COURT OF APPEAL.

Marlborough Express, Volume XXXVII, Issue 167, 16 July 1903, Page 1

COURT OF APPEAL.

THE NEWTOWN LICENSING

CASE.

Press Association. Electric Telegraphy Copyright, Wellington, July 15. In elaborating his arguments in the Newtown Licensing case, Mr AVlains . pointed cut that the Act of 1893 was intitled an Act to give th« people greater control over the granting and refusing of licenses, whence it came that licenses had no vested right to renewal, which, depended on the result of the poll when taken. Section 75 of the Act of 1881 is unrepealed, and the discretion thence given to tbs Committee still exists. Section 21 of the Act of 1893 only applies to districts divided into parts and in many cases is limited by the words "until the period arrives for taking" the next triennial poll. Section 82 of the Act of 1881 was the solution of all the difficulties of the case. Another poll could be held by a warrant of the Governor. As to anomalies and absurdities, whatever they were they must have existed at the poll in 1886, and why should they not continue to exist ? The Court could not make the extensive alterations and exceptions suggested by Mr Skerrett. Mr Adams has not finished. During the course of argument the Chief Justice suggested that the Magistrate may not have the jurisdiction to void a poll, as it is only the result of the poll, th&t it, the correctness of the votes, which ho can enquire into.