The Referee Appeal Case

Feilding Star, Volume XII, Issue 97, 7 February 1891, Page 3

The Referee Appeal Case

"I , ""> >! Chbtstchuhch, February 3. Justice Dennis ton to-day issued a prohibition forbidding the Evident Magistrate from proceeding further in the case of the conviction of Messrs Selig and Bird, proprietors of the Heferee, who in October last, were fined £30, or three months imprisonment, for -a breach of the Gaming and Lotteries Act by taking money to invest on the _ totalisator, but not doing so, presumably paying totalizator dividends on horses which won. -The judge said that there was no .evidence that the money had not ' been put on the totalisator, though Selig and Bird had not done so themselves, and the evidence in the case was not consistent with their having contrived a scheme of betting totalisator odds.' Probably, however, the money had- not been put on the totalisator, but that; though a fraud, would not affect their clients as long as Selig and Bird were solvent. He would not give costs against ttu magistrate. ' It was contended that an application' for prjhibition on)} applied where the magistrate hac exceeded his jurisdiction, but Mi Denniston considered it applied' t< other cases, though he would lik< the point settled by a higher court.