High Court of Australia
18 HIGH COURT (1908.
H.C. or A. yinobark. A mere prohibition in a lease without more, leaves Eee the general law to otherwise operate. But if the lease prohibits, Goopwix either in toto or partially, the ringbarking of trees and also pro- Pumps, ceeds to declare its own penalty for breach, thereby specifying es the limits of responsibility for contravention, and states the tribunal to determine as to liability and as to amount of the
penalty, it appears to me to be more than a cumulative or auxiliary provision. It could not be intended by Parliament
that a lessee should suffer the two penalties for the same act.
It is substitutory, and takes the place of the earlier provision.
That is precisely the present case. I therefore think the judg-
ment of the Full Court was correct and should be affirmed. Appeal dismissed with costs.
Solicitor, for appellant, Zhe Crown Solicitor for New South Wales.
Solicitors, for respondent, Brown «¢ Beeby. C. A. W.
(HIGH COURT OF AUSTRALIA.)
CHARLES . ss ' - F ss . APPELLANT;
INFORMANT, AND
GRIERSON . ; ¢ Y ¥ i . RESPONDENT. DEFENDANT, H.C. or A. 1908.
139, Mrtbourse,
ON APPEAL FROM THE SUPREME COURT OF VICTORIA.
Licensed premises— Presence thereon "in contravention of" provisions of the Act— Cee 12, Purpose of presence—Liceusing Act 1906 ( Vict.) (No. 2068), sec. 76.
Gritith 0.3., 'The words "in contravention of the provisions of this Act" in sec. 76 (2) of
ockatte™a, the Licensing Act 1906, mean 'in prosecution of a purpose inconsistent with Isaacs JJ. observance of the provisions of this Act."
7 CLR] OF AUSTRALIA. 19
So held by the Court (O'Connor J. dissenting). H.C. or A.
1908. Therefore, where a person went into a hotel on a Sunday (when the sale of
liquor is prohibited) with the object of obtaining liquor, but was unsuccessful, Crazies his presence there was in contravention of the provisions of the Act, and he
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