"A MOST UNUSUAL CASE."

Taranaki Daily News, Volume LVII, Issue 262, 15 April 1915, Page 5

"A MOST UNUSUAL CASE."

MAGISTRATE'S ACTION CONDEMNED BY JUDGE. By Telegraph.—Press Association. Cliristchureh, April ?3. Judgment in a peculiar case was givsn by Mr. Justice Denniston to-day. The case was one in which a man named Grower appealed against the decision of Mr. G. Day, S.M., adjudging him facher of a certain illegitimate child. Mr. E. T. Harper appeared for the appellant. After reviewing the latest circumstances of "this most unusual case)" His Honor referred to an amendment in the law which provided for the dismissal of one application in an affiliation case :lid not debar from further application against the same or any other person. The extent to which the section was open to abuse, he usid, was well illustrated in the present ease. In his former judgment be had characterised t.iie girl's story as having been altered and made incredible in its latest form, aid it was obvious that without very substantial corroboration he could not convict the then defendant who had consistently denied the whole story. Tn the latest hearing of the ease by the Magistrate, tho Magistrate had seemed to assume that he was bound to issue a summons on application. His Honor said he knew of no law justifying this belief. Had he imagined that after his last judgment any Justice of the Peace would have issued a summons again he would have stated his opposition in much more emphatic terms than he thought it necessary to do. He could sec no rca ;on why this unseemly conduct should be allowed to continue. It was the obvious intention of the Act that it should be invoked only in special cases and not be made an instrument of malice and oppression. Nine affiliation summonses had been issued in this case—four had been dismissed by Mr. Bailey, two withdrawn, and three allowed by' Mr. Day. He had no doubt that Mr. Day had aeitd with the best intentions, but he regretted that he had been so unfortunate in reference to his appeal. He could only allow it on the same grounds as he had allowed the other two. Costs would be granted to the extent of £7 7s, to be paid within fourteen days. Mr. Harper asked His Honor whether he could issue an order to release Crozitr : from gaol. (Crazier was arrested yss- [ terday on an order issued by Mr. Day, S.M., for failing to pay arrears in respect of the case on which the appeal was made.) In reply, His Honor said he did not see that he had power to do this. All he could do would be to refer it to the proper authorities. ______