A Constable’s Powers

Hokitika Guardian, 21 March 1922, Page 4

A Constable’s Powers

LAW POINT FOR SUPREME COURT CHRISTCHURCH, March 18. The City Council’s right to make a by-law making it an offence for a person to refuse to give bis name and address to a constable was the subject of argument before is Honor Mr justice Sim in the Supreme Court in banco yesterday.

The case was an appeal from the Magistrate’s decision in .loiin Smytlie, constable, v. Frank Dempsey. A charge was made against Dempsey under a city by-law that he gave the constable a false name and address. The Magistrate held that the by-law was ultra vires.. His Honor was asked to decide whether or not the Magistrate’s decision was erroneous in point of law. Mr 11. H. Louglinan, city solicitor, who appeared for appellant, said that the main question was the source Irorn which a local body obtained authority to make a by-law of the nature nf the one in dispute. He submitted that it was in the clauses of the Municipal Corporations Act, section 351 which gave a local body power to make bylaws for the good rule and government of a borough, and for more effectively carrying out the objects of the Act, A by-law was not ultra vires simply because it made a new offence. r I he present by-law was useful to secure tho objects of the Act. It was not repugnant to statute law, because the same provision was in three' other Acts, namely, the Police Offences Act, the Motor Regulation Act, and the Licensing Act. Respondent was not represented in the case. His Honour reserved his decision.