SUPREME COURT.

Rangitikei Advocate and Manawatu Argus, Volume XXXI, Issue 8782, 9 April 1907, Page 2

SUPREME COURT.

Per Press Association. New Plymouth. April 8. Tho adjourned sitting of the Supremo Court opened this morning, Judge Cooper presiding. In the bookmakers' appeals against conviction by a Magistrate for betting on a racecourse in December last the appeal of Flannagan was allowed. On the facts in tho case against Champion his Honor reserved decision on an important point of law. Petting was admitted, but the point was raised by Mr Spence whether the borough bylaws under which the information was lafd were invalid so far as they applied to a racecourse on race days. Tho reserve was vested in the BorougJf Council as trustees, but New Plymouth Recreation Racecourse Ecserves Act expressly stated that the Council were to have no power to make by-laws and regulations under tho Reserves Act, 1885, with regard to the racecourse, the legislature providing that this power bp vested in Jockey Clubs, who alono could make jcegiir

lations regarding the conditions admitting the pubiic to racs meotings. Although the club had not made regulations they could not delegate their power to the Council. If a boroughbstting by-law could appiy to a racecourse during races, so might a furious riding by-law be made to apply, which would be absuni. Mr Quilliam argued that the Council had exclusive control oyer the reserve. His Honor, in intimating that he would take time to consider his judgment, said the question was whethor the reserve on race days was exclusively vested in the Jockey Club, so that it could not be considered a public place and the by-law would not apply on those days. Fred C. Wilson appealed against an order given to his wife by Mr Hutchinson, S.M., under the provisions of the .'< Married Persons Summary Separation Act, IB7Q.'' The appeal was fay way of re-hearing the case. In his evidence regarding means, appellant was examined regarding his. statement of accounts when he filed in bankruptcy sometime ago which did not correspond with his present statement. His Honor, in upholding the magistrate's order, said appellant had either perverted the truth in the present case or supplied an incorrect statement in bankruptcy. An appeal from the decision of Justices At Inglewood convicting and sentencing to six months a man Angus, alias Johnston, alias Steward, on a charge of theft, and ordering him to come before the Supreme Court to be dealt with as an habitual crimiual, was heard. After argument his Honor sustained the conviction, but quashed the order re habitual criminal.

An order of an unusual character was sought in the Supreme Court this evening. In December last Mr Hutcheson, S.M., made an order against Richard Shiel to contribute to the support of his putative child after the child's birth. An application was made for rehearing tho case, or cancellation of . the order. Mr Hutcheson haying left the colony, the application was heard by Mr Eiddell; S.M., v.-ho ruled that he had no power to hear the case.- Application was now mado to the feupi'eme- -Ooiirbtq detonninb whether Mr Eiddell had power to ! deaii with the application and hear the casci Judgment was reserved. ' '