RESIDENT MAGISTRATE'S COURT

Mount Ida Chronicle, Volume V, Issue 280, 18 July 1874, Page 3

RESIDENT MAGISTRATE'S COURT

July 17th. (Before H. A. Stratford, Esq., R.M.) Police v., ,Edmund Horswell.—For allowing gambling in his house. A question as to the privilege-of the appearance df a Sub-Inspector of Police to prosecute in criminal cases having arisen in the •above-named case onHhe day previous, the Magistrate gave his opinion as follows : —That,...being <some3>±ajjstartled by the novel Rowlatt, against the appearing of'the Sub-Inspector as a prosecutor, he had taken some trouble to search the Imperial, as well as the Colonial Statutes (and also other works of

reference) to ascertain upon what authority the custom .had been so long followed of officers of the police force appearing in the inferior Courts to conduct criminal prosecutions. He" had now come to the conclusion that provision had been made for the services of the police on such occasions. He then quoted several sections from 11 and 12, Victoria, chapter 43 ; several pages between 85 to 115, Jervis by Grlen, sections 4,5 and 6, Justice of the Peace Act, 1866, and Eegulse Generales, in ' New Zealand Gazette/ No. 8, page 87, March 3rd, 1864; and added that, where written informations were unnecessary, anyone could prosecute for breaches of the laws; but when charges had to be in writing, the officer in charge of police could authorise in writing the constable to lay the charge for and on behalf of his officer ; and if the information set forth, that it was on this behalf, the officer would bethen entitled to assume the management of the prosecution.