LAW REPORTS.

Dominion, Volume 6, Issue 1768, 5 June 1913, Page 9

LAW REPORTS.

SUPREME COURT. THE CARTERTON ART UNION. SOME LAW POINTS. MUST MAGISTRATE HEAR CASE? An interesting matter was dealt with in tho Supreme Court yesterday when tho caso of David Burnett Murray, police constable, of Carterton, v. Leonard GrenwcU Reid, stipendiary magistrate, of Carterton, and Elizabeth Bowe, of Carterton, was taken. His Honour Mr. Justice Sim presided. Mr P. S. K. Macassey appeared for tho plaintiff, and Mr. A, A. a. Menteath for the defendants. Mr. Macassey said that tho action was a motion for tho issue of a writ of mandamus in conncctioii with a case which arose u-t Carterton a little while ago. An art union was held at Carterton, and tho article to bo disposed of was an oil painting of a horse, but the 'police suggested that tho thing really disposed of was a live horse. The police, accordingly, prosecuted Miss Bowe with a breach of Section 41 of the Gaming Act, 1908. When the case was called on before Mr. Reid, S.M., oounsel for -Miss Bowe raised the point that tho magistrate had no power to hear ■ the information because the prosecutor had not (jiven the defendant ono month's notice in writing under Section 74 of the Gaming Act. The magistrate upheld the point raised, and the decision entered in the record book was: "Dismissed for want of notice." The question, Mr. Macassey added, was whether or not the magistrate could be compelled to hear the case. Counsel contended that Section 74 did not apply to , such proceedings as those instituted by tho Carterton police. Mr. Menteath contended that a mandamus could not' be issued because an action on appeal could have been taken; a mandamus was an extraordinary remedy only applicable where no other remedy existed. Had tho magistrate, ho asjted, proceeded to hfar and determine tho matter? If tho magistrate had, there was a ground for appeal. If the point of law was made after the magistrate had commenced to hear the ease, and the magistrate decided tho point erroneously, the Remedy was by appeal. If the magistrate declared that he had no jurisdiction and refused to hear the case, then the remedy was by mandamus. In reply Mr Macassey argued that it was clear that there had not been a hearing of the caso; that the police had not even been allowed to go into the matter.