INTERESTING POINT

Southland Times, Issue 25313, 17 June 1935, Page 6

INTERESTING POINT

TICKET IN “TAITS.”

LEGAL ARGUMENT.

(Per United Press Association.) Dunedin, June 15.

Legal argument was heard by Mr Justice Kennedy in the Supreme Court in the case in which Vivian S. Jacobs, tobacconist, appeals from his conviction for the sale of a Tattersall’s ticket. Mr J. S. Sinclair, for the appellant, stated that the community throughout New Zealand was interested in obtaining a judicial interpretation of the Act. The Magistrate had held that the section referring to receiving money for a ticket in a lottery did not apply to a lottery outside New Zealand, and had convicted on another charge of sale. Counsel submitted that the appellant had not sold the ticket to the constable. He had merely remitted the money to Tasmania, with other sums, requesting that tickets be sent to the names and addresses given, and the position was no different from the constable sending his own money. Before a ticket-holder could be convicted, the sale and purchase must take place in New Zealand, but remitting money did not amount to a purchase until the remitter received the ticket, and, even then, the purchase took place in Tasmania. Assuming that the Court held that any person had the right to send direct for a ticket, the question upon which the whole Dominion awaited a definite decision was whether it was unlawful to send through a third party, and was that third party an offender? The Court adjourned pending the Judge’s return from the Appeal Court.