of a prohibition order, was sentenced to one month's imprisonment. On a charge of drunkenness, Geo. Broughton was fined £1, with the option of seven days' imprisonment. A prohibition order was issued against him. A prohibition order was issued against James Smith, to take effect for twelve months. John Aitken was convicted and discharged for drunkenness, and was fined .£.l for a certain charge, the alternative being seven days' imprisonment. Morgan Burke, wbi admitted a. certain charge, was fined £Z, in default seven days' imprisonment. . Mr. J. J. M'Grath appeared for the accused.