SUPREME COURT.

Marlborough Express, Volume XLVI, Issue 118, 16 May 1912, Page 8

SUPREME COURT.

I THE DEFENCE ACT CASES

[f.et:3B AsapciATTOiy.i

' /WELLINGTON, May 16. Mr Justice Cooper to-day^heard, an appeal of the Crown against the Magistrate's.. (Mr- Riddell) disDfiissal •of the recent cases under thxe Defence ActS -The Magistrate held that the proceedings against the offenders should have been taken under the regulations, and not under section 51 of the Defence Act; further, that as personal service varies in character '■imd is spread over an annual period defendants should at least have had the opportunity afforded them during •«aeh training year of rendering the required servioe within that year. ': The judge remarked that if the Magistrate was right : the whole jsehcime of I the Act was destroyed. The Solictior-General ■ concurred, aiid, added that the effect .of the decision wais _ also absolutely subsersive to all military 'discipline. In course. r2 argument the judge said that the position, if the decision -was uphold, would be like a comic optira. " '',-•.-;. ■■ .. ■': . '.-". ...' -,-- • • ■: