THE Inangahua Times. PUBLISHED TRI-WEEKLY. WEDNESDAY, FEB. 25, 1880.

Inangahua Times, Volume II, 25 February 1880, Page 2

THE Inangahua Times. PUBLISHED TRI-WEEKLY. WEDNESDAY, FEB. 25, 1880.

| A pecttliae difficulty appears to have arisen affecting tbe constitution of the District Court of Westland, and the validity of the appointment of the Crown Prosecutor. The position will be best understood from the following which was telegraphed to yesterday's Grey Argus : — " At the District Court William Stewart was indicted for unlawfully wounding. He pleaded not guilty. Mr Fisher, the prisoner's counsel, moved to quash the indictment, ou the ground that it was not s ; gned by a Crown Prosecutor legally appointed for that purpose. It appears that the District Court of West.and was constituted by a proclamation published in the New Zealand Gazette of the 15th July, 1875, and the same gazette contains a notice, dated 12th July, tbat the Government had then appointed Mr S. M. Soutli as Crown Piosecutor for tbe District Courts. Mr Fisher argued that the indictment must be signed by a Crown Prosecutor appointed to a constituted District Court, and that Mr South' a appointment having beeu made on the 12th to a District Court which had no existence until the 15th July, it was bad. It was further argned that the Governor's letters patent barred his exercise of the prerogative of appointing officers to such as are necessary to the service of the Colony* and that Mr Souths appointment was not necessary, unless his office existed when his appointment was made. Judge Wesfcon said if the contention was sound, the consequence would be that all indictments filed in the Court since its constitution were bad. He refused to quash tbe ind'etment, but expressed ' great doubt, and signified his willingness to reserve the i point to facilitate subsequent proceedings. Stewart was discharged." The telegram goes on to say : "If the objection is good, the Judge's appoints ment made at the same time a) Souths is bad also, and everything, both civil and crimnal. done by the District Courts at Hokitika, Greymoutb, Eeefton and Westport during the last five years is worthless." The point is rather an ingenious one, and carries i what appears to be s semblance of soundness, but whether it will really hold water, remains to be seen. But, in any case, the difficulty, if such is found to exist, would be immediately cured by the passing of an Act validating both the appointments, as well as the past proceedings of the Courts.