A LEGAL ARGUMENT.

Ohinemuri Gazette, Volume XXIX, Issue 3944, 15 July 1918, Page 2

A LEGAL ARGUMENT.

DECISION RESERVED.

An appeal against the decision of a magistrate occupied Mr Justice Cooper at the Auckland Supreme Court on Friday, when' legal argument was heard in the case of Robert Whitten (Mr F. H. Mueller), who had been convicted at Paeroa of breaking the borough by-laws by allowing cattle to stray. The main point dealt with by appellant's counsel was that the summons was issued by Mr P. Brenan, J.P., who was a member of the Borough Council, and Deputy-Mayor of the borough, and as such was interested in the result of the prosecution. Dr. H. D. Bamford, who appeared for the informant, contended that a justice- in issuing a summons was performing a purely ministerial act, and not a judicial one, and it, therefore, followed that such act was not invalid, even if interest was proved. His Honor said that the point had a,n important bearing on the administration of the Justices' of the Peace Act, and that he would take time to consider his decision.