LAW REPORTS.
SUPREME COURT. NAPIER OPIUM CASE. A CHINAMAN'S APPLICATION. Yesterday the Chief Justice, Sir Robert Slout, heard an application by a Cliinainnii. Lay Fun, to linvo a conviction recorded ngaiiu-t him of having had opium in his in contravention of the Opium Act f|ua s hcd. The ease was originally decided li.v Mr. S. E. M'Oi rthy, S.M.! at Napier, who lined the accused ■fcdO. iu default three months' impn-im-n'.eu!. The application to have the conviction quashed was innilo 011 several grounds, the principal one being that at tho hearing ttiu magistrate did not give Lay l'nn tho option of trial by jury.^ Mr. G. 'I'oogood appeared for Lay Fun, and Mr. H. 11. Ostler appeared to oppose the application on behalf of the Crown. Mr. Ostler raised a preliminary objection that the wrong procedure had l>een adopted, in that the section of the Justices of the Peace Act under which the application had been brought, had been repealed by the Inferior Court's procedure Act in 1909. Hjs Honour upheld Mr. Ostler's objection, a.iid dismissed the application, stating thqt the proper process was to move for a. writ of prohibition under the Supreme Court Act.
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Dominion, Volume 4, Issue 1184, 20 July 1911, Page 3
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196LAW REPORTS. Dominion, Volume 4, Issue 1184, 20 July 1911, Page 3
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