DISTRICT COURT.

Oamaru Mail, Volume I, Issue 130, 20 September 1876, Page 2

DISTRICT COURT.

THIS DAY. [Before his Honor Judge Ward.] PIPER (APPELLANT) V. M'CLUSKEY (RESPONDENT). This was an appeal against a conviction by T. W. Parker, Esq., R.M., against Michael Piper, of Cave Valley, boardinghouse keeper, on a charge of sly grog selling. - 0 Mr. O'Meagher for the appellant; the respondent appeared in person. The grounds of appeal (seven in number) were stated, and argued by Mr. O'Meagher. It appeared that Sub-Inspec-tor M'Uluskey authorised Sergeant Carroll, as his deputy, to lay .an information against the appellant, under' section 5 of the Justice of the Peace Act, 1866, which provides that the information may be laid by the informant in person, or by a person authorised by him, in writing, and the information was laid accordingly. The case came on for hearing at the Resident Magistrate's Court, and the appellant was fined £2O and £3 Bs. costs, against which decision he appealed. In the drawing up of the conviction, the costs were awarded to Sergeant Carroll.

Mr. O'Meagher drew attention to section 35, of the Justice of the Peace Act, which provides - that costs might be awarded to the informant. He contended that Sub-Inspector M'Cluskey was the actual informant, and Sergeant Carroll merely a deputy, and that, therefore, the conviction was had for awarding costs to a person other than the actual informant. He considered this objection fatal, and sufficient to justify his Honor in quashing the conviction without reference to any of the other grounds set forth.. "Ffia Honor held that the costs should have been awarded to Sub-Inspector M'Cluskey, as he was the actual informant ; and as this had not been done, the conviction was bad, and would, therefore, be quashed. Mr. O'Meagher applied for costs, but his Honor refused to allow any. PB.OBATE. Re John Martin, Deceased. Upon the application of Mr. O'Meagher, probate was granted to D. Toohey and W. H. Ronayne, the executors named in the will. BANKRUPTCY. Re M'Gkegor, . Re John Wilson. On application of Mr. O'Meagher, orders were granted vesting these estates in the trustees appointed by the creditors.