IMPORTANT LIQUOR CASE.

New Zealand Illustrated Sporting & Dramatic Review, Volume XVIII, Issue 1049, 14 April 1910, Page 22

IMPORTANT LIQUOR CASE.

A case of importance to the travelling public and hotelkeepers was heard recently at the Maclean (N.S W. ) Police Court. A man namied Barber and some companions left Maclean on a recent Sunday morning and drove to Yambo, ostensibly to go surf-bath-ing and for a day’s outing. At Yambo, which is 12 miles distant —two miles beyond the statutory limit beyond which a traveller can demand refreshments —-they pulled up at an hotel, had a drink, left their horse and trap there, and also ordered lunch. Barber then went to the proprietor of another hotel, 200 yards distant, to borrow a bathing costume. He had a drink at the second hotel, and when coming out was met by the local policeman, and admitted having the drink at each hotel. He was summoned for being found at the second hotel in prohibited hours. The case was heard originally on March 2, before Mr. A. J. Piesley, P.M., and on the application of Mr. S. W. Dowling, solicitor for Barber who had taken the point under the English law that the defendant was justified in going to the second hotel as he was a bona fide traveller for the whole day until he arrived home at night, the case was adjourned to allow of The solicitor to produce the report of the case in question. Later on the case was reopened, and Mr. Dowling cited the case—Oldham and others v. Sheasly, reported in 60 Law Journal Reports, 1891, Magistrates’ Cases, at page 81. The P.M., after hearing Mr. Dowling, said he preferred to follow the English law in a case such as this, as there were no colonial decisions cited by the police overruling this decision.