CO129-459 - Individuals - 1919 — Page 85

cord

7.

29.

charges of misconduct but did not include the third.

83

In the action the Appellant contended that the proceedings

throughout were wrongful and ultra vires for a nember of

reasons which will be found set out in para.15 of the

30.

51.

Statement of Olaim and alleged that the proceedings were not

justified by the Deportation Ordinance. Alternatively it was

contended for the Appellant that the Deportation Ordinance

was ultra vires of the legislature. In either event it was

contended that the deportation order was invalid.

The

Appellant further contended that the taking of his finger

prints and his physical examination in Victoria Gaol

constituted an illegal asault.

For the Respondents it was contended that certain of the

Appellant's complaints were not suported by the facts. It

was further contended that the Deportation Ordinance was

validly passed: that the proceedings were duly autkrised

proceedings under the Ordinance and that the demortation

order was valid.

With regard to the Appellant's claim for asasult it was

contended for the Respondents that the facts roved or

admitted did not in law constitute an assault.

It was

further contended that the acts complained of were duly

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