SUPREME COURT of NEW ZEALAND.

Hawke's Bay Times, Volume IX, Issue 453, 14 February 1867, Page 3

SUPREME COURT of NEW ZEALAND.

Monday, 11th February. The Court commenced its sittings in banco at 11 a.m. The most important case was one of appeal Buchanan, appellant; Green, respondent which arose out of one in the Resident Magistrate’s Court, of which a report will be found elsewhere. Mr Cuff appeared for the appellant, and Mr Wilson for the respondent. His Honor, alter hearing the arguments on both sides, said that the whole information was bad, and the recognizances would have to be quashed. The law was that the facts of the case should be set forth in the information. This had not been done, and therefore the information was had. He believed that no forms under the new Act had as yet been provided for the use of the | Court, and in this case it was not the fault of the magistrates. The object of the law was that a proper record of each case should be kept in the Court In reply to a question by Mr Culf, he did not think that the Magistrates were bound to take down evidence when thev were requested to do so by one of the parties. The Magistrates had acted wrongly in putting a stop to what the appellant had to say in his defence ; they were bound to hear him so long as he conducted himself peaceably. The Act was imperative on this ground, and it was therefore ordered that the decision of the Bench should be set aside, and the recognizances discharged. He hoped the matter would now be buried in oblivion. Mr Cute applied for the costs, which were granted. Mr M ii.son objected, and the question was ordered to stand over, as he undertook, before his Honor’s departure, to prove that each side should bear their own costs.