SUPREME COURT.

Hawke's Bay Times, Volume I, Issue 19, 7 November 1861, Page 5 (Supplement)

SUPREME COURT.

Monday, October 28tk. Exports the Napier Building Sociefg. This morning, cause was shewn against the rule nisi, by Mr. B. Taylor on behalf of the Justices, and by Mr. Allen on behalf of Mr. A\ ebb. Mr. B. Taylor appeared merely, and left the onus of supporting the order to the co-respondent Webb.

Mr. Allen, after taking technical objections to the rule nisi lor invalidity, which were, not decided, as His Honor thought that if there was a good answer on the merits it would be better to have it given at once, instead of having the matter gone through again, agreed to shew cause on the merits, and argued that the rule must be discharged first, on the ground that the 29th section of the Building Act made the decision of the Justices final, and took away all appeal; second, that the Justices were acting strictly within their jurisdiction ; third, that they were sitting in a civil capacity, and not under Jervis’s Act, in which case no order was required to be filed ; and, fourth, that if sitting under Jervis s Act the Society if dissatisfied with their order, had right of appeal which they were bound to exercise, instead of adopting their present course. He argued these points at some length, and reviewed the different home statutes' s relative to friendly societies, and the colonial ordinances relative to the civil powers of justices, and he pointed out the distinction between the case relied on by the jury (the Queen v. the Justices of Stafford, 24 L.J.) and the present case. His Honor, however, was of opinion that though the Justices acted strictly within their jurisdiction they sat under Jervis’s Acts, and should have filed their order ; and after some discussion on the question of costs, the rule was made absolute, but without costs.