The Licensed Victuallers

New Zealand Illustrated Sporting & Dramatic Review, Volume XI, Issue 552, 18 July 1901, Page 18

The Licensed Victuallers

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case. As Mr Brabant, S.M., who heard the case, took some days to consider his decision, we may conclude that he looked very carefully into the charge before he dismissed it. In delivering his j udgment he said that he was certainly of the opinion that the Legislature did not intend such a sale as this to be an offence. The object of the sub-section was not to prevent treating, or “ shouting,” as it was commonly called, but (as Mr Justice Dennison said, in a case cited by both counsel) to give a privilege to a class in a limited degree. The privilege given was] that lodgers, their guests and bona fide travellers were entitled to have liquor on Sundays and no others. Taking & common-sense view of the matter, His Worship thought that the sale might be regarded as between the licensee and the travellers, as threejjsales, one to each ; the question of who actually paid the money was not material. If a conviction resulted in the present case, the license would have to be endorsed, and he should regret if he felt bound to convict, as a very heavy punishment would be inflicted for an act which, in his opinion, the Legislature never intended to make illegal. He found that a brother magistrate had already dismissed a case where the facts were the same.