WANGANUI SUPREME COURT.

Rangitikei Advocate and Manawatu Argus, Volume XXXIV, Issue 9413, 6 April 1909, Page 5

WANGANUI SUPREME COURT.

FRIDAY, APRIL 2nd, 1909. (Before His Honor Mr Justice Sim.) R. J. Dickson v. Abraham & Williams,. Ltd.—Mr O. B. Oollins for appellant; Mr O. T. D. Cook for respondent company. This was an appeal from the decision of O. O. Graham, Esq., S.M., on the 10th December, 1908, by which judgment was given for the respondent company for £9B Is 5d and costs. Mr Oook for the respondent raised the preliminary objection that proper security for the appeal had not been given in accordance with the Magistrate’s Court Act, and referred to an affidavit * verifying copies of letters written by the solicitors for the parties. Mr Collins contended that the affidavits gwas not admissible, but His Honor ruled it was more convenient to deal with such objections at the hearing in this way. After argument His Honour decided the respondent Company had not waived the right to object to*the security lodged, and the appeal was struck out with costs £5 5s and disbursements.

“ Para v. Marumaru, and Pakain v. Marumaru. Mr Lyon for appellants; Mr Cook for respnndeut. -j These were two appeals against convictions recorded by O. O. Graham. Esq., S.M., for keeping dogs without registering them. Mr Lyon argued that as the Kurahaupo Maori Council, of which the respondent is chairman, had not complied with all the provisions of the Dog Registration Act with regard to keeping of registers, appointment of registrars and offices, and supply of collars, the offence charged was incapable of commission, or in the alternative compliance with all the provisions of the Statute by the Maori Council was a condition precedent to the commission of the offence.

His Honor without calling on counsel for the respondent held that under the Statute the appellants were hound to present themselves at the offices appointed and register their dogs, and that if any irregularities existed in the method of entering in the registersjand the other matters mentioned other proceedings should he taken to compel the Council to correct these. The appeals were dismissed with £3 8s costs in each case.