SERVICE IN SOUTH AFRICA.

Dominion, Volume 1, Issue 147, 16 March 1908, Page 9

SERVICE IN SOUTH AFRICA.

..' ..V-';-/; ..- v ; / ': AN OFFICER'S CLAIM FOR PAY. . "WHO IS LIABLE ? ■ Application was made to Mr. Justico Edwards bri : Saturday morning l for. tlio removal; into the Supremo; Court, of tho oaso -Lieut. Chas.': W: 1 -15. Gribb, ! \of ' Gr'cymouth,versiis Colonel Porter,', a 'claim ■for; pay . during ' the' months of ■ November and December, 1901, amounting' to* £56 ;Bs.. 6dtogether. with" interest.at 8 per cent., 'making a' totap'of £74 14s. . C.v: ■ : /■

Mr;?T..M;','.yHfqrd-;. : - who. •., appeared... 'for' Colonel Porter,'and in support of the motion, stated'that plaintiff was a lieutenant' in the Seventh.Now Zealand Regiment,.of which defendant was tho'commanding, officer.' During, tho'year 1901',- whilst tho Regiment was in South Africa, tho pay of the' officers 'and men _ wasv found- by 'the British Government. •Plaintiff/had ;• instituted proceedings ; in : the Magistrate's. Court at Grey mouth' against defendant 1 for pay whicji he allegcd', : ,was'.due ;t-o him.. 'Section,ls7,'of.the Magistrate's' CourtAct,'lß93, allowed a defendant iii an'action, on showing good cause, to roniove tho .case from; tho Magistrate's . Court into -the . Supreme- Court. ;■ The . grounds', on tlio application;'.in the present ■ case was based were as :—(1) That there are! intricate questions of'law involved,/in, that: it is contended that'a 'commanding Officer is not personally liable for a' debt which, if .due, should be paid by the British Government; (2) that the Court' at. Greymouth is .not the proper Court, for tho:. hearing of the -process, •it ■ _beiug contended that tho whole causo of action arose-in South Africa,- and that if there was any . right. to issiip a' process it should . ; .be where tlio defendant 1 resides, not where'the plaintiff resides, and defendant is.: at present' residing at.' Gisborne. , lii conclusion, Mr. Wilford mentioned that a number of officors .were petitioning the Ne\r Zealand Parliament 'this isessi(fli with reference 1 to amounts .which thoy claimed we're; due to. them on account of scrvico .in South, Africa.'. ...'•/: , : His Honour, in mailing, an order removing the case into tho. Supremo Court at Wellington,; remarked that tho-case, was an extraordmaryj.one, and that, in his opinion/ the .quostion of jurisdiction.; would. bo one that would - undoubtedly ;■ have to be -.considered when the case came on for hearing. ■ '