The Archive · 1923

No "IF"? ABOUT ITS

His Worship—There is no ''if" about it. I am sitting under the Order in Council.

Mr. Reader Harris—Then. the only "offence _you can try would be an offence under the Order in Council.

His Worship made a note of the objection, which he overruled.

Mr. Harris nex submitted that the matter was not a criminal one at all. If there had been a breach of the licence—which was a contract between defendant and the Municipal Council subject to certain conditions—then clearly it was a question of breach of contract, subject to civil jurisdiction.

Mr. Maitland, in reply, argued that a breach of the licence conditions involved infringement of the laws, and thus the offence was a criminal one under the by-laws. Any English court would have jurisdiction under the same conditions.

His Worship agreed, and this objection also was overruled.

Text read from the printed page and cleaned; old type leaves the occasional error.

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