JUDGE’S LIABILITY.

Otago Daily Times, Issue 19532, 15 July 1925, Page 10

JUDGE’S LIABILITY.

NO CIVIL RESPONSIBILITY. (Peb United Press Association.) WELLINGTON, July 11.. That a judge of the Supreme Court is absolutely exempt from all civil liability for acts done by him in the execution of his judicial functions, even when be exceeds his jurisdiction, was the reserved judgment of Mr Justice Ostler to-day in two ex parte motions made on behalf of Stanley Uren Thomas for leave to servo two writs in Samoa, the contemplated action having reference to the refusal of the Administrator to allow his return to Samoa and the circumstances arising therefrom.

The facts sol out that on January 17, 1924, Thomas was convicted by the Chief Judge of the High Court, Samoa, upon a charge of the theft of £45, and sentenced to four months’ imprisonment in New Zealand. Later he was brought before the judge, who said he had found that he could not inflict a sentence of four months in New Zealand, and then sentenced him to six months; but as he did not want him to be imprisoned for six months he recommended the Administrator to remit two months of the sentence. This was done, and after serving three and a-half months ;n Auckland, Thomas was released. He then desired to return to Samoa, whore ho had left his wife and children, but was refused a ticket on the steamer, as bo alleged, by the Justice Department. Thomas was advised that he had/a good action against the Administrator and the judge, and ho asked leave to serve writs on Ihese gentlemen. His Honor held that the High Court of Samoa was a superior court of record, and that it was only judges of inferior courts of record who are liable for damages for acts done in excess of their jurisdiction.