THE HARPER BANKRUPTCY CASES.

Hawke's Bay Herald, Volume XXVIII, Issue 9537, 24 November 1893, Page 3

THE HARPER BANKRUPTCY CASES.

Christchurch, Thursday. The Harper bankruptcy cases were again betore the Supreme Court to-day. At the opening of the criminal fittings od Monday, Mr Jastice Dennlston, in his charge to the Grand Jury, said that the bills of indictment against G. Harper and T. M. Mande must be thrown out, hb the alleged offences were committed prior to the passing of the Bankruptcy Act, 1892, and the Act was not retrospective, but notwithstanding the Judge's direction the grand jury returned true bills. Thie morning an application was made for orders quashing tbe indictments. Mr Stringer, the Crown Prosecutor, said that as representing the Crown he had drawn the indictment purposely in a certain form with the view to having this legal point appear on the face of it, n9 he httd had the gravest doubts concerning the legality of the proceedings. The qnestion w<?q whether or uot the Act of 1892 could have nuy operation with regard to debis contracted, uot only before the Act) came into force, but) also before the Act was passed. He recognised that Acts of Parliament could not be retrospective, ond if the Act of 1892 bad for the first time created the offence mentioned in the indictment, that indictment \vould_ not stand if the offences had been committed prior to the date of the passage of the Act. The Act of 1883 provided for a very similar offence to that; dealt with in the new Act. If a new Act re-enacted an old Aot, the provisions of the former could be held to apply to an offence dealt with by that old Act, but in this particular new Act there was a very material alteration in the wording, and bo felt the jastice of ■ the remarks that bad teen passed by bis Honor. Mr Jtißlice Denuiston pointed out that the Bankruptcy Act of 1892 did not in any way re-enact that of 1883, inasmuch as besides Its words being altered a defence capable of being raised under the old Act had been put aside by the new Act. Mr Stringer asked whether it was uot possible that an elfender could Blip through between the two Acts ? Hia Honor said that apart from argumentative grounds of a change in the quality of the offence, there was the question of Increase in punishment. It was an omlsMon of the Legislature if any certain offence was not provided for so as not to slip between the two Acts, Mr Stringer fluid ha could do nothing but concur with his Honor on all those points ha had mentioned. Bis Honor said that that being so be would grant the orders applied for. He hnd considered it bis duty to lonk carefully Into the matter and satisfy his mind on the point. He had so charged the Grand Jnry, although that did not affect the 'ndlotment. The representative of tbe Crown having now taken the same view of the point as he (tbe Judge) had, it would be idle ta call upon the parties charged to plead to the indictment,