PUNISHING DESERTERS
POWER OF MAGISTRATES CHIEF JUSTICE’S RULING Press Association. WELLINGTON, Tuesday. According to a judgment given by the Chief Justice, Sir Charles Skerrett, it is necessary, when a seaman is prosecuted for absence from his ship, to state the country where he has signed on before he can be imprisoned. Under the law a magistrate has no power to sentence to imprisonment a seaman who has signed on in New Zealand, but only if he has signed on elsewhere. Similarly in England a seaman who has signed on there cannot be imprisoned there. The case was a motion to make absolute an order nisi, calling upon the magistrate at Nelson to show cause the conviction of Richard MulVaney for deserting from the Waipori New Plymouth should not be Quashed without a writ of certiorari Actually issuing. His Honour treated the motion also a motion to quash the conviction. There was, in his Honour’s opinion, no evidence before the magistrate as to the place where the defendant was enThe fact was not in issue belore the conviction, but became releafterwards. To determine puntohment the conviction was quashed £io 10s costs.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/SUNAK19271221.2.36
Bibliographic details
Sun (Auckland), Volume I, Issue 233, 21 December 1927, Page 3
Word Count
190PUNISHING DESERTERS Sun (Auckland), Volume I, Issue 233, 21 December 1927, Page 3
Using This Item
Stuff Ltd is the copyright owner for the Sun (Auckland). You can reproduce in-copyright material from this newspaper for non-commercial use under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International licence (CC BY-NC-SA 4.0). This newspaper is not available for commercial use without the consent of Stuff Ltd. For advice on reproduction of out-of-copyright material from this newspaper, please refer to the Copyright guide.
Log in