A NOVEL POINT.

Globe, Volume XXII, Issue 2035, 1 September 1880, Page 3

A NOVEL POINT.

A somewhat novel and interesting point was raised yesterday by Dr. Foster in an argument on appeal from Titnaru, viz., Lough (appellant) v Bruce (respondent). The learned counsel raised the question ■whether a Resident Magistrate under the Statute possesses the power of two Justices, except in civil oases. Ho contended that the Act contemplated civil oases only, and that in criminal informations or informations for a penalty he did not possess the dual power which it has usually been considered he does. His Honor stated that the point raised took tu'm by surprise, as ho had always held that the language of the Statute, in stating that the Resident Magistrate should have end exercise when sitting alone all powers conferred on two Justices, gave him jurisdiction in all cases. Mr Garrick, who was on the other aide, mentioned that ho had raised the point some time ago, and that ever since, in cases of a criminal nature or informations for a penalty, he had taken care to have a second Justice sitting with the Resident Magistrate. Ultimately his Honor, on consulting authorities, overruled Dr. Foster’s contention on the point raised by him.