A CHINAMAN’S APPEAL.

Wanganui Herald, Volume XXXXVI, Issue 13433, 21 July 1911, Page 3

A CHINAMAN’S APPEAL.

(Per United Press Association). WELLINGTON, July 10. A Chinaman named Lay Fun was fined £SO by Mr S. K. McCarthy, S.M., at Napier, on a charge of having opium in In possession. The default fixed by the Magistrate was three months’ imprisonment. To day an application was made on Lay Fun's behalf to have the conviction quashed on several grounds, the principal being that at the hearing the Magistrate did rot give him the option of a trial by Jury. The application was hoard by tho. Chief Justiio. Mr 0. Toogopd appeared for Lay Fun in support of the application, and Mr 11. 11. Ostler appeared to oppose it on behalf of the Crown, A preliminary objection raised by Mr Ostler that wrong procedure had been adopted, in that the section oi the Justices of the Peace Act, under which tho application had been brought, had been repealed by the Inferior Courts’ Protection A.ct in 1909.

His Honor upheld the objection end dismissed the. application, saying that the proper process - was to move for a writ of prohibition under the Supreme Court Act.