SUPREME COURT.

Lyttelton Times, Volume LXXXI, Issue 10273, 15 February 1894, Page 3

SUPREME COURT.

IN BANCO. Wednesday, Feb. 14. (Before Ms Honor Mr Justice Deaniston). TIMARU HARBOUR BOABD V. THE NEW ZEAIiIAND RAILWAY COMMISSIONERS. Thia was an application for an injunction to restrain the commissioners from ignoring a certain agreement. Mr Kippenbarger for plaintiffs, and Mr Joynt for defendants. Mr Kippenberger asked hia Honor to fix a further day for the hearing to allow him to file certain affidavits. His Honor allowed the case to stand over. PUBLIC TRUSTEE V. MORRISON. This was the continuation of an action from Timaru. Mr Kippenberger for the plaintiff and Mr Joynt for the defendant. Mr Kippenberger entered into argument upon, the facta of the case. His Honor, after hearing Mr Joynt in reply, gave judgment for the defendant. BULLIVANT (APPELLANT) V. WILSON (RESPONDENT.) Eis Honor gave judgment in this appeal from the Resident Magistrate’s Court, Christchurch. The first point had been disposed of at the hearing. The objection under Section 202 was a good one, it being the only authority under which justices had power to endorse licenses in cases in respect of which a conviction was nob directed to be endorsed. ■ The section laid down a definite procedure, and said that after such procedure the Court should declare as part of its sentence whether it would or would not cause a record of the conviction for such offence to be endorsed on the license of the offender, and if it decided that such record was to be endorsed the same would ha, done. It was true that nothing could appear on the register which would in any way assist the justices in a decision except the existence or non-existence of any previous convictions, and that when there was other evidence of that fact, and when, as in this case, the magistrate had determined to endorse the license even in the absence of any previous convictions, the postponing passing sentence and the inspection of the register became 1 a mere form. Bat it was a form prescribed by the legislature as a condition*precedent to the accrual of the right to make endorsement pact of the sentence ; and hia Honor did not think that a magistrate was justified in assuming the jurisdiction without complying with the procedure which created it. He thought, however, that this Court could amend the conviction by striking out such part of it as ordered the endorsement of the license. He felt some doubt as to whether thia could be called a "mistake in the drawing up” of the conviction, because it 'accurately expressed the judgment of the Court. Bat the inclusion in the judgment of any reference to the endorsement would, he be a mistake in the judgment; a mistake, of course, repeated in the conviction. A conviction which, improperly inflicted, in addition to a fine, imprisonment in default of distress, had been amended in a cited case by striking out the latter part. The Victorian Act was somewhat different from the New Zealand Act, inasmuch as it provided for amending any defect in form or substance. •But, as be had said, he thought this was within the Act. This was a good conviction and a proper penalty. Than there was an additional penalty, which the Magistrate had inflicted in mistake, without jurisdiction. The two were quite separable; the validity of the conviction and the penalty did not in any way depend upon the erroneous part. In the words of the statute, xt was shown to the satisfaction of the Court that sufficient grounds were 'in proof before the magistrate to have authorised the drawing up of the conviction without the mistake. The conviction would therefore stand amended by striking out all reference to the endorsement of the license. [Per Press Association.] NAPIER, Feb. 14. ( At the Supreme Court, Alexander M’Cutcheon, for sending a threatening letter to' Dr Moore, was • sentenced to five years’ imprisonment, and to the same period on each of three charges o£ forgery; the sentences to run concurrently. INVEECAKGILL, Feb. 14. Joseph Hilder Forsyth was found guilty of rape on his fifteen years old daughter at Einloch, Lake Wakatipu, and was sentenced to fifteen years’ penal servitude. The prisoner gave hia ago as, fifty-six years. Duncan Stewart, for stabbing William Collie, hotel-keeper, was brought up for sentence. The police stated that he had been in Seaclxff Asylum for lunacy, bat was only drunk when the offence was committed. He was sentenced .to twelve months* probation, the sentence to be fulfilled if there was any conviction for drunkenness.

In the Supreme Court thia afternoon, Duncan Stewart, who pleaded guilty of stabbing Collie, the landlord of a hotel at Invercargill, was admitted to probation for twelve months on condition that he abstains from intoxicating P. Stevens was found guilty of stealing a horse, and sentenced to four months’ hard

labour. Counsel asked that he might be admitted to probation, but his Honor declined because the prisoner elected to give evidence on oath, and the jury had not believed that evidence. Had be pleaded guilty or held his tongue, hia case might have been one for probation, as he was not of the criminal class.