HOUSES OF ILL-FAME.

Auckland Star, Volume XXIV, Issue 210, 5 September 1893, Page 5

HOUSES OF ILL-FAME.

An interesting legal point was raised at the Police Courb this morning by Mr F. Earl, who appeared for the defence of Julia Wilson. She was charged with occupying a house .of ill-fame on July 28. Dr. J. Giles R.M., was on the beuch. Instead of pleading in the ordinary way, Mr Earl said he would enter the special plea of autrefois aquit, and ask for the production of the Courb records. He stated that tho defendant had been previously acquitted on the same charge, the ground being that the by-law had not been proved. He urged that although a certificate of dismissal had not; been obtained under the J.P, Act of 1882 ib was no bar to the present proceedings. Ho argued that the protection given by thab Act did nob weaken the common law righb, of the plea of autrefois aquit. Mr Earl also quoted from Broome's "Legal Maxims," two having bearing upon the point he had raised. They werey "memo debit his vexaire fro no e£ eadem causea," and " merae debit his peniri pro una delecto." W,c Earl quoted the casa of Res v. Skeen, also from "Archibald's Criminal Pleadings," and "Paleyon Convictions," in supporb of his contention.

Inspector Hickson, in reply, urged that the case was nob dismissed upon its merits, but merely because the by-law was nob proved. He contended thab ib was quite open to them to proceed again in tho absence of the certificate of dismissal.

Dr. Giles said as this was a point of considerable importance, he would taketime to look into the matter. The caße was postponed for one week.