Counties Joint By-law

Stratford Evening Post, Volume XXXIX, Issue 92, 23 August 1923, Page 8

Counties Joint By-law

DECISION RESERVED. Legal argument in the Taranaki Counties Joint By-law Appeal case was continued in the Supreme Court at New Plymouth before Sir Frederick Chapman yesterday. Mr J. L. Weir argued on behalf of the County Inspector, who is the respondent in the appeal, that the by-law was not ultra vires of. or repugnant to, the Statute Law of the Dominion as contended by the appellant. Mr A. Coleman, also on behalf of the Inspector. argued the other points of law raised by the appellant. Dealing with the plea that the. Magistrate could not at the second prosecution refuse to accept-the license which he had previously held to be valid, Mr Coleman argued that a license was only prima facie evidence, and that its irregularity might be subsequently proved. Dealing with the plea of res judicata, counsel submitted that, firstly, this plea did not affect matters which were only incidentally in issue at the first prosecution and were not the actual subject-matter of that prosecution; secondly, it was only available as a defence in civil proceedings; and thirdly, it vas not available unless pleaded at the second prosecution instead of the plea of not guilty which was the plea actually entered. At the conclusion of the argument His Honor intimated that he would take time to consider his judgment.