In referring to the arrest of a Naval officer at Home by the civil authorities, the N.Z. Volunteer and Civil Service Gazette of this month says : — " The -civil law has triumphed over the military law in the arrest of Captain Robert Woodward, of H.M.B. Duke of Wellington, for contempt of Court in not producing, under a' writ of habeas corpus, a man who was wrong-fully-sentenced for alleged desertion from H.M.S. Calliope. We should imagine this was a novel experience for an officer of Her Majesty's Navy." A still greater triumph is recorded in the case of Lieut. Frye which occurred in 1748. For insuborbination an illegal sentence of 15 years' imprisonment was passed on him, though the Court had only power to award two years. Frye brought an action against the President of the Court Martial and obtained £1000 damages. The Chief Justice, moreover, informed Frye he was at liberty, to bring his action against any other member of the Court Martial. Accordingly Feye obtained writs against Bear Admiral Mayne and Captain Benton, which were served at the breaking up of another court martial of which they were members. The members of this court were highly^ indignant and drew up resolutions in which they expressed themselves with some acrimony against the Chief Justice, and forwarded them to the Lords of the Admiralty. The latter laid the resolutions before the King, who expressed ''great displeasure at the insult offered to the court martial." The Chief Justice, as soon as heard of the resolutions of the ' court martial, caused each individual member to be taken into custody and was proceeding further to assert. and maintain the authority of his office, when a humble submission signed by all the members of the court martial, was transmitted to him. This paper was dated the 10th November, 1746, and on its reception in the Court of Common Fleas was read aloud and ordered to be registered " as a memorial," said the Chief Justice, / ■ to the present and future ages, that whoever set themselves up in opposition to the law, or think themselves above the law, will in the end find themselves mistaken."' ''
Thk propr^iity of grkritmg to local bodies power to prohibit the sowing or planting ofgorseupon county, road boundaries is being pressed upon the Government by Mr T. Mackenzie.
Mb MACARTjaxJA was elected Chairman of the Public Accounts Committee on Thursday. It is understood that the committee had the loan conversion proposal before it, but that all the members were properly pledged to secrecy.
The member^for WOodville, Mr Smith, is urging the Minister of Lands to arrange to have the Government Manawatu Gorge toll closed at the expiration of the present contract, so as to relieve the settlers in the district from the hardship of having to pay two heavy tolls within five miles of each other.
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Bibliographic details
Feilding Star, Volume XI, Issue 15, 20 July 1889, Page 2
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473Untitled Feilding Star, Volume XI, Issue 15, 20 July 1889, Page 2
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