INTERESTING LEGAL POINT.
SIiQL'EL TO A FUOTJSALL MATCH. By Telegraph.—Press Association. Wellington, Last Night. A mailer arising out of the British v. W'uirarapa and Bush districts football match was the stilijecl of a judgment by Mr. Justice Cooper to-day in the case, Police .Sergeant X. Miller '(appellant) v. James Joseph Kennedy, farmer (respondent). This was a case on appeal stated by Mr. District Judge Uascldcn. The cause of action was assault in respect of Kennedy being removed from a seat on the'grandstand at the Alasterton show-ground, wlwl'c the match was iplayed.
The defence, according to his tloinr, was that the acts complained of by the respondent were done by the appellant ill the execution of his duty as a police oilitcr, The damages claimed were £2OO. The jury found a verdict for the respondent, and assessed the damages at ilo.- The District Judge gave judgment for this sum of JJa, and ccriilied under the District Courts Act, 18D3, that the ease was a proper one to bring in the District Court, and awarded respondent costs on the District Court scale.' Xo application was, however, made to him for a certificate under section Hi of the Police Force Act, 18SG (which relates to costs against policemen), and it was evident that this section was not in the mind of counsel for either party. Xo formal judgment h'ld yet been entered in accordance with the District Court rules. The appeal by the sergeant was against the District Judge's decision as to costs, and was on the ground I hat no certificate of
approbation under the Police Officers Act had been given. His Honor came to the conclusion that the appellant acted in the bona tide belief that as a police officer lie was justified ill removing the respondent, and though lie might have had no legal right to remove the respondent on the ground that he was trespassing, that there was evidence that he had some reasonable grounds for the belief that the man's conduct and condition justified Hie appellant's interference as a police officer. This latter element, however, was not, according to the decided 'cases, cssenti.ll to entitle an officer in the position off the appellant to invoke the .provisions of scclion 10. His Honor allowed C" appeal and set aside the order for _,-o-^.
and said lie did .so with a direct bin in the District -lodge that he was entitled tii hear and determine upon the merits mi application for a certificate of approbation under section Hi of (he Police Force Act, such applicatinu, if made, to lie made at the first ensuing sitting of the District Court at Mastorlon, ami notice of it to be given to the appellant. The appellant must have his costs for this appeal, which .his Honor fixed at Co os and Court fees.
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Taranaki Daily News, Volume LI, Issue 266, 3 November 1908, Page 2
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470INTERESTING LEGAL POINT. Taranaki Daily News, Volume LI, Issue 266, 3 November 1908, Page 2
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