LAW REPORTS.

Dominion, Volume 3, Issue 775, 26 March 1910, Page 15

LAW REPORTS.

SUPREME COURT. ANES7REATMENTOF BAIL. PRISONER GONE. Shortly after tliQ Chief Justice, Sir Robert Stout, had taken his seat on the Bench on Thursday, the Court corridors resounded with the cry of "Potor M'Masters." There was no response to the call, and the orderlies returned to Court and announced: "No appearance, your Honour." Mr. M. Myers (Crown Prosecutor) said that Peter M'Masters had pleaded "guilty" in the Wellington Magistrate's Court to a cliarge of theft from the person and had. been committed to the Supreme Court for sentence. Tho magistrate had allowed him bail, security being fixed at £60, which amount M'Masters had lodged.' M'Masters could not now bo found in New Zealand, and was believed to bo in Australia. Under the circumstances, as he was not likely to come back to tho Dominion, Mr. Myers suggested that matters should not be pushed any further, and that the prisoner be not extradited. If; ho did return to New Zealand at any future time, he could bo brought up for sentenco on the charge.

His Honour remarked on the fact that the prisoner had been allowed his liberty simply on his own recognisance. There had been no independent surety. Was there provision in law, he asked, for a magistrate to grant bail on those conditions to a man who had pleaded guilty and was. awaiting sentence? Mr. Myers: Oh, yes, your Honour. ,It frequently happens. I was not suggesting for a moment that the magistrate had not acted wholly within tho law. There is special provision for such a case as this. ■ . - His Honour considered that, as a general rule, it was undesirable that bail should be • allowed to a prisoner who had pleaded "guilty." , Mr. Myers replied that, prisoners awaiting. sentence were often allowed out on bail. There was a'question,' however,,.whether magistrates or jus-, tices ought over to allow the payment of money in.a case of this kind, without ' insisting, upon some other_ surety.' In his opinion, prisoners awaiting sentence, or even prisoners committed for .trial, ought not to be granted bail merely on, payment of what might be, to them, a small sum of money, without the security of some other bond. _ His Honour said that the law intended that a person who forfeited, bail should not bo indemnified by the prisoner. . Aii order was made fo rthe estreatraent of the bail to the Crown. HOTELKEEPER ADJUDGED BANKRUPT. . Application was 'made to the Chief Justice on Thursday to have George Piunock, licensee of the Commercial Hotel, 'adjudged a bankrupt. ■ Mr. A. Blair appeared on behalf of tho petitioning creditors,' Allan Maguire and Hamilton Gilmer, and' Mr. A. L. Herdman for Pinnock. _i Mr. Merdrnan offering no-opposition, his_Honour..rnado -an order cation,--■'-•— ■■ ••'—' ■ '• •'■' •■.■•••• ~ CUSTODY OP A CHILD. An urgent matter which was taken by Mr.'Justice Edwards during the vacation, has. been adjudicated . upon. The/.case related to the'-.custody.-of <an infant; Gladys; Katrina Maria ••, Mikkelsen, and a summons was issued, calling upon Anna Petrea, Caroline Margrete- Mikkelsen to show causo-why a writ of habeas corpus should not issue. Mr. W. H. D. Bell appeared for Sorens 'Marius Mikkelsen, in support of the motion, and Mr. A. L. Herdman opposed it. His Honour held that the motion should be dismissed, with ten guineas costs. A MATTER OF LAND TAX. Tho Chief Justice heard on' Thursday a special case iu which the Rhodes Trustees were plaintiffs, and the Commissioner of: Taxes was defendant. Mr. C. P. Skerrett, K.C: (with him Mr. E. E. Hadfield), appeared for the trustees, and Professor Salmoiid for the Commissioner. In the course of' argument, it was stated that the Rhodes Trustees had cut up the property, and leased it, the leases containing compulsory purchasing clauses, exercisable at any time during the term of the leases. For two years the trustees returned the lands as "sold," showing small amounts of purchase money as having been paid, and the .rest "as unpaid purchase money." The trustees were assessed for tax during those two. years as if the . land was sold. Subsequently the Commissioner for Taxes ' claimed to amend the # assessment and charge the trustees with tax on these lands, instead of on the purchase money, theroby raising tho scale of graduated land tax on the whole of the trustees' property. The two questions submitted to the court were: (1) Whether! the possession of the purchasers was possession as purchasers exclusively, as lessees exclusively, or a double possession; (2) Whether' the assessment constituted an exercise of discretion by the Commissioner, which was final. -' , ■ Judgment' was reserved.