SUNDAY TRADING.

Dunstan Times, Issue 946, 4 June 1880, Page 3

SUNDAY TRADING.

In the Sunday trailing case at Christ- j oluircli Air Mollish reversed Ida former decision, Ifo said lie was inclined to think that his decision in the former case was scarcely correct, and that no doubt the Act of Charles If. was in force in this Colony to a certain extent ; hut the question arose whether, looking at the power given to magistrates under the Small Penalties Act which was in force in England, the matter could bo dealt with further than by the issue of a distress warrant. The Small Penalties Act imposed a maximum penalty of seven days’ imprisonment with hard labour, and if the contention of the counsel for the prosecution was correct as to the Justices of the Peace Act empowering 1 Resident Magistrates to deal with cases such as the present one under its provisions, the punishment might be one month’s imprisonment with hard labour in default of payment of the tine—in other words, the Bench could give a month’s imprisonment with hard labour in place of the two hours in the stocks. It might be fairly questioned whether this had been intended by the Legislature. However this might be he was inclined to think that a conviction could not 1)0 proceeded upon further than by the execution of a distress warrant. Faring payment of the fine, it would remain for application to bo made at the Supremo Court for a mandamus to the magistrate to issue a distress warrant. So far then the Act must be held to bo in force, and therefore a lino of os would be enforced, and costs, which were only 2s The tlicet of this is that, the ollenec can be committed with impunity, so long as the defendant is prepared to pay os each time. Mr Joynt intimated that he refrained from asking for the Crown’s costs on this occasion, but if the oil’enee were repeated he should press for the full amount next time.