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Daily Telegraph (Napier), Issue 3789, 6 September 1883, Page 2

As a groat deal was made by a morning contemporary over the result of tlio recent civil action brought by Captain Blythe against a late member of the Napier Rifle Volunteer corps, it may be well that we should state the real merits of the case, with the view to counteract any false impressions that may have got abroad in consequence of the unguarded remarks made by the infirm old lady of Church Lane. Under the Volunteer Act, 1881, any money subscribed or undertaken to be paid towards tho expenses of the company for fines under the private rules of the company are recoverable cither by summary proceeding under the Justices of the Peace Act, or by civil action at the suit of tho commanding officer of the corps. J3ut any puna /Cylinder the Act, or under any regulations issued by the Governor Tinder the Act, are recoverable summarily under the Justices of tho Peace Act, which gives the Court power to sentence the defendant to imprisonment, failing payment of the fines that may be inflicted. "Nor is it necessary to produce any evidence as regards the nature of the offence for which any penalty was inflicted other than the statement of tho commanding officer of the company. Had Captain Blythe laid tho information against Brown in the proper form required by the Volunteer Act his remedy would have been secured; but, as lie did not do so, the Resident Magistrate had no alternative but to dismiss the case, and all the Herald's hitrh-falutin talk about " legal hair splitting," and tho R.M. having "full power to deal with the case," and the Court being "the proper Court to sue in," was simply so much misleading twaddle. It i.S not a pleasant task to have to bo continually correcting other people's mistakes, but in the interests of all concerned it is occasionally necessary to do so.