COUNTRY LICENSING CASE.

New Zealand Illustrated Sporting & Dramatic Review, Volume XX, Issue 1126, 9 November 1911, Page 22

COUNTRY LICENSING CASE.

GAMBLING ON THE PREMISES,

A sitting of the Supreme Court in banco w’as held before Mr. Justice Edwards-

Argument was heard in the case in which E. Hill tr , a hotelkeeper at Tokatoka, had been convicted at Dargaville by Mr. Frazer, S.M., of permitting gambling, in the form of a series of “shillings in, and the winner shouts,” on his premises. A fine of £lO w’as inflicted, and it was also decided by the magistrate that the license should 'be endorsed. At the request of the defendant’s solicitor, the question of the endorsement was held over till next day, in order that the owners of the house might be represented. On the second day the magistrate maintained his decision, and accordingly endorsed the license. On the day, however, upon which the license was actually 'endorsed, the. magistrate did not have before him the register of licenses, or a certified copy thereof, as required by the Act, although such register had been available upon the first day. The decison of the magistrate was appealed against, and the matter came before Mr. Justice Edwards in Auckland on Friday. Dr. H. Dean Bamford (instructed by Mr- Hanna) appeared for the appellant, and Mr. Selwyn Mays for the respondent (Constable McDonnell). The judge held that the decision of Mr. Justice Denniston in the c'ase of Bullivan. v. Wilson was conclusive upon the point that the register must actually be before the magistrate at. the time of endorsement, in cases in which endorsement is within the magistrate s discretion as in this case. He ordered that the portion of the conviction relating to the endorsement be struck out, but that the conviction in regard to the fine should stand. It w*as remarked that the oversight was a purely technical one, and one that might easily occur under such circumstances. No costs were allowed to the appellant. ; —?