In re Lyman

The defendant contests this application on two grounds: first, because the assignee of the certificate has not been made a party to the proceeding, nor been served with a copy of the petition and order to show cause, and second, because, as he ■claims, he has not violated any provision of the Liquor Tax Law, a conviction for which would cause a forfeiture of his certificate, or of the right to a rebate of a portion of the tax paid thereon.

The last-mentioned ground will be considered first.

The proof shows that application, under section 25 of the Liquor Tax Law, to surrender the certificate in…