OFFENCE BY COMPANY
GAOL TERM PROVIDED MAGISTRATE PERPLEXED (Per Press Association.) CHRISTCHURCH, this day. “I don’t understand how any court can sentence a company to imprisonment,” said Mr. E. C. Levvey. S.M.. in the Magistrate’s Court yesterday when Aulsebrook and Company were charged with employing a reservist not enrolled in the National. Reserve. The magistrate pointed out that the Act gave a company a right to be tried by a jury, but when that right was not claimed a company coulcl be dealt with summarily and a fine of £IOO or 12 months’ imprisonment could be imposed by the magistrate. “The Act has the extraordinary effect of making a limited liability company liable to imprisonment,” said Mr.-Levvey. “That is so new that 1 am at a loss to understand it.” He pointed out that if a company were sentenced to imprisonment it coulcl apply for a writ of habeas corpus, which undoubtedly would be granted, and the whole thing would be a nhllity. Under the circumstances it would be stultifying any term of imprisonment he might impose on any eompany or the officers of a company. The case was then adjourned for a week.
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Bibliographic details
Gisborne Herald, Volume LXVIII, Issue 20569, 31 May 1941, Page 6
Word Count
194OFFENCE BY COMPANY Gisborne Herald, Volume LXVIII, Issue 20569, 31 May 1941, Page 6
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