LAW REPORTS.

Dominion, Volume 5, Issue 1248, 4 October 1911, Page 3

LAW REPORTS.

THE COURT OF APPEAL. . A NATIVE CASE. PAURO MAR.INO AND MORIKATJ JiLOCK. Yesterday the Court of Appeal ivas occupicd in Hearing the case of rauro Jlarino, of Banana, Wangnnui Kivor, v. Itio Aoteii District Maori i.and Hoard. J. Ins was ail appeal from tho decision of justico bun, delivered at Wnnnanui on June 28. On the Bench were the Unci Justice (Sir Robert Sl'out), Mr. Justico Denniston, .Mr. Justice Edwards, and Mi. Justice Chapman. It appeared from the proceedings that tlio Aotea District Maori Land Board is in possession of tho block of Native land known as Morikau No. 1, containing approximately 7200 acres. In pursuance of the powers vested in it by tho Native Land Act, 1900, part of tho land is used ai a farm for tho benefit of Pauro Marino, and over 800 other ownqrs. In the month of April, 1911, Pauro, witliout permission irom tho board, entered upon that part of tho land which is being used and managed by the board as a farm, and depastured it for slieep. As the board were unablo to get Pauro to quit tho land an action was brought against him for an injunction to prevent liini from trespassing on the board's land. Judgment was, on June 28, given in tavour of the board, and defendant lodged notice of appeal- In tlio meantime be asked for the stay of execution. _ Mr. G. Hutchison, of Wanganui, then appeared for Pauro, and Mr. T. Neavo for the Aotea District Maori Land Board. Mr. Neave raised opposition to the application on tile ground that defendant was a trespasser, and was interfering with the farming operations of the board, and. further, that the board luid offered accommodation for his stock on land nearby, and that no injury could result to the defendant if lie were required to move stock for tlio'time being. Ilis Honour was of opinion that the application should be refused. Marino declined to obey the writ of injunction, and on September 8 the board applied to the Conrc for leave to issue a writ of attachment against the defendant for disobedience of the writ of injunction. An order was made by Mr. Justice Sim giving the board leave to issue I a writ to bo addressed to Hie sheriffs at Wanganni and li-aiigitikei, directing them to take possession of tho body of Pauro Marino and bring liini before tho Supreme Court at' Wellington. Subsequently Pauro appeared before their Honours Justices Edwards and Sim, at Wanganni, to ask that the writ 1* discharged, but the request was refused, and tlio Judges advised Pauro that lie must meantime obey tho order of tho Court. As he continued his disobedience, he was, on September 22. brought before the Court in custody of the sheriff at Wanganni. 'i'ho Solicitor-Gen-eral (Mr.' J. W. Salmond) appeared for the Land Board, but Pauro was not represented by counsel. He was unable to show cause wiiy he should not be committed for contempt of Court, and Mr. Justico Edwards sent liira' to prison for three months. ; Yesterday the appeal was heard, Mr. G. Hutchison appearing for the appellant and the Solicitor-General (Mr. J. W. Salniond) for the respondent board. The ground of appeal was that the judgment was erroneous in point of fact and law. Mr. Hutchison's address occupied over on hour. The appeal was dismissed without the Solicitor-General being called on. ' Tho Chief Justice was of opinion that counsel for appellant had failed to establish his poini that there was no power to issue tho proclamation vesting the land in the board, as tho .title was not land transfer, and therefore not Maori land within the meaning of Iho Act. His Honour held the same opinion regarding counsel's contention that the proclamation was invalid, because it did not propcrlv define the land, and also regarding'the contention that the board are bound to clearly define the part of the land used for farming. Mr'. Justice Denniston concurred. There could be no doubt that Pauro Marino was a trespasser, Mr. Justice Edwards anil Mr. Justico Chapman also agreed that counsel had failed to establish any of his points, and held that tho appea must be dismissed. Costs were allowed on the lowest scale as from a distance. MASSEY—"NEW ZEALAND TIMES." Mr. H. D. Bell, IC.C., referred yesterday morning to the case of Massey v. the "Now Zealand Times" Company, Ltd. On the previous day, leave to appeal to tho Privy Council had been granted plaintiff, and it had been arranged that a minute, tj bo attached to the records, should bo arranged by counsel on either sido and submitted to tho Court. Mr.. A., W. Blair was present for tho "New Zealand Times" Company. Mr. Bell stated that tho, minute had been agreed upon, and ho desired the Court to direct the Registrar to embody it in tho records. He did not wish it to appear that it' had come from counscl without the Approval of tho Court. Tlio miiiute read as follows:—"At the trial of tho action and, on the hearing in the Supreme Court of New Zealand of the motion for a new trial, and on the hearing of the appeal in tho Court of Appeal of New Zealand, it was common ground to both parties that, bv the words pamphlets free' on the bundle in tho cart depicted in the cartoon, wore meant tho pamphlet reflecting on. the Prime Minister referred to in tho pleadings, and the defendant did not contcnd that tho said words wore capable of any other meaning. The case was presented to tho jury by counsel for each party, and by. tho learned Judge, at the trial, on the assumption that those words had that moaning." The Court agreed to grant the order asked for. SOLICITOR STRUCK OFF. Mn A. Gray, on behalf of the Wellington District Law Society, asked for a ruio absolute to striko Arthur Harold Bnnn, solicitor, off tho roll. Bunn was recently convicted of theft of moneys from his employers at I'almerston North, and sentenced to a term of imprisonment. Mr. T. Young, who appeared for Bunn, asked that the Court should mention some lime at which Bunn might aoply for readmission. Counsel mentioned that such a courso had been adopted in a recent ense. The - Court granted Mr. Gray's application, but declined to specify any time. It would rest with Bnnn himself to applf when he had re-established his character.