CONSTABLE’S ACTION
No Legal Authority, Says Magistrate UNUSUAL TYPE OF CASE By Telegraph—Press Assoe’ntion Ashburton, May 7. Reserved decision in a case of an unusual type was given to-day by Mr Morgan. S.M., when a man was charged with being found drunk in a public place. Counsel for defendant held that the two constables who arrested him exceeded their duty by carrying defendant from tlie yard of an hotel to the roadway, so that they could arrest him in a public place The magistrate said that it had been held that a yard of an hotel was part of the licensed premises, but even if defendant was committing the offence of being on licensed premises w'thout lawful excuse during closed hours (he was not so charged) no power to arrest or right to remove him therefrom for that offence is given a constable. He could find no legal authority for the action of tlie constables in removing defendant. The case was dismissed. Henrv Stanley Jones was fined £7 (costs £2/8/10) for illegally selling liquor, and Edward Robert Hill 120 for having aided Jones in the commission of an offence. Hill was the occupier of premises on which liquor was found.
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https://paperspast.natlib.govt.nz/newspapers/DOM19370508.2.105
Bibliographic details
Dominion, Volume 30, Issue 190, 8 May 1937, Page 13
Word Count
200CONSTABLE’S ACTION Dominion, Volume 30, Issue 190, 8 May 1937, Page 13
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