CO129-333 - Governor Nathan - 1906 [1-4] — Page 108

106

the Original Jurisdiction, which is unnecessarily high for petty Criminal Appeal Cases. Such a scale is necessary to pro- -tect the respondent as well as the appellant, as under the

present system a respondent may be penalised very heavily in

costs.

6.

With regard to the second objection, in

all cases which I can recollect of dismissal of appeals on

technical grounds, the fault has lain with the appellants'

legal advisers who have been careless in drafting the papers

the practice is very simple, and if the wording of the sections

is carefully followed no technical objection is likely to be

raised: it would be useful however to give the Full Court

power to amend the proceedings, as at present there appears to

be no power in the Court to waive a technical flaw.

7. Mr. Stephens omits to mention the very

useful provision of Section 86 (1) enabling a Magistrate to

review his decision within 7 days, including a power to take

fresh evidence.

27th. November, 1905.

(Sd.) B. 5. L. Bowley,

Crown Solicitor.