The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday January 9 1899

This was an 'appeal preferred.against a judgment of the Supreme Court of the Colony of Natal dimissing the Appellant's appeal from a decision of the Town Council of the Borough of Newcastle upholding the refusal of the Licensing Officer of the said Borough to grant to the Appellant a license to keep a retail shop. [...] " 6. There shall be a right of appeal by the appli cant or any other person having an interest in the question from the decision of the Licensing Officer to the Town Council or the Town Board if the license is sought for in a borough or township or tthe Licensing Board of the division appointed under the ' Liquor Act 1896 ' if the license is sought for elsewhere than in the borough or towns [...] 8 of the Act XXX IX of 1896 was not on the true construction of the said Act XVII I of 1897 ousted by such Act but that the true effect of such Act was to make it necessary to appeal to the Town Council in the first instance instead of appealing direct from the decision of the Licensing Officer to the Supreme Court. [...] On the 1st day of February 1898 the Court gave judgment (the Chief Justice dissenting) dismissing the appeal on the grounds that the jurisdiction of the Court was ousted by the operation of sees. [...] Mayne for the Respondents contended that the Act vested the discrtion to issue or refuse licenses first on the Licensing Officer and ultimately on the Town Council and had negatived the right of any Court to alter the decision come to by the Licensing Officer or the Town Council upon appeal from such officer.