THE NEW BRIGHTON HOTEL CASE.
His Honor Ifr Justice Denniston gave judgment yesterday in the case James v. Patterson', in which James sought relief from forfeiture of the lease 'of the New Brighton Hotel, the forfeiture being entailed by a breach of covenant," inasmuch as the lessee had, by committing a breach of the' licensing laws, bad his license endorsed. The lessee's plea was that the offence had been committed unintentionally, iind while under a misapprehension as to the' law. His Honor's judgment is a somewhat lengthy document, and goes fully into the legal aspect of the oase, but the pith of the decision is contained in a few words. His Honor says: — Thtf lessee "must show that, but for has view of the law, he would not have committed the illegal act. This, I think, he has completely failed to 'do. If he had honestly believed that the person he supplied with liquor in the morning was a bona fide traveler, snd had identified him on. the subsequent occasion as the same person, and had on these later occasions supplied him with. liquor in the belief that, in view of the Magistrate's decision he was legally entitled to serve him, he would have committed the .act through a bona fide mistake as to the law. But he, in fact, took no steps at amy time to inform himself if the purchaser "was a bona fide traveller. He asked him no questions on any of the occasions of sale. ■;.y ^.XLt.'.y^B .evident thalT he formed no belief on'the subject, but was content to sell and take the risk. In other words, hie would have acted as he did' whatever had been his belief as to the construction of Sub-section 5 of Section 22 of th© Act of 1896. It is, therefore, impossible to hold that his breach of the law was caused through a mistake as to the law. He did the illegal act, ignorant of, and careless' of, whether the act waa legal or illegal. It cannot, I think, be said that ho made a, mistake through negligence.. . . ' . That the lessor has sustained some injury in the increased risk of two or three endorsements on his license, with the consequent increased liability to forfeiture of license or disqualification of the premises, seems pretty obvious. I think the selling value of his property is I appreciably diminished by the endorsement. j. . . The summons will be dismissed with costs."
While a cab was being driven along Cashel Street East, about (half-past five last evening, the horse, which was a young one being broken to harness, beoame unruly, and after backing into the side channels and kicking ifor a few minutes it finally fell down on the tramline. A crowd quickly gathered, end assistance being at hand, the animal was taken out of harness and assisted to its feet. No damage was done, beyoid a broken strap or two and. a few scratches on the cab and Shafts.
Astonishing accounts of the efficacy of tha Great Canadian Seaweed Cure as a specifio for Rheumatism and Rheumatic affeotion continue to como in. Tho treatm»j»t of rheumatism and gout by internal remedies has hitherto beeu unoertain ; bat all doubt as to the value of tho Canadian) Cure is now removed, it having completely cored many chronio cases. Sold by Cook and Ross, Bonnington and all chemists. Wholesale,' Kempthorne, Prosser and Co. X2063
In order to ascertain the power of the Railway fire engine, a test was made last evening at the Cathedral Square tamk. The tank was filled, aaid-the artesian well, which runs into the overhead tanks, was turned on full. The engine was then put on with a full head of steam, and using four delivery; branches, the tank was emptied in twenty-two and a half minutes, which must be considered a very good performance. . It took over two hours to refill the tank from the well. The test was conducted by Superintendent Smith, fire inspector for the oity.
The British Government is the owner of ever 25,000 camels. Several thousands are used in India to carry stores and equipments when the regiments are changing quarters.
The price of oxen has risen an England irom £10 to £144>etween 1800 and 1900...
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Bibliographic details
Star (Christchurch), Issue 7088, 2 May 1901, Page 1
Word Count
708THE NEW BRIGHTON HOTEL CASE. Star (Christchurch), Issue 7088, 2 May 1901, Page 1
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