CHALLENGED.

Dominion, Volume 5, Issue 1396, 23 March 1912, Page 3

CHALLENGED.

THE DEFENCE ACT. FAILURE TO ATTEND CAMPS. MAGISTRATE'S POWERS. The power of tho Magistrate's Court t6 ileal with a certaiu class of offence, under tho Dofonco Act was challenged yesterday when several young ineii wero chained with having, without lawful excuse, failed to render tho personal service required under Part VI of tho Defence Art, 11)0!), in that they wero nhsent without leave from (ho camp duly ordered at Seatoun which commenced on Saturday, .March t One defendant. David Sullivan, pleaded Biiilty, and was convicted, and ordered to pay Court costs (75.). Tho other, defendants were Victor Furness and F. Murphy. Furncss was represented by Mr. R. Sladdcn, and Murphy by Mr. ](. Kennedy. Sergeant Darbv con'V.'iS', 0 '!, t,Vo Prosecution, and Mr. W. G. Hi'l'lell, s.W., was on tho Bench. Officers nf tho Defence Department gavo evidence to tho effect that, Furnese had tailed to .attend (he camp. . Mr. Sladdcn slated that his grounds nf defence wero: (1) That tho Court had no } \\n u i U n n *° (loftl with lh<! <-aso; and (■-) that tho chargo had not been proved. As to tho question- of jurisdiction, this iniorinnlion had been laid under the Act oil!) 0», which were general provisions, and wero either impliedly repealed by the special pi-ovisions of-tho Act of 1911, or, il there, was no repeal, the principle that special provisions controlled general conditions applied. The unlv jurisdiction having poiver to dc a | with ihaso offences ".as a military court properly constituted midor tile regulations. ..•His Worship: What: you say is that t leso aro ollences against discipline; that | thoy are internal, hnd must bo dealt with by tho regulations? : "Tf the Department wished to take proceeding?, continued Mr. Sladden, "they should have donp so under regulations inimediately, a t. the time tho oflcnco wan discovered 'lliesp are really attempts on to part of the Department to foist upon tin* ■Court work which was really tho Dopartmenfs. and which, for some reason tost known to themselves, they prefer to His. Worship (to Sorgeant Darbv): I don t suppose, sergeant, you aro prepared lo argiio the question, aro you? Sergeant Darby: N O , youi . Worship, I

. ">' WwsMp: Very well; now points have been, raised, ami tho Court will re .seive lis decision. J" * I } fesinpt tho Court concerning th» 2 Mr ; Kc,mwl - V said he ob- ■«««. Ihe defendant .had registered, and Si 1 '"ember of the Territorial force. "'Kit ho was guilty of was a breach of and was not liable to nny Wiimnnl .prosecution. Tho appropriate proceedings were proceedings bv the mili-tiii-y autlionties, who had authoritv, as previously in the volunteers, to fine a person guilty of a breach of discipline. ,-H sucn lino were not paid, then tho remedy was a civil remedy, as expressly provided by Section 51 of the Act of 1910'.' iVo person could, therefore, be imprisoned or fined by the Court for not attending, parades after ho had registered. Theremedy, if any, was in (ho bunds of tho officers. The second point raised by Mr. Kennedy was that tho part of the section of the Act of 1309, which provided for penalties for -.non-registration, was still, subsistent, but that part which dealt with penalties for evasion of duties provided for by tho Act was clearly repealI cd by the special provisions made bv the later Act. Counsel also urged that the statute provided for what service should be rendered by tho members of the Territorial force.. In each case it: was specified that so many and camps per year must be attended. Until a year bad elapsed it was impossible to "lell whether or net an offence bad lwen. committed, and it was admitted by The plaintin's that the defendant-was under ilo obligation to serve, until November V>, 1!)ll, s.i a year bail nor. elapsed. Tho only remedy the Department hod-till a year had elapsed was for an officer to lino'and then to proceed civilly for the recovery of tho fine. That no person, who was a member'of tho Territorial force could he convicted until after he, had been a year in the Territorial 1 force- for failure to attend a parade, though his officer might I line him.

In this case, nlso, decision was reserved.