SUMMONS NOT SERVED
Farmer’s Conviction
Quashed
(New Zealand Press Association) WANGANUI, May 5. The conviction against Stewart Hoe, farmer, of Wanganui, on the charge of failing to clear noxious weeds, was quashed by Mr Justice Hutchison in the Supreme Court at Wanganui. The burden of the action was that Hoe had not been served with a summons to appear in the Magistrate’s Court, Wanganui, on January 22 this year. On his non-appearance evidence was given by an inspector of noxious weeds and the Magistrate (Mr S. S. Preston, S.M.) convicted Hoe and fined him the maximum fine of £5O, without knowing summons had not been serveci. In his summing up, his Honour said the Magistrate had done his best to rectify the position after the mistake was discovered. He had'cancelled the entry of conviction and had enlarged the summons for hearing at a later date. There had been no argument put before his Honour about the Magistrate’s right to cancel the entry, but he now knew that he could not do so. Therefore the conviction would be quashed.
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Press, Volume XCV, Issue 28269, 6 May 1957, Page 13
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178SUMMONS NOT SERVED Press, Volume XCV, Issue 28269, 6 May 1957, Page 13
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