TAPANUI SLY GROG CASES.
A RULE NISI REFUSED
WELLINGTON, April 3.
Application was made yesterday to Mr 'Justice Williams in Chambers for a rule nisi to prohibit further proceedings under the conviction of James O'Dowd, of Tapanui, Who "was fined lately for selling liquor in the district of Clutha. The point on which ,I:he application was based was that the magistrate must, before convicting for such an offence, inquire and determine whether all the steps prescribed by the Licensing 'Acts of taking the poll had been strictly complied with ; and that it was insufficient for the returning officer merely to state on !the prosecutio"n that "no license" had been carried. Dr Findlay, instructed by Mr D. D. L Macdonald, appeared in support of the motion. Mr Justice Williams held that the magistrate was entitled to treat the returning officer's statement that "no license" had been carried as conclusive unless the defendant proved that the vote was improperly taken, and that in law "no license " had not been carried. On that ground the rule was refused.
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Bibliographic details
Otago Witness, Issue 2456, 10 April 1901, Page 28
Word Count
175TAPANUI SLY GROG CASES. Otago Witness, Issue 2456, 10 April 1901, Page 28
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