HOTEL LICENSEE'S CASE

New Zealand Herald, Volume LXXI, Issue 21879, 15 August 1934, Page 14

HOTEL LICENSEE'S CASE

DECISION CHALLENGED SUPREME COURT RULING [BY TELEGRAPH —PRESS ASSOCIATION] INVERCARGILL. Tuesday The licensee of Brown's Hotel, James Newsham West, proceeded in the Supreme Court to-day, on a motion for a writ of certiorari, alleging that Mr. E. C. Levvey, S.M., exceeded his jurisdiction when he ordered the cancellation or forfeiture of the licence, and, after having signed his record book, deleted the cancellation and inserted what purported to be an amendment, ordering the endorsement of the licence.

Mr.' Justice Kennedy said it was admitted that the cancellation must be deleted, leaving the conviction standing with a fine of £ls. The magistrate, after entering the conviction, subsequently altered the record, adding, in place of tho cancellation, a direction that, tho licence be endorsed. His subsequent alteration amounted to a fresh substantiate adjudication, and went further than the mere correction of an omission or mistake. His Honor said that part of the conviction which directed that the licence be cancelled or forfeited, and of the amended conviction which directed 1 that a record of tho conviction be endorsed upon the licence would be quashed.