Reports of Cases Determined in the Appeal and Chancery Divisions and Selected Cases in the King's Bench and at Chambers of the Supreme Court of New Brunswick; With Tables of the Names of Cases Decided and Names of the Cases Volume 36
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...intended as a cover for an illegal retail business. It is true no fraud was practiced on the commissioners, for they were aware of the purpose for which they were obtained; but it was a fraud on the public, who were deprived of their right to protect them. selves against the granting of improper licenses. Thomas Lawson contra. The commissioners had power under sub-section 3 of section 7 to grant the license, and having done so, they can only be revoked by a judge under the extraordinary powers given in section 31 on the grounds stated in the section. They were not obtained by fraud or contrary to the provisions of the act within the meaning of section 31. (McLeod J.: There was no notice of the meeting, and the commissioners refused to hear evidence of objections, and no special grounds were shown.) The section does not require notice or require the commissioners to receive evidence to establish objections. It does not appear that no special grounds were shown, but only that no evidence was taken under oath. Carvell same side. The fraud alleged is that the applicants obtained the licenses intending to use them as a cover to do a retail business. That is not a fraud within the-meaning of the section. N 0 misrepresentation or concealment was practiced to obtain the licenses. The inspector and the commissioners knew all the facts. A license may be obtained for a fraudulent purpose without being obtained by fraud. Assuming that the commissioners did fail to observe some of the requirements of T. J. Carter now moved for an order to __ the act, yet, under sub-section 19 of section 11, the license having been granted, is good, and can not be cancelled or revoked under section 31. After providing in section 11 for the issue of licenses, both...
- 189 x 246 x 13mm | 440g
- 13 Sep 2013
- United States
- black & white illustrations