Appeal Court

Taranaki Herald, Volume L, Issue 12244, 29 April 1903, Page 7

Appeal Court

THE PORT CHALMERS -LICENSING CASE: Per Press Association. Wellington, April 28. In the Port Chalmers licensing case the appeal ' was dismissed. The Chief Justice and Judges Conoily and Cooper considered the appeal should be dismissed, Judges Edwards and ■Dennisfcon dissenting. The former said the point involved was the correct interpretation of the words " Resident Magistrate of such Court" in section 48 of the- Registration of Local Elections Act. If the Act of 1576 were still in existence there 1 could be little doubt, but the Act of 1893 altered the law re Magistrates. Formerly they were appointed for districts, now they are for the colony. Two questions arose, first, whether any Stipendiary Magistrate has not jurisdiction to hear a petition : secondly, if not, whether Mr Graham does not come within the definition of "Magistrate of such Court" in the meaning of section 4S. Although thu Act of 1893 appoints Magistrates for the colony there are various p r ovi s " ions in the Act that clearly recognise local or quasi — local jurisdiction. The Regulation of Local Elections Act also meant to give and does give, jurisdiction to a particular 3Jagistrate. The Court could not , ignore these various .provisions and il is no answer to say they havo got there by inadvertence. XHey must be TieM to point out that ,a particular magistrate is the one whose duty it is to exercise the statutory jurisdiction of hearing a jurtition, an d he ia the person who "usually pxerc-Nes" it at Port Chalmers, and it was not suggested that Mr Carew sat there, by arrangement with Mr Graham. The person fulfilling tlie description of a magistrate of ,-mrh a Court must be Mr Carew, nor did the fact that Mr Graham was appointed Chairman of the Licensing Committee nt Port Chalmers do more than «-how that he was a Magistrate fxorci-ing jurisdiction in the Ik-ensmg district. Occasional exercise of functions was not enough to establish that he is the Magiriirate uf the nh',ri'--\-. T'hf appeal must be dismissed with costs on the lowest <icale as from a distance. Judges Denniston and Edwards took the opp#«ite \ i<>v/ (iwi »;o<li Mr Carew and Mr Graham acted of right as Maci.wtratea both ai Dunodi-n and Port Chalmers', ay.d therefore either could not he prohibited from pprforminc a statutory dtity. The question as" to arrarg^rnoTit comfi to in the Lower Court re the rtW&uin of cost-< artd <••.!•:'' t T .e possibility- of npp"-\1 to Ou. Pr"j'<- Cfflrnoil Vv i 1 1 eo»r:e before tV.e Court at its rex't sittnicrThft efTect of the iT«rre-\I in thf Port Chalmers rase ]« fh'i' C <• r'niirt liavinjr de-ided Mr r 'r •>}•>• n. '>- not <he pr<>s»er Mai'i-'r \fe t:- lv-.r I-,« i'"*iti<>?i the (ir>-e hh". '•r'iiel v. ithin w-hirli a ■ff'-h pciU'u.n' am ),,■ presented, and *h" poll •♦•inrl . f'«>unsi-l Trftntion'-'d '^f f<-:~- i! ilif •• 'i un »,,-- penl to O-" Prhv rv-np-il. l-ut the f'hi"f .Tuv(i'f fpieric/l v hfl.lv •• thr-re ronVI be swell an atn ci! an/I n^tfl io hah the C;\'<>: I' I '"' ''5> i- nvdi n».--'-i f<-r tho jv.in't at tl^ n«> t nu-ot-inrr of the Cr,urt.