A FOOTBALL SEQUEL. POLICE OFFICER'S APPEAL.

Evening Post, Volume LXXVI, Issue 107, 2 November 1908, Page 8

A FOOTBALL SEQUEL. POLICE OFFICER'S APPEAL.

A matter arising out of the British v. Wairarapa and Bush Districts football match was the subject of a judgment by Mr. Justiqe Cooper to-day in the case Police-Sergeant Nathaniel Miller (appellant) v. James Joseph Kennedy, farmer, respondent. This was a case on appeal, stated by Mr. District Judge Haselden. The cause of action was assault in respect of Kennedy being removed from a seat on the grandstand at the Masterton Show-ground, where the match was played. The defence/ according to his Honour-, was that the acts complained of by the respondent were done by the appellant in the execution of his duty as a police officer. The damages claimed were £200. The jury found a' verdict for the. respondent, and assessed the damages at £5. The District Judge gave judgment for this sum of £5, and certified under the District Courts Act, 1893, that the case was a proper one to bring in the District Court and w awarded respondent costs on the District Court scale. No application was, however, made to him for a certificate under section 16 -of the Police Force Act, 1886 (which relates to costs against pelicemen), and it was evidence that this section was not in the mind of counsel for either party. No formal judgmentPhad 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 that no certificate of approbation under the Police Officers' Act had been given. His Honour came to the conclusion that the appellant acted in the bona fide belief that as a police officer he was justified in removing the respondent, and though he might have had no legal right to remove the respondent on the ground that j he was a trespasser, that there was evidence that he • had , some reasonable grounds for the belief that the man's conduct and condition justified the appellant's interference as a police officer. j This latter element, however, was not according to the decided cases" essential to entitle an officer in the position of the appellant to invoke the provisions of section 16. His Honour nllowed the appeal,' and set aside the order for costs, and said he did so with a direction to the District Judge that he was entitled to hear and determine upon the merits an application for a certificate of approbation under section 16 of the Police Force Act, such application, if made, to be made at the first ensuing sitting of the District Court at Masterton, and notice of it to be given to the appellant. The appellant, for whom Mr. Herdman appeared, must have his costs for this appeal, which his Honour fixed at £5 5s and court fees. Respondent was represented by Mr. Gr,ay.

Mr. J. Harvey, proprietor of the City Buffet and Private Hotel, Christchurch, publishes a business card in our advertising' columns. Messrs. C. Smith. Ltd.. Cuba -street, advertise the special purchase_ of warehouse stock of ladies' white muslin blouses, which will be sold at English cost. Notices regarding polling day and the licensing poll are advertised in this issue by the Returning Officer (Mr. A. H. Holmes). The train arrangements on the New Zealand, railways for King's Birthday aro advertised in this issue. The Simla Estate, .Khandallah, which has been subdivided into thirty-one residential Sections, will be offered for sale by public auction on Wednesday ovening, 4th November, by Messrs. Thomson and Brown, auctioneers, at their rooms, Customhouse-quay. The estate is situato opposite the railway station, and the sections have frontages to formed roads. Elsewhere will bo found full particulars concerning the auction 6ale. Plans may be obtained from the offices of the auctioneers. Messrs. J. H. Taylor and Co., dyers, notify that they have removed to the New Oooidental Buildings, 99, Lambton-quay. Messrs. Bro\Vno Bros., bakers, of 324. Tinakori-road, advertise daily delivery of bread in Wadestown. The firm 'states that it makes a specialty of Bcrmaline bread. Coming from Kugloiiri via South Africa tl:e R.M.B. Corintliic, o" tlic Shaw, Siivill. nM . Albion fleet, resumed Tier voyage to WtllniKlon at 11 a.m. on P.iturrttiy. She is expected here on Wcd'.c duv afternoon. At noon on. Thursday the Shaw, Savill, ami Albion COmpanj'.i R.M.S. Athenie is timed 1o take her leave of this port hound for Plymouth and London, via Monte Video and Tenerin'e. Of the colliers in port the Pukaki gets away to-day for Greymouth, the Poherua to-mor-row for Napier. The Rakanoa, which arrived this morning from Westport, returns to that port on completion of her discharge. ThU afternoon the Kmi leaves Westport tor 'Wellington,