SLY GROG CASES.

Otago Daily Times, Issue 10305, 12 March 1895, Page 2

SLY GROG CASES.

The police yesterday obtained another con' viction in a case of sly grog-selling. The offender in the ca«e was Mr Attwood, of Fortrose, whoso place was visited one day last month by two constables "in the guise of swaggers. When they cratered the premises they found the bar fitted up like dn ordinary bar, and had no difficulty whatever in obtaining liquor, a large quantity of wmctt was eubaeqaently seized. Yesterday, at Wyndhara, Attwood Was charged before Mr Bawsotf, S M with selling liqtlor without a license The) magistrate, in the first instance, fined the defendant £25, but said he woOld not forfeit the liquor Sergeant Macdonell, who appeared lov the prosecution, protested strongly against the liquor not being forfeited, and pointed oat that section 187 of "The Licensing Act 1881" left him no option but to forfeit the liquor. After scans argument oh' the point, his Worship reduced the fine to £10, and ordered the liquor, which was valued at £18,. to-be forfeited. The section of the act referred to by the sergeant is as follows:—"In the event »f the owner or occupier of any premises being convicted of selling, or exposing, or keeping for sale ' any liquor which he is not authorised to sell, the liquor so seized and the vessels containing such liquor shall be forfeited." The dictum of Judge Broad relative to the matter, it may be stated, la thus set forth in the "New Zealand Law of Innkeepers":-' Where liquors are seized under authority of a warrant, under section 186 of the act, and the owner or occupier of the premises is afterwards convicted of Belling, or exposing, or keeping for sale any liquor which he is not-authorised to sell, the conviction will be bad unless it includes forfeiture of the liquor so seized (cxparte Lennon, 4 A.ii.l.. 88; exparte Black, 1 A.L T. 13)."

On Tuesday last a Chinaman was fined £10 and costs at Vaikaia for selling liquor without a license, and on Wednesday some cases ofsly grogKelline will be dealt with by Mr Hawkins, SM at Balclutha; so it will be deen that the police have been pretty active lately in discovering breaches of the law, and have covered a large extent of country in their attempts to bring offenders to justice.