APPEAL COURT.

Gisborne Times, Volume XXVII, Issue 2628, 9 October 1909, Page 5

APPEAL COURT.

A PUBLICAN’S CLAIM

f Per Press Association.l WELLINGTON, October 8. The Appeal Court to-day is hearing the appeal in the case of the Minister of Customs and McPharland. .-The respondent is a publican who claimed the right upon purchasing beer to draw oil and sell two gallons and upwards without affixing a duty stamp. His claim was upheld by Judge Chapman, and the Minister appealed. The case turns on a clause in the Act pre,scribing that “no person” shall sell except as provided! Mr. Myers is for appellant, and Messrs Skerratt and Sharp fox-re-spondent. Mr. Myers contended that the word “person” referred to every person, and was ah absolute prohibition. If it meant to refer to breweis only the provision would be superfluous, as they were specially mentioned in another section. The Act was not merely a revenue Act, but was intended to regulate the distribution of beei.. Mr. Skerrett. for defendant, contended that so long as a brewer had paid duty on every cask of beer removed from his brewery the revemie authorities were not concerned with what became of it afterwards. Judgment was reserved, and the Court adjourned till Tuesday.