SUPREME COURT.

Evening Star, Issue 4227, 13 September 1876, Page 2

SUPREME COURT.

IN BANCO.

Wednesday, September 13. (Before His Honor Mr Justice Williams.)

Rudd v. Caldwell.—ln this case the plaintiff, who, about the beginning; of the present year, was confined in the Dunedin gaol, under sentence for misdemeanor, commenced an action against James Caldwell, governor of the gaol, on the grounds that he did not keep the plaintiff apart from felons, and also for a number of other alleged grievances. —The declaration was demurred to by the defendant, and the matter was argued in banco the week before last!— His Honor now delivered judgment, and in doing so sustained the demurrer, with costs. Motion to Quash a Conviction.-—A man named Thomas Broad was lately fined L 5 at Hawksbury, by Mr Murdoch, R.M., on the information of Constable Rooney for sly grog-selling.—Mr W. D. Stewart now asked for a rule nisi calling upon informant to show cause why the conviction should not be quashed on eight distinct grounds. The chief of these were that the information did not show that the conviction had been made by two Justices of the Peace or by a Resident Magistrate, having power equal to two such Justices, and that the defendant was convicted in the alternative of having permitted or suffered alcoholic liquor to be sold.—His Honor granted the rule.