Saunders v Borthistle [1904] HCA 13

CLR.] OF AUSTRALIA. 379

(HIGH COURT OF AUSTRALIA.]

MEOSENDPHS.. . . . . .Apprrzant; i AND |

BORTHISTLE . 4 i ® F r . RESPONDENT.

ON APPEAL FROM THE SUPREME COURT OF ay 4G 3 NEW SOUTH WALES. *¥ t oh:

_ Pastures Protection Act, 1902, No. 111, secs. 4, 97—* Travelling sheep "—" Drover". Hy. or A. —Person in charge of sheep travelling leas than 40 miles—Travelling statement 1904. not necessary under sec. 97—Justices Act, 1902, No. 27, secs. 101, 105, 106,107 = —— —Appeal by way of special case—Order made by Judge sitting in Chambers SYDNEY, under sec. 107—Judgment of Supreme Court—Appeal to High Court—Constitu- Sue 20, 21, tion of the Commonwealth, sec. 73. :

} A person in charge of sheep travelling to a place less than 40 miles distant cere sel from the run on which they are ordinarily depastured is not a ' drover in charge O'Connor, JJ. of any travelling sheep " within the meaning of sec. 97 (1) of the Pastures Protec. - tion Act, 1902, and therefore he is not guilty of any offence under (2) of that ection, if he fails to produce a " travelling statement" to "any inspector, police

constable or justice, &e." King v. Gundy, 15 (N.S.W.), W.N., 158, approved. Order of Pring, ¥J., 21 (N.S.W.) W.N., 7, reversed.

An order made by a Judge of the Supreme Court sitting in Chambers, in the exercise of the jurisdiction conferred by sec. 107 of the Justices Act, 1902, isa _ judgment of the Supreme Court from which an appeal will lie to the High Court under sec, 73 of the Constitu

a In re Paul, (1902) 2 S.R. (N.S.W.), 196, not followed.

jon.

THis was an appeal from an order made by Pring, J., in Chambers, 21 (N.S.W.) W.N., 7. The following statement of the proceedings and of the facts is taken from the judgment of Griffith, C.J. :=—The appellant was charged before Justices with having committed a breach of sec. 97 of the Pastures Protection Act, 1902,