LAW AND POLICE.

New Zealand Herald, Volume XXVIII, Issue 8482, 5 February 1891, Page 3

LAW AND POLICE.

SUPREME COURT.— Banco. Wednesday. _■ , [Before (His Honor Mr. Justice Conolly.J The Queen v, E. A. Mackechnie.—This was an action brought by the Crown against Mr. E. A. Mackechnie to recover certain deeds which the defendant held as a lien for costs due to him by the Kaihu Valley Railway Company in respect of certain lands over which the Crown held a mortgage. Mr. Button appeared for the plaintiff, and Mr. Heskethfor the defendant. The erase had been argued at a previous sitting of the Court, when judgment was reserved. His Honor now delivered judgment. The question for the decision of the Court was whether the defendant had a right to detain the documents as against the plaintiff on the grounds alleged in the statement of claim. After-dealing with the facts, and the authorities cited by counsel, His Honor said that he had come to the conclusion, although not without reluctance, that the question must be answered In the negative. It was no doubt a case of great hardship that the defendant should be deprived of his fees, although the plaintiff had the benefit of his work, but as the Crown was the plaintiff the defendant may get some compensation, but with that, however, he (His Honor) had nothing to do. Mr. Button said that by consent no costs would be asked for in regard to this argument. His Honor said he would not be inclined to allow costs, bub it was better that it should be by consent. Mr. Hesketh said that as the question involved was an important one, the defendant would probably ask to have it reviewed by the Court of Appeal, bub it was not necessary, under the rules, to give notice of appeal at present. Brown (appellant), Shaw (respondent). This was an appeal from the decision of Justices on a matter of law.' Mr. Button (for Messrs. Jackson and Russell) asked that the case might stand over till next banco sittings. "The adjournment was granted, Mr. Button stating that notice would be given to Mr. Rees, who appeared for the appellant. Land Transfer Act.ln the matter of the Land Transfer Act, 1885, and re order of Native Lands Court dated-17th December, 1889, Mr. Button, moved, on summons, to the district Land Registrar to show cause for refusing to register the said order. Mr. Cotter appeared for- the Stamp Department, and by consent the application was allowed to stand over, for a fortnight. Contempt of Court.— the matter of the Law Practitioners' Act, 1882, and re William Robert Franklyn, a solicitor, Mr. Cotter moved that the said W. R. Franklyn be adjudged guilty of contempt of Court for not having paid the fees. The notice had not been served on Mr. Franklyn, and Mr. Cotter asked that it might be allowed to stand over. There was a similar application in regard to George Edward Keotley and another in regard to Charles Edward Madden, bub, on the application of Mr. Cocter, these were also allowed to stand oyer for a fortnight, promises having been!made that the fees would be paid within that time.

Deceased Persons' Estates Duties Act. —In the matter of the Deceased Persons' Estates Duties Act, 1881, and re the will of Allan Kerr Taylor, Mr. Button moved on appeal from the assessment. Mr. Cotter appeared for the department. By arrangement, the matter was withdrawn in the meantime."

' POLICE. COURT.— Wednesday. [Before Dr. Giles, R.M.] Drunkenness.One first offender was fined 5s or in default 24 hours' imprisonment. Alfred Asbenden was fined 10s or in default 48 hours' imprisonment. Alleged Forging and Uttering.— Phillips was charged with uttering a cheque for £2, purporting to be signed by Donald Ferguson, at Kuaotunu, on January 7. Sergeant-Major Pratt asked that this case should be remanded to Mercury Bay. Dr. Giles granted the application. Industrial Schools' Act. — SergeantMajor Pratt on behalf of the police applied to have Elizabeth Ann Sefnell, aged 11, George Seffiel, aged 7, Lily Fong, aged 5, and Eda Ellen Lund committed to an Industrial School, as they were living at preseut in a brothel occupied by Elizabeth Lund. Sergeant McMahon deposed that he had found the four children at nine o'clock that morning in the house occupied by Elizabeth Lund. Mrs. Lund was addicted to drink, and was not a fit person to take care of young children. George Strathern deposed that Mrs. Lund had been in receipt of charitable aid since April, 1890. Mrs. Lund had had five children under her care, but had recently sold one for £5 to a China-, man who arrived from Foochow. The child was then taken away to China. The affairs in the house had gone from bad to worse, till the Charitable Aid Board had asked the police to interfere. Dr. Giles said that this case showed what a shocking state of affairs existed in some parts of Auckland, and that the law was quite inadequate to grapple with such a case. Provided the parents fed and clothed their children they could not be made accountable to the police. He had no alternative under the circumstances but to commit the children to the Industrial School.

Alleged Obscene Language. — Ellen Lawson, alias Moller; was charged with using obscene language in Albert-street on January 30. Mr. O'Meagher appeared for the defendant and the case was adjourned till next day.