MAGISTRATE'S COURT.

Hawera & Normanby Star, Volume XLII, Issue 7364, 16 January 1902, Page 4

MAGISTRATE'S COURT.

, « Wednesday, January 15. (Before Mr H. Eyre Kenny, S.M.) i PROHIBITED PEHSONS ON LICENSED PREMISES. Police v. T. Gilroy. Defendant, a prohibited person, was charged with entering the Empire Hotel, licensed premises. He pleaded guilty. His Worship said he was determined that prohibition orders would not be waste paper. A prohibited person who went into an. hotel was very likely to get a hotelkeeper inadvertently into trouble. A fine of 40s, with costs 18s 6d, was inflicted. J. Adams, who was defended by Mr Welsh, was similarly' charged with entering licensed premises on two occasions. He pleaded not guilty. Mr Welsh said the facts were not in dispute. On 15th July last a prohibition order was made at Marton against defendant, the period being for twelve months, and the order to apply to all licensed premises in the licensing district of Marton. Defendant was temporarily employed on public business, and it was a hardship that he was to be debarred from entering a hotel in course of such business. That was, of course, apart from the legal aspect. Defendant contended that the order only extended to the licensing district of Marton, ami the position seemed to him (Mr Welsh) inarguable, and he cited the Act in support of his contention. " Any licensed person " clearly meant •' any licensed person," not " every licensed person," and the Act would not state that a magistrate or justices might mal>e an order applying to any other city or town if an order was intended to apply to every part of the colony. The Magistrate said the section was badly drawn, and was susceptible of several readings. Mr Welsh said that was so. Section 13 of the Act of 1893 was, he thought, conclusive. His Worship said that the Act of 1895 would have to be considered. Mr Welsh said he was coming to that. The Act of 1895 was an amendment Act of the principal Act and < i the Alcoholic Sales Control Act, and us such they had a right to look at the principal Act. The words of the amending Act must be construed as having tho same meaning as the words in the principal measure. The construction that an order extended to all the colony would be an infringement of the liberty of the subject, and could surely not be accepted. The Magistrate Baid ho would reserve judgmen 1 . He was glad the question had been raised at last in this district. He would consult Judge Kettle, as they both sat in Wanganui, and it would be awkward if they were to give judgments opposed to each other. He might say that he would treat this as a test case, and if he convicted would diner inflict a nominal fine or convict and discharge The point was an open one at present. CHAINING WHEELS. H. Greville was charged with allowing a horse and milk cart to stand on the street without the wheel being chained, and was fined Is and costs 7s.