THE APPEAL COURT.

Otago Daily Times, Issue 10194, 31 October 1894, Page 2

THE APPEAL COURT.

. (Pjbb United Pkkss AssociATiqs j . Wellington, October 30. In the Appeal Court the case of M'Kenzie. v. Hogg is being argued. This is an appeal from the decision of Mr Justice Williams in the Clutha licensing case. The question involved is whether section 14- of-"Tho Alcoholic Liquors Sale Coutrol Act 1893" applies to wholesale licenses, and prevents the issue of any new wholesale licenses except upon an increase of population in any district, as mentioned in the seefcioa. The poll at Clutha was against the granting of any publicans' licenses, and therefore, application was .made to Mr Hawkins, S.M., as ohairmw of the committee, for three wholesale licenses in the . district. There had previously been no wholesale licenses in the district. He granted the . applications, and proceedings were then taken to obtain.a writ of certiorari to quaeh the licenses, and Mr Justice Williams granted the writ, holding that section 14 applied.

The Court of Appeal unanimously dismissed tiie appeal in the ease of the Timaro Harbour Board v. the New Zealand Railway Commis-. aiouers without calling on counsel for the respondents to argue. The court held that on the evidence no contract by the Railway department to use the land for railway purposes only or to allow the Harbour Board the use ol the road had been made out; and, further, that even if there had bscn an agreement to that effect the act of Parliament vesting the laud in the Crown overrode it. The respondents were allowed costs on the highest scale.