COURT OF APPEAL.
Per Press Association
WELLINGTON, Oct. 21. JJpon the Court resuming Mr Justice Will in ins stated that • they had unanimously eomo to the conclusion that the Appeal; in Borthwick's case ought to he dismissed.' There Was no doubt that the Magistrate had iiot heard the case upon the assumption that he could not reduce the assessment below 5 per ('('lit. of the gross amount of purchases, and therefonv having properly heard the case, the. Court had no .power to send it hack, for reconsideration. Tlio api>eal was dismissed with £lO costs. In I?ox v. Smith prisoner (John William Smith) had made a written declaration if the loss of a pawn ticket under the Justices if the Peace Act, but the words "and by. virtue of the Justices of the Peace Act" which oiighfto have followed were omitted. Tlio jury, convicted him of making a false declaration and tlio Court was now asked, to determine whether the declaration was valid. The Court held that as an essential part of the prescribed form had been omitted, it was not a declaration under the Act, and as accused had been convicted of making a false declaration under that Act, the conviction must be squashed.
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https://paperspast.natlib.govt.nz/newspapers/THD19091022.2.32
Bibliographic details
Timaru Herald, Volume XIIC, Issue 14038, 22 October 1909, Page 5
Word Count
204COURT OF APPEAL. Timaru Herald, Volume XIIC, Issue 14038, 22 October 1909, Page 5
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