SUPREME COURT, HOKITIKA.

Hokitika Guardian, 6 October 1917, Page 2

SUPREME COURT, HOKITIKA.

RESERVED j CDGMENTS.

His Honour Justice Sim has given his reserved decision in the cases heard at the last sittings at Hokitika. Tho judgments were read by Mr. Nalder Registrar at the Supreme Court House Hokitika this morning at 10 a.m., and are as follows: Wm. F. Morgan, appellant (Mr. nan) v. Jas. Park (Mr. Murdoch) the appeal was struck out on the point raised by Mr. Murdoch of insufficient service with oosts £3/3/- against appellant. Win. P. Morgan appellant, (Mr. 1 Hannan) v. Wm. Jeffries (Mr. Park) I and Wm. Wilson and Thos O’Neill (Mr I Murdoch. i These were three appeals heard to- ! gether. The appellant is Deputy Com- ! missioner of Stamps at Hokitika and ! charged the respondents with an offj ence under Section 59 of the Stamp j Duty Act, 1908, by omitting to write j out an appraisement on duly stamped [ material. The Magistrate held the document in question was an awaru and dismissed the informations. His Honour said the first question to be determined is whether or not the appellant has complied with the provisions of the Justices of the Peace Act. On the 29th July 1916 the appellant handed to the Clerk kof Court Hokitika an application requesting the Magistrate to state a ease for the Supreme Court. This delivery wan not' a compliance with the statute, but as the Clerk of Court showed the application to the Magistrate, while holding a court, I think this was a sufficient compliance with the Statute. Together with each application the appellant banded to the Clerk a recognisance in the sum of £lO which he had entered into without sureties before Mr. Keller a Justice of the (Peace at Hokitika on 19th. July 1916; that is to say on the day before that on which the applications were made to Magistrate to state a case His Honop held that this point was fatal, as the application to the Justice should have been made after and not before the application to the Magistrate.

His Honour cited- a number of cases showing that to comply with the Statute the recognisance must be entered into before a Justice of Peace in connection with an Existing appeal. A recognisance entered into before application i s made is a nullity. The applicant lias therefore failed to comply with the requirements of Section 292 of the Justices of Peace Act 1908 Compliance with- the statuory requirements is a condition precedent to the existence of jurisdiction to heat an appeal. It is unfortunate that the appeal should fail on this gronnd as his Honour thought that the Magis trate’s decision was wrong. Counsel’s fee allowed to respondents Jeffries, Wilson and O’Neil, £6 6s Od.