COURTS.

Rangitikei Advocate and Manawatu Argus, Volume XXXII, Issue 8915, 7 September 1907, Page 2

COURTS.

A Defective Law

Per Press Association,

Wellington, September 6. At the Supreme Court to-day, before Mr Justice Wiliams, Mr'E. P. Leo submitted a motion for a decree nisi in quashing the conviction of John White, proprietor of Queen’s Oamaru, found guilty in July of selling liquor within a no-lioonse district and fined £SO and costs. On behalf of White it was contended that the conviction did not disclose an offence as the prosecution had not proved that no licenses wore in force, and the Magistrate had no evidence before him to show that at the time of the alleged offence no licenses had been issued. His Honor said: “ The conviction as it stands is bad, because justification of the offence for which accused was convicted is essential. The offence is admitted, and the only question is whether the Court has power to amend the conviction. If it has power the conviction ought certainly to be amended. I am afraid, however, that power to amend does not exist. Xhe attention of the Legislature should be directed to this thing for it is most unfortunate that a conviction made by a magistrate should be sot aside on a technicality. Yet it must be set aside in this case where there is n motion by rule nisi to quash.”