/- Lance (Be cf; Lavan esheets Re qcete Chaclanwcts * eee HIGH COURT OF AUSTRATIA. t i COURT CO k OURT GOPY. & ke k a uN £ __V__ GEORGE Gi JUDGKENT , eee MR, JUSTICE ISAACS, MR_JUSTICE GAVAN-DUPFY wR JUSTICH STARKE, x This is an appes) in federal jurisdiction from the dec Stipendiary Magistrate in Adelaide dismissing a complaint by the appellant sgainst the respondent under the Imaigration Act 1901- 1920, The complaint was under subsec, 2 of sec, 5 of the Act, During the case the prosecution endeavoured to shew that the respondent entered the Commonwealth as one of the crew of a ship called the "Fequot" in April 19 the dictation test having been applied on the 29th of May 1924, The Magistrate held the evidence insufficient because (1) the prosecution had failed to produce the ships articles, (2) the prosecution hed failed to prove the Pequot had entered the Commonwealth at sll, and (3) there was no proof that the defendant if a member. of the crew, hed entered the Commonvealth as a member of the crew. In short the Magistrate held so far ss the facts actually proved were concerned that the prosecution failed for want of evidence, Then as some evidence had becn given, though not sufficient to support a conclusion one way or the other, he held that subsec.3 of sec, 5 of the Act had no applicationy\, The Appeal will be allowod.& Ghe order of dismissal set aside, mannUWwirbitrienterod,