Straits Settlements. Supreme Court
Published: 2013-09
Total Pages: 114
Get eBook
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...cause why he should not bo required to enter into a bond to keep the peace, with or without suretios." in the presence of the appellant, and they were asked if the same were correct, and on their stating' they were, the order aforesaid was made. The affidavit also stated that the appellant had applied for a postponement to call witnesses as he had been arrested only the evening-before, which application was refused by the Magistrate. The Magistrate, nor the respondents, answered this portion of the affidavit, but the certificate furnished by the Magistrate stated that the appellant " produced no witnesses." Thomas, for the appellant, having obtained a Rule Nisi calling on the Magistrate to shew cause why he should not state a case, Mr. Isemonger, the Magistrate, shewed cause. Wood, J. As the affidavits are not disputed, the rule must be made absolute. The Magistrate having stated the case as directed, the appeal now came on to be heard. Thomas, for appellant. Wood, J. The case having now been stated, it appears that the only evidence adduced at the hearing was the informations of Tee Peat and Inspector Harvey. There does not appear to be any evidence given in the witness box, no cross-examination appears to have been allowed, nor opportunity given to call witnesses for the defence. I must hold that this was no hearing and adjudication under Ordinance XIII. of 1872, section 6l, clause 3, which states that there must be an adjudication, upon evidence. I quash the order, a Order quashed-with costs. KHOO TEAN TEK v. OPIUM FARMER. A search "warrant will not be issued for the production of the private books of Penang. a prosecutor, in order to be evidence for the defence. Query. Is an appeal from a Magistrate's decision, an...