SUPREME COURT.

Hawke's Bay Times, Volume II, Issue 67, 9 October 1862, Page 3

SUPREME COURT.

(Before Mr. Justice Johnston.) Wednesday, October 8. Exparte Brooke Taylor. Cause was shown by Mr. Allen on behalf of the Resident Magistrate and the Gaoler against the rule granted herein; and Mr. Carlyon being heard in support of it, , His Honor delivered the following judgment: —The rule must be made absolute. The defect in the warrant is not of form but of substance and the warrant is bad. Certiorari is only taken away by the ordinance when the defect is matter of form, and therefore it will lie here. And by consent of the parties, and to save the trouble of further proceedings, let the warrant be brought up and quashed forthwith, at the same time the matter ought to end here ; there has been a mistake on both sides, and no imputation or reflection can be made on the conduct of cither party. His Honor made some further observations on the importance of a case like this to the public and the profession, commented on the courtesy which was due to the fullest from the Bench when they were assisting the Magistrates with their legal knowledge, and added that mutual forbearance and courtesy were required, and lie suggested that in cases where the conduct of a practitioner was questioned by the justices, the most advisable course was to adjourn the hearing for calmer consideration. His Honor also expressed a hope that no such case would again occur.