LEGAL.

Auckland Star, Volume XXIV, Issue 92, 20 April 1893, Page 7

LEGAL.

A writ has been served on Mr W. L, Rees, M.H.R., at the instance of the Native Minister, claiming £1,000 as damages for alleged libel contained in memoranda forwarded to the Premier by Mr Rees.

In the case Greville v. Black, proprietor of the "Pahiatua Star," Wellington, i_ which the plaintiff claimed damages for wrongful dismissal, judgment was giver for the plaintiff for £100 and costs on the lowesb scale.

In the action broughb by the Colonial Bank againsb Mrs Mac Donald, bhe Chief Jusbiee gave judgmenb for bhe Bank for the principal £4,500, interest seven per ceub, and costs, the Batik to give credib in full for the net rents received.

At Christchurch in Banco on April 12, Mr Justice Denniston gave judgment in the case re the barque Bells, which was a question submitted for the opinion of the Court, whether the captain had a lien for disbursements as well as for wages. Tho judge's decision was in the negative.

In the Dunedin Supreme Courb on April 12 judgment was given in the will c&se, Nelson v. Murray, in which the second wife of thelate Wm. Nelson, of Waipahi, contested his will, under which he lefb his property among the children by his first marriage. He married the plaintiff early iri 1890, Wheri over eighty. The plaintiff alleged he Was Of unsound mind when he executed the will. Judgment was entered up for the de*fendant with costs.

Ab the Supreme Courb ab Dunedin bhe case of Gray v. Miller, an action for the dissolution of partnership and £300 damages, was commenced. Ib was alleged by bhe plainbiff that he had been induced to join the defendant in a sheep farm by fraudulent representation. These allegations were denied, bub before the defence was entered upon bhe case was settled, the defendant to pay in three years the £300 which the plaintiff pub inbo the partnership.

Ab bhe Dunedin Supreme Court on April 15th Forrest's wife's petition for judicial separation wa3 heard. The parties were married ab Dunedin in 1861 and had eighb children. Since 1886 ib was alleged thab respondenb treated his wife with great cruelty, was habitually drunk and had driven her from home. They had lived at Auckland, Wanganui and Patea. Until he took to drink respondent could not have been a better husband. Tho decree was granted.

At the New Plymouth Divorce Court on April 15th, in the case of Stockman v. Stockman and Bybie, for dissolution of marriage on the ground of the wife's adultery, the respondent and corespondent did nob appear. Tho petitioner stated that he married Susan Harriet Thcmas in 1886. They had three children. They lived happily together till 1892, when she left her home, taking the children with her, and was now living with the corespondent at Hunterville. The judge said proof would be necessary with whom respondont lefb her home and with whom she is now living, and adjourned the case.

In the Dunedin Supreme Courb on April 10, W. D. G. Bohning soughb bo recover £500 damages from bhe Kaitangata Railway and Coal Co. for an injury to his hand, received while working in the Company's mine, the injury, it was contended, having beon caused by the unsafe and defective condition of the chain and machinery. For the defence, ib waa conbended thab the accident did not happen as the plaintiff alleged, bub thab if ib did so happen bho Company should succeed, as ib had nob been shown bhab the apparatus was insufficient or insecure, and thab even if bhis were shown, the accident was caused by the plaintiff's acting in a stupid and foolhardy manner. The jury reburned a verdicb in favour of the Company, for which judgmenb was entered.

The following appointments havo been made :—William Johnston Morpeth, Registrar of the Native Land Courb, Auckland ; Residenb Magistrates, John M. Roberts, N.L.C., Opotiki and Tauranga ; Helyer W. Bishop, Christchurch ; James C. Martin, Wellington ; Charles A. Wray, Oamaru, all with extended jurisdiction to £100; Recorder of Native Lands Courts, J. M. Roberts, North Island ; Recorder's district, IT. W, Bishop, Middle Island; Trust Commissoners under Native Lands Frauds Prevention Act, J. M. Roberts and J. S. Clondon ; coroner, Edmund Davidson Collingwood ; New Zealand Justice of the Peace, J. C. Martin for the colony J,P. : resigned, George Curtis, New Plymouth ; Native Assessor removed from office, Anaru Te Kahaki.

In the Dunedin Supreme Courb on Wednesday, April 19bh, the case of Edgar v. Fitzgibbon was heard. A miner named Hall was entitled to 600 shares in the Callanb Tipperary Company, and it was agreed between Hall and Fitzgibbon that the shares should be in the latter's name. Fitzgibbon advanced some money to Hall, bub the latter became bankrupt, and Edgar was appointed trustee. The fact of Hall having an interest in the shares was never disclosed to him, and it only came out some ten years after, in a dispute between Hall and Fitzgibbon. Edgar now, as trustee, sought to recover. Mr Justice Ward said ib was clear that there had been an arrangement to defraud Hall's credibors. The measure of bhe damages musb be bhe value of the shares ab the time of the bankruptcy, which was ss. A decree was accordingly made for 2,650 shares, equal to £682 10s, with costs.

At the New Plymouth Supreme Court, in the case of Pease, who waa charged with false declaration under bhe Land Acb, bhe foreman of bhe jury handed iv a paper, and asked the judge if he would accept a verdicb in the form written as follows :—" That tho jury found accused guilty, bub with a sbrong recommendation bo mercy on bhe ground of laxity of bhe Govern, ment in not prosecuting before." Tho judge said it was his intention to give the fullest effect to the jury's recommendation, and repeated what ha said in summing up thab there was great laxity on the parb of the Government in nob prosecuting before, because, if the declaration was false on tho face of ib, proceedings should have been taken at once, and, moreover, tho application was on the wrong form. Ib should use a proper form. The senbence was three days imprisonment, to commenco with the opening of bhe court, and therefore the time had now expired, Tho judge then informed Pease he was discharged.