NOVEL LAW DEFENCE

Taranaki Daily News, 1 May 1933, Page 9

NOVEL LAW DEFENCE

LICENSING CHARGE FAILS HOTEL PARTLY ON ROAD. SURVEYOR GIVES EVIDENCE. By Telegraph—Press Association. Auckland, April 29. The fact that a portion of the Riverhead Hotel was situated on land which had been dedicated for use as public roads was revealed in the Police Court yesterday "during the hearing of a case against four men charged with being found without lawful excuse on licensed premises after hours. They pleaded not guilty. • After evidence had • been given by three constables regarding the finding of defendants on the verandah of the hotel at about 9.10 p.m.' on March 11 Mr. Dyson,, for the, defendants, said that the part of the hotel on which the men had been found was on land dedicated as a roadway. Having regard to the fact that the property was a road and a public place it could not be said that defendants were guilty of trespassing on licensed premises. A registered surveyor, B. J. London, said he had searched the title of the hotel premises and made a survey of the property. In 1863 roads had been dedicated but . not formed. Subsequently the hotel was erected and the building overlapped Bft on what was supposed to be York Terrace and 15ft. on Queen Street

“I definitely state that the verandah and portion of the front of the . hotel is on a public road; there is no doubt about it, ’’ declared witness. - < “It is a most curious, position,” remarked the magistrate, Mr. W. R. McMcHugh, the prosecutor, whether he Kean, who asked Detective-Sergeant McHugh, the prosecutor, whether he had any question to ask the witness. "No, I do not think I can ask any more questions in view of the circumstances,” replied Mr. McHugh. “We will have to shift the hotel,” he added facetiously. The charges against the four defendants were dismissed.