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APPHAf. PROM HiLtCn fOVHT. OAWr.KR.Ai.k.kanpfr I-'raw is (appellant) v. Gkort.k Mo.vtaoi;k 'respondent). This was an app-al against a judgment by Mr. W. Johnstone, S.M., at Gawfnr, on March 23, whnreby A lexAndnr^Kranois was convicted for that ho on M arch 7. bo mg thn holder of a wino lix-nre in respect of his licensed premises, unlawfully rlid not during regulation hours havn every d»*or lolling to tho bar and taproom locked, contrary to tho provisions ol section 38 of the Li'*m*nd Victualler* Act. 18%, for which alleged m ho was fined £2 and Cl 8s. 3d. coats. Mr. Iludall for the api»nllant, Mr. Stuart for thn respondent. Thn grounds of appeal worn that tho information did not disob.mt an offence in law. and that tho conviction was bad in law. and contrary to rho wmgbt of evidence, fn summing up 11 in f Tonor said it appeared to him that, even thn evidence in tho case afforded a loophole not provided for in thn Act., in that there wan an opening in tho wall which could hardly I* described a* a door. The charge laid was that on two seoarate Sundays thn defendant did not keep every door leading to the bar shut. Then tho contention was that this created a breach under rule .*18. and that the Magistrate hAd thn right to impose a penalty. Mo quoted clause 3b. which provided that liquor should not »* supplied on Sundays except to boarders. lodgers, and traveller*. Then came clause 38. under whic.h ho thought the information h.vl boon wrongly laid, which ■aid that if at any time on Sundays the door, Ac., should he found open it shall be rrrm). fnr* evidence of the sain of liquor on tho prn misns. and any onn found on the promises shall l»e liable togivotbeirtrnnnamesand addresses, Tho officer who laid the information had taken upon himself i.hat thn provisions of clause 38 compelled the man to keep his doors shut. Thn clause placed thn onus upon thn defen dant to prove that no liquor was sold other than to a traveller. Ac., and did not providn that a penalty should bn imposed. Tho appeals were upheld and both convictions quashed, with fi5 5*. costs to ©over the two appeals.
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Adelaide Observer

Adelaide, South Australia, AU

Sat, Apr 10, 1897

Page 20

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AU 09 Dec 2022

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