A CHINAMAN’S APPEAL.
DISMISSED BY THE CHIEF JUSTICE. [PIE PBESB ASSOCIATimi WELLINGTON, July 20. A Chinaman named Lay Fun was fined £SO by Mr S. E. McCarthy, S.M., at Napier, on a charge of having had opium in his possession. Ihe default fixed by the Magistrate was three months’ imprisonment. Yesterday an application was made on Lay Fun s account to have the conviction, quashed, on several grounds, the principal being that at the hearing the Magistrate did not give him the option of trial by jury The application was heard by the Chief Justice. Mr. G. Toogood appeared for Lay Fun in support of the application, and Mr. H. H. Ostler appeared to oppose it on behalf of the Crown. A preliminary objection was raised by Mr. Ostler that the wrong procedure had been adopted, in that the section of the Justices of the Peace Act under which the application had been brought had been repealed by the Inferior Courts Procedure Act m 1909. His Honor upheld the objection, and disr missed the application, saying that the proper process was to move for a writ of prohibition under the Supreme Court Act.
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Gisborne Times, Volume XXIX, Issue 3275, 21 July 1911, Page 7
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193A CHINAMAN’S APPEAL. Gisborne Times, Volume XXIX, Issue 3275, 21 July 1911, Page 7
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