LAW AND POLICE.

West Coast Times, Issue 838, 30 May 1868, Page 6

LAW AND POLICE.

The past month has been full of interest so far as legal events are concerned. Not only has the sitting of the Supreme Court been held in Hokitika, presided over by one of the most astute lawyers that ever graced the colonial Bench — Mr Justice Richmond — but we have been favored with a visit from a leading and distinguished member of the Victorian Bar, Richard Davies Ireland, Esq., Q..C, who came on a special retainer to Hokitika, to defend the political prisoners, and who won the esteem. of all by his temperate ,yet forcible eloquence, and his unvarying courtesy. The Criminal Sittings of the Supreme Court commenced on the 13th May, and the learned Judge initiated the proceeedings by a luminous charge to the Grand Jury, in which, after entering very fully upon what constituted the political offences with which certain persons stood charged, and touching upon one crime of the gravest character, viz., that of murder, congratulated the Grand Jury on the decrease of crime in the County of Westland.

The trial of Richard Douglas, charged with murder, was chiefly distinguished •by the singularity of the verdict. Although the evidence clearly proved that the prisoner had slain his victim with malice prrpense, yet the Jury returned a verdict of "Manslaughter." His Honor evinced his astonishment at this verdict, by sentencing Douglas to penal servitude for life. Douglas has since confessed that it was his intention to kill the man who fell under his brutal violence. The trial of the political prisoners commenced on the 18th May, when seven persons were indicted for holding an unlawful % Assembly, and taking forcible possession of the Hoki-

tika Cemetery. The prosecution was conducted by the Hon. the AttorneyGeneral, assisted by Messrs Harvey and Button, and the defence was undertaken by Mr Ireland, Q.C., assisted by Messrs South, Rees. and Guinness. The trial terminated in the conviction of all the prisoners, and they were severally sentenced to pay a fine of L2O to the Queen. The following day two of them, viz., William Josejph Larkin and John Manning, pleaded guilty to a charge of j)Ublishing a seditious libel in the "Celt" newspaper, and threw themselves on the mercy of the Court. The defendants were each sentenced to one month's imprisonment.

The sittings at nisi j>rius are not yet terminated. .The most important ca&atried is that of " Storch v. the Bank of New South Wales." Plaintiff is a storekeeper at Charleston, and kept an account, at a branch of the Bank of New South Wales there. Certain cheques which plaintiff drew were dishonored by the Bank, being returned " N.S.F." Plaintiff, on enquiry, found that this had arisen through his account being debited with an acceptance gi?en by him, which had been placed in the Bank for collection, but which at the time of the debit, and also when the cheques W£re presented had still some time to run ; plaintiff thereupon brought his action against the Bank for injury done to his reputation and credit, and laid damages at L3OOO. After a lengthened trial the jury awarded him L 35.

A very important case has been argued in banco, involving the existence of the Mayor and Municipal Council of Hokitika as a Corporate body. It ' was an appeal by way of special case against a decision of the Resident Magistrate of Hokitika — Peter Clayton being the appellant, and Philip Joseph Klein, the respondent. The Attorney-General, with Mr Button and Mr Harvey, argued for the appellant, and Mr Rees for the respondent. The case may be thus summarised : — The appellant, as collector for the Corporation of Hokitika, sujd Mr Klein in the Resident Magistrate's Court for a sum of money alleged to be clue for rates. The defendant, in the Court below, obtained a non-suit, on the ground that the Mayor and members of thf Council, who had made the rates, had not been duly elected. The questions for the opinion of the Court were —

Ist. Is the Citizen's Roll of the 14th September, 1867, invalid because no assessment under the Ordinance had then been made ? ' _ 2nd. Would the invalidation of the Citizens' Roll disqualify the Mayor and Councillors r 3rd. Was the nonsuit right ? Mr Justice Richmond, in giving judgment, said : — " That it was a principle of law, that the acts of members de facto of a Council of a Corporation were held valid, notwithstanding that there had been some informality or invalidity in the election of such members, and that the appropriate proceeding for testing the validity of the election of such persons was by quo ivarranto. He also said, that he acceded to the argument of the AttorneyGeneral, that if no assessment had been made the Citizens' Roll would be pro- 1 perly made up from owners and occupiers of property, and that such persons would be qualified to vote aud to be elected. He gave judgment for the appellants with costs'.

The proceedings at the Resident Magistrate's Court have been comparatively unimportant, the criminal cases disposed being of a trivial character, and the civil cases being for the recovery of small debts.