A BLOW AT' TIED' HOUSES.

Otago Witness, Issue 2310, 9 June 1898, Page 24

A BLOW AT' TIED' HOUSES.

Wellington, June I,

An iaiporfcanb question re' " tied" houses was decided in the Supreme €oarlr before fche Chief Justice. W. G. Ryland's, licensee of" fche Te Aro Hotel, sned hi 3 landlady, Elizabeth F. Crai/k ford, ot Palmprsfcon Norbb, to have sefc aside/a covenant iv.a lease binding him fco take be&t brewed by Macarthy, who was also joined 1,3 defendant. At the time fche action was beg a a a conviction was on reourd against Rylaad. tor & breach of the licencing laws by Sunday trading. In bhe appeatl since- made* fie was scccessful, and fche couvicijion was quashed. Sir Robert Sboub, ' who appeared on behalf of RyJand, now argued I that fche covenant was invalid, because hiaclteab [ had nofc had' nofr'fce of itr, and" not having been I registered it did' nob give Mtsoarfchy an tnberesb I in- the land. If an- implied or a coilafceral' agreement was relied- on, such agreements' were abolished by sfcafcute. They were enfcibled, ib all 1 6veafcs, to have fche covenaoC jstrnuk onfc of fche kase, and' if defendants- reiind open | some ccllttfceral agreement, then ha nmcb raly ' upon ib. He would nofc rely upon bhe covenant iv the lease, as under fche 1 Land Transfer ■ Acfc fcnere could be no such agreement binding on land. Mr Ollivier, who appeared for the defendanb-^acarthy, agreed fchab- the. licensee ! coui'd- neb- repudiate fche burden unless- he also repudiated bhe benefit- under hi* lease, and 1 he ! also submitted- that; they were entitled fco treat ' bis action in- bringing- the present proceedings as- an election fco .repudiate his" lease as* claimed ]by Miss Oiawford. Hia Honor gave judgment, j holding in- effect thafc fchg' law enacted that any 1 provision ia-regasd' to biDding- a house fco taka supplies of beer is void, and fcbat any "tfoeucuenfe in which such provision is inserted is to- bu read as if it- did not appear in it. There might be, his Honor said, anmuibind of celiaf opao. fco ile* . f endant by way- of. « couutec claim, or special action,, but on that point he- would' express- 00 j opinion. Hs vuled fefaat plainiiff was entitled j; to> the relieE asked for;, and- fchab Cho instrument ;ib quesbion wan to be rectiiieci a? bh« omx«»<uo ;, &i «he expreas-oavenanb agrsf.-. h» GeatiS' were {< al loweu-i oa the lofr^k? ssuaie r ..,-..,.., ...,. .„ „—■ „-»