LIQUOR IN DRY AREAS.

New Zealand Herald, Volume LII, Issue 16026, 18 September 1915, Page 5

LIQUOR IN DRY AREAS.

MAGISTERIAL DECISION.

TELEGRAPH ORDER NOT LEGAL.

[by telegraph.—press ASSOCIATION.]

Dcnedin, Friday. Mr. Bartholomew, S.M., gave reserved judgment this morning in the case in which he was asked to decide whether the transcript of a telegram was such an order as is required under the Licensing -ict, when sending liquor into no-license districts. Defendant was charged with selling, supplying or sending, liquor to Owakai, which was intended to be taken into a no-license district, except in persuance of the terms of an order signed by and stating the address and occupation of the purchaser thereof. The transcript of the telegram produced set out the name, occupation, and address of the sender, and counsel had contended (1) that the transcript of the telegram was an order within the meaning of the section ; [2) that defendant did not supply liquor intended to be taken in by the purchaser or his agent; (3) that the original telegram handed in at the Telegraph Office is a sufficient order. The magistrate ruled that there must be a personal signature by the purchaser, and decided against counsel's contention that the original telegram handed in is sufficient order. In regard to counsel's further contention that defendants did not supply liquor intended to De taken into the district by the purchaser or h's agent, His Worship said :—"1 can see no leason for putting a restrictive meaning on the expression in subsection (5), and I am of opinion that it denotes the removal of liquor into a no-license district by whatever agency. Defendant will be convicted on a charge of selling, but as this is the first time the question has been raised, and the defendant cannot be said to have acted unreasonably, he will be merely ordered to pay Court costs."