LICENSING CASE.

Lyttelton Times, Volume CXV, Issue 16741, 23 December 1914, Page 4

LICENSING CASE.

A CONVICTION' QUASHED. [Per Press Association.] DUNEDIN, December 22. In the Supreme Court to-day Messrs Stout and Obeirn, of Invercargill, appeared in support of a motion to quash the conviction of John Kerrigan, of Campbelltown (Bluff), hotelkeeper, on a charge of selling liquor to a person already in a. slate of intoxication. Mr Macalister, of Invercargill, appeared to oppose tho motion. After hearing argument Air Justico Sim held that the conviction so far as it embodied endorsement of tho license was bad and must bo struck out. The irregularity was tho pronouncing of sentence that defendant should be fined and his license endorsed before any attempt was made to comply with section 247 of the Licensing Act. The Magistrate did not inspect thejegister before giving his decision. No costs were allowed. , An application by C. J. A. H. Tipping and another, owners of the hotel, for possession of the premises, arrears of rent and other claims, was adjourned to Invercargill for ovidence. LIQUOR IN NO-LICENSE DISTRICT. CHARGES DISAHSSED. [Per Press Association.] PAHIATUA, December 22. In the Magistrate’s Court tho licensee of the ALakuri Hotel was charged with sending liquor to the no-license district of Alasterton without first obtaining a statement in writing. Tho offences were alleged to have occurred in the Pongaroa district. Counsel for defendant contended that there was no clause in tho Act to justify the information. There was no offence, lie held, prior to passing the amending Act on November 2. After hearing the police the Magistrate said he did. not think there was anything under the old Act to make it compulsory for tho defendant to liave a statement in writing. All ho had to do when receiving the order was to put it through his liquor book and notify the clerk of the Court. Under tho amending Act, however, he pointed out, tho order had to be in writing in duplicate. The carrier must also produce a copy of the order. The present information was laid a little bit too soon. The three informations wore dismissed, and two other charges were adjourned.