RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 4012, 25 December 1874, Page 5 (Supplement)

RESIDENT MAGISTRATE'S COURT.

Thursday, 26th December, (Before J. Bathgate, Esq., R.M.)

Drunk and Disorderly.—Hannah Kelly, an old offender, was ordered to pay a penalty of £5, in default 14 days' imprisonment, for drunkenness.

Contempt of Court.—Louis De Buisson was charged on warrant with disobeying an orJer of the Court to contribute 7s 6d a week towards the support of his wife. —Mr M'Keay, who appeared for the defence, stated that defendant had been in the Hospital, and had not been in a position to pay the money. Prom the evidence it appeared that defendant had 23s on his person when arre3ted, and bad not supplied nis wife, who was in ill health, with a shilling for six months. The Magistrate ordered him to pay all arrears and costs. The N rctWT License Question. —Percival Barker, proprietor of the Criterion Hotel, was summoned for that he, on the 12th December, being the holder of a publican's license, did keep his hotel open after the hour of ten o'clock at night, contrary to the Licensing Ordinance.—Mr Haggitt appeared on behalf of defendant, and would not dispute that the hotel had been kept open even until midnight, but not unlawfully. There was no such offence as that stated in the information. His Worship had already expressed a strong opinion upon this question, and he (the learned counsel) hoped that, if he was open to conviction, to convince him that there was no such offence as that alleged. He contended that in the present state of the law, Mr Barker could keep his house open from the Ist July to the 30th June, so long a period m his license was for, without closing his doors. The 3?nd section of the Licensing Ordinance did not apply to the holders of publicans' licenses, and there being no other restriction in any Act or Ordinance upon the holders of publicans' licenses, or upon the holders of any licenses, Mr Barker, being the holder of a publican's license, had not committed the offence charged agajinst him. Mr Haggitt delivered himself of a lengthy .address, and again raised the arguments adduce;:} on a previous occasion. In conclusion, be remarked that if His Worship had followed him, it would be quite clear j;hat general Dight licenses could not bs supported by publicans' licenses ; and in a quasi-criminsj pase of this kind, His Worship must bear in mind that he must not stretch the law for the purpose of inflicting a penalty. It was in the province of the Provincial Council to remedy what was required,—Mr Batbgate said he had listened attentively to tke abls and ingenious arguments of Mr Haggitt, and would fake time to consider bis decisien.

Alleged Sly Grog-traffic. — James Hyndman was summoned, on the information of George J&tridge, for unlawfully selling a quantity of ajcohojip liquor at Green Island contrary to the Licensing Act, J. 873, —Mr Harris defended. —Informant did not appear, and Sub-Inapector . Mallard stated that he had good reasons for believing that he had been in company of defendant.—A ■jyarrant was issued for his apprehension, and tbe hearfn<j of the charge adjourned until the 12th January, ~ Miscellaneous. — A »«mer-ous 1/st '_' of bye-law" cases were dealt witji. William Lloyd, charged with hawking fish without first paying the market dues, obtained an adjournment. A charge against James Keller of throwing stones was dismissed,