LAW AND POLICE.

New Zealand Herald, Volume XXVII, Issue 8425, 28 November 1890, Page 3

LAW AND POLICE.

SUPREME COURT.—IN Banco. ' Thursday. [Before His Honor Mr. Justice Conolly.] Injunction AND PROHIBITION. — 111 the matter of the Poututu Jurisdiction Act, 1889, and an inquiry held thereunder, Mr. DeLautour moved for a writ of injunction and prohibition. Mr. Theo. Cooper (instructed by Mr. Nolan) appeared for William Cooper, John Henry Stubbs, and the Bank of New South Wales, and he pointed out that Air. Barton, the Judge of the Native Lands Court, had not filed any statement of defence. The case arose out of a judgment given by Judge Barton in the Native Lands Court, in respect of certain land on the East Coast, known as Poututu 1, 2, and 3. The statement of claim alleged that the defendant, Judge Barton, a Judge of the Native Lands Court, and sitting as such in Gisborne, in an inquiry held under the Poututu Jurisdiction Act, The plaintiff', Percival Barker, had acquired certain interests which were not complete alienations, but were capable of completion. The plaintiff did not pretend that his deeds were yet valid, but he said he had certain rights which may be made good, and may be brought into the Native Lands Court, and made good on partition, but the contention was that until lie had obtained a certificate to these intended alienations the court had no power to deal with it. The defendant, Cooper, claimed to have acquired 18 shares out of 27 in one of the blocks. It was alleged that the title to the blocks was native title. The allegation was that the Judge of the Native Lands Court assumed jurisdiction and dealt with Cooper's and other claims to the land. Plaintiff resisted the claim, but he was ordered to pay to the Bank of New South Wales or Stubbs, neither of whom were parties claiming the land, but who claimed under a deed of mortgage. Plaintiff now asked for an injunction to restrain the defendant Barton, or any other Judge of the- Native Lands Court, from dealing with the land, or making any order respecting it. The points of law pleaded were that the Act in question gave the Native Lands Court to receive or validate any deeds or documents, or to make any money order binding on any person other than persons claiming the land. The whole question arose on the judgment given by Judge Barton, sitting under the jurisdiction given by this special Act, and Mr. Cooper contended that the Supreme Court had no power to review, or in any way deal with a judgment given under the Poututu Jurisdiction Act, as that Act was specially passed to deal with the Poututu, and was constituted a special jurisdiction. After hearing Mr. Del.atour's arguments, His Honor said that he -would not call on the defence to reply. He ruled that under the special Act the Supreme Court had no jurisdiction, and the motion was, therej fore, dismissed. Costs, 23 guineas, were i allowed, exclusive of disbursements. Rofiiia Tamana and Others v. Native | Land Settlement Company.— was a motion for a writ of injunction and prohibition. Mr. DeLatour appeared in support of tho motion on behalf of the company, and Mr. Theo. Cooper and Mr. Finn appeared to oppose. Mr. Theo. Cooper said on behalf of the plaintill' he had to apply for an adjournment. Tho notice had only been liled in Gisborne on the 20th of November. Mr. Matthews' affidavit, which was the principal one on which the defendant relied, was only served on the 'J Ist, and other affidavits had since been filed, so that it was physically impossible • for them to file answering affidavits. His Honor-said one affidavit had been tiled that morning. Mr. Cooper said the plaintiffs lived forty miles away from Gisborne. Time would be required for preparing the affidavits, and having them sworn. His Honor said there was an action pending,and cross-injunctions had been issued. Mr. Cooper said that was so, but his application was for an adjournment, in order that they might have time to file answering affidavits. Mr. DeLatour replied. The whole question was alleged trespass by natives and Mr. Lois, in running sheep on the company's land. His Honor granted the adjournment sine die, with liberty to either party to apply, and to lile answering affidavits, and he made no order as to costs.

R.M. COURT.—Thursday. [Before Dr. Giles, K.M.] Undefended Cases.—ln the following undefended cases judgment was given for the plaintiffs :—E. Porter and Uo. v. C. Cowan, £26 6s 4d, costs £5 Is ; J. A. Haslett v. A. Preeee, £1 17s, costs 7s; Wingate, Burns, and Co. v. G. H. Lee, £7, costs £1 Is; Wingate, Burns, and Co., v. J. Meyer, £2 4s 7d, costs 1 i>s ; H. L. Posseniskie v. C. Calbraith, £10 0s lOd, coats £2 2s; Deedor Box, v. M. Sullivan, 14s Od, costs Us ; Doedor Box v. AJ. Nash, ill Is (id, costs Os ; L. Moses v. T. Fawcett, £17956 d, costs £2 Is (immediate execution authorised); E. Cooper v. F. NVabkinson, £4') 9s, costs £L 10s. Adam Emekialk v. A. Potter.—Claim, £12. Mr. C. S. S. George appeared for the plaintiff, and Mr. 11. Campbell for the defendant. The plaintiff claimed to recover the possession of a nine named Belvidere, alleged to have been removed from the paddock of Mr. Bond by the defendant, or in default the value of the mare. Evidence was given by the plaintiff to the effect that the defendant lent him £2. The animal was not given as security, but. was removed from the paddock, and he found it in the possession of the defendant. It was claimed by the defendant that the mare was given as security, and that he had paid costs of grazing. He did not remove it from the paddock, but found it straying on the road. His Worship gave judgment for the defendant, holding that the animal was security for the debt, which was still unpaid. William Kerr and Sarah E. Kerr v. John- Mills and wife.— Claim £;'>o, for damages. Mrs. Kerr, one of the plaintiffs, having been bitten, on the 23rd March last, by a dog alleged to belong to the defendants. As Mrs. Mills is the owner of the property on which the dog was kept, she was included as one of those sued. Mr. 11. Campbell appeared for the plaintiffs, and Dr. Laishley for the defendants. After evidence was heard on both sides, counsel addressed the Court, and Dr. Giles then reserved judgment until Friday.

POLICE COURT.—Thursday. [Before Messrs. J. M. McLaclilan ami IX. M. Shepherd, J.l'.'s.] Dkuxkkxness. — Robert Anderson and Mary Cariniclmel were each lined '20s and costs, or in default forty-eight hours' hard labour. Obsci:n*k Laxouahe.—Stephen Home was charged with having used obscene language in Wyndham-street on the '26th November. J. W. Knight deposed that he was a fruitdealer. On the (lay in question ho missed his wife, and on making inquiries he found that she was in defendant's house. Witness askod him to deliver her up, but he denied that .she was on the premises. The house referred to was one of ill-fame, having a very bad character in the neighbourhood, He went for a policeman to assist him, whereupon the accused made use of some fearfully bad language. Ultimately, with the assistance of one of the detectives, he found his wife in the house in a disgusting state. Constable Howell also gave evidence. The Bench said the conduct of the prisoner was of such a nature that the severest possible penalty would be imposed, and accordingly sentenced him to twelve mouths, with hard laboitf. Assault.—Peter .McGrath, bootmaker, Victoria-street, was charged with having unlawfully assaulted his wife, Ellen McGrath, 011 the '25th instant, by striking her on the head and banging her head against? the wall, and also pulling her round the floor by the hair of her head. Prisoner pleaded not guilty. Mr. W. J. Napier appeared for the prosecution. Ellen McGrath deposed that on the day in question defendant asked her for some money, and when she said she knew nothing of this money he assaulted her an described in the charge. She endeavoured to cry out, but defendant placed his hand over her mouth. Witness gave him no provocation. Defendant denied having assaulted his wife, but admitted having placed his hand over her mouth, as she was screaming .so loudly. He gave her a slight shaking, but not 30 roughly as to injure a mouso. Frank McGrath, son of the accused, deposed that on the 25th there was a row in tho family, in which his parents threatened one another ; his mother lifting a chair to strike his father, and the latter retaliating by giving her a shaking. The Bench ordered the prisoner to pay costs, and to be • bound over in a sum of £50 to keep the p§ace Cor 12 months.

OTAHUHU R.M. COURT. The usual monthly Bitting of the Otahaha Resident Magistrate's Court was held on Thursday, November 27, before Captain Jackson, R.M., and Messrs. S. Luke, G. B. Hutton, and J. Gordon, J.P.'s. The following cases were heard :— Rkgina v. Loomb.—Using firearms near a public place. After a great deal of conflicting evidence, defendant was discharged with a caution. Pkgg v. Keyes.—Trespass by erecting a building on a boundary. Case dismissed, costs being given against plaintiff. Sturges v. Robinson I .Adjourned until next court day, as summons had not been served. Several other cases were settled out of court.—[Own Correspondent.]