RECOGNISANCES ESTREATED.

Auckland Star, Volume XLI, Issue 136, 11 June 1910, Page 5

RECOGNISANCES ESTREATED.

> . PLAINTIFF'S FAILURE TO PROSECUTE. A case of some interest to the public, arising out of a motion to estreat rc;_ cognisances (£SO) for failure to prefer an indictment at the last session of 'the Auckland Supreme Court, was disposed of in Chambers before Mr. Justice Chapman this morning. The motion had reference to proceedings titken in the Magistrate's Court at Auckland by Mr. Maher against Daniel Baxter, for "allegedly making a false declaration in order to procure a land transfer from the Crown Lands Board. The facts of the allegation were that Baxter was successful in drawing a section at Opotiki. and three weeks later sold it to one Millar. In order to obtain the permission of the Land Board to the transfer, Baxter declared that be had' resided on the section for six months, and had effected certain improvements. Maher, who claimed to be Baxter's partner in the (transaction, prosecuted tbe latter for making a false declaration, in that he had never been on the section, and that the improvements were done by the purchaser Millar. Baxter was committed to the. Supreme Court, but the 'Attorney-General declined to continue the prosecution, and Maher, being without the means to pay witnesses' expenses, refused to prefer the indictment.

The Court made an order estreatinsr the £50. The TTon. J. A. Tole appeared in support of the motion, and Mr. E. G. B. Moss to oppose it.