AN IMPORTANT DECISION.

Taranaki Daily News, 20 May 1919, Page 5

AN IMPORTANT DECISION.

CONCERNING (BIGAM*.

By Telegraph.—Press Aaioci&tion. Wellington, Last Night

An important decision concerning the offence of bigamy was made at the Supreme Court to-day, when tho Chief Justice, following a recent discussion in the Court of Appeal, that section 224 of • the Crimes Act dealing with the offence ia ultra vires, quashed an indictment of bigp.my on the ground that it could not now be 'held to do good. The Chief Justice said that as far as he. could see at present the Court of Appeal, having held that section 224 was ultra vires, that was that the* New Zealand Parliament had no power to pass the section, the indictment could not be said to be good. He could not see that it was in the power of the Court to strike out, as Mr. Macassey, for the Ciwti, suggested, certain word* of the statute and thereby make it good. It would have been different had the statute been divisible instead of being •bopl? an interpretation of bigamy. The indictment must be quashed, but he would accede to Mr. Macasaey's request that tin question be reserved for the Appeal Court. The position was unfortunate, and the prisoner was discharged.