A CLUMSY LAW.

Marlborough Express, Volume XLVI, Issue 264, 7 November 1912, Page 5

A CLUMSY LAW.

ITS AMENDMENT SUGGESTED, j 1 OBJECTIONABLE PROCESS. | . ■ —— ! An application for a Magistrate's certificate in respect to an application I for a license for the Clarendon Hotel, »j Picton, was heard to-day at consider- | able length by Mr R. S. Florance, I isM. The applicant was Mr William I Pacey, for whom Mr Claude H. Mills j appeared. Sergeant Hanson represented the , police. I Evidence was given by William ' Pacey, Mrs Pacey, and R. D. Mclver, solicitor, of Kaikoura, and it was supported by a largely signed memorial j representative of Kaikoura, and testi- | tying to the good conduct of the Pier 1 Hotel there by Mr and Mrs Pacey. ; The evidence adduced by Mr Mills was in great part offered by way of rebutting a certain adverse reference appearing in a report made by the con- | stable at Kaikoura. Explanations i were also given in regard to the action ;of a North Island Licensing Ooinmit- '. tee, of admittedly" prohibitionist i sentiment, in refusing an application, I which refusal was closely followed by I the decision _of a Southern-Magis-i trate to adjourn an application in 1 respect to a hotel in his district for i eighteen months. In the course of ! his evidence Mr Pacey said that his i experience of the conduct of hotels ! extended over 28 years, and the police | reports to the Licensing Committees | had invariably been favorable. Mr and Mrs Pacey absolutely denied that the adverse element of the Kaikoura constable's report was justified. Sergeant Hanson cross-examined at length, and submitted that the constable's statement should be regarded as capable of •substantiation. In adjourning the application for further inquiry, his Worship remarked on the circumlocutory and objectionable nature of the process of determining whether a magistrate's certificate should be issued. Mr Mills agreed. It was pointed out that in this case, for instance, it became incumbent on the Magistrate personally to_ make further investigations, which might possibly have an invidious appearance. At least, it was desirable that the Kaikoura constable should pc given an opportunity of confirming or explaining his report on oath. Neither was the position fair to the applicant, whose affairs were delayed and who also might be put to greater expense. The question might be asked whether the process of granting or refusing a magistrate's certificate should not be done away with altogether and the whole matter referred directly to the Licensing Committee; • VY 1 any caS€ tt- seemed to be desirable that the law should be so amended that the evidence on which the merits of the application f or a certificate were considered could be ten-