Blacker v R [1910] HCA 21

604 HIGH COURT (1910.

ae (1). Having pointed out that licensed surveyors are not salaried

1910, Officers, or even members of the Civil Service, the judgment con-

= cludes by saying that Simpson, the respondent in that case, was Z SURES not, during the period when he was a licensed surveyor, an officer Macuare. within the meaning of the Act. The language of the judgment seems to be perfectly accurate. Simpson was not excluded by reason of the exception in the definition ; for the exception would

: have had no application in his case if he would have been an : '

" officer" but for the exception. He was not an officer within the meaning assigned to the term " officer" in the interpretation section or within the meaning which the term "officer" must bear in other sections when the Act is describing persons as officers in respect of office held before the passing of the Act.

The result, therefore, is that the appeal fails, and their Lord- ships will humbly advise His Majesty that it must be dismissed,

The appellant, in accordance with his undertaking, will pay the costs of the respondent as between solicitor and client.

Appeul dismissed.

. (HIGH COURT OF AUSTRALIA.] ROBERT STEPHEN BLACKER Yu THE KING. : ON APPEAL FROM THE SUPREME COURT OF EG Gay NEW SOUTH WALES. 1910, —— Criminal law—Bvidence—Identification by finger prints—Enlarged photographs. SypNEy, May 19. Upon the trial of a prisoner photographs of a thumb print found on a box,

alleged to be that of the prisoner, and a photograph of the prisoner's thumb print, were put in evidence, The Crown also tendered enlarged photographs

(1) (1903) A.C., 203.

1 CLR.) OF AUSTRALIA.

of these prints, which however did not show the whole of the print found on H, C, oF A.

the box, or the whole of the prisoner's thumb print, but did show the characteristics ot the thumb print relied upon for purposes of identification. The Supreme Court held that the enlarged photographs were admissible in evidence.