MARINE CERTIFICATES.

New Zealand Herald, Volume XXXVI, Issue 11040, 18 April 1899, Page 5

MARINE CERTIFICATES.

- '» ATTORNEY-GENERAL V. CAPTAIN JONES. [m TELEGRAM.—PRESS ASSOCIATION.] Wellington, Monday, The case of the Attorney-General versus Captain Jones came before Judge Denniston in Chambers this morning. Mr. Gully, solicitor for the Crown, said the application was for an interim injunction regarding the master's Jlome-trading certificate, issued to the defendant in 1697, The statement of claim showed that the ground upon which the application is made is that the certificate is alleged to have been fraudulently obtained. There was absence of material qualification on the part of the application, and the present application, supported by affidavits, was to restrain Jones using bis certificate prior to further impending action against him. Mr. Grey said tho affidavits lodged on behalf of the Crown were insufficient to establish a prima-facie case. There was no danger to the public pending the trial of the main case, the certificate having been lodged in Court. Mr. Gully said Captain Jones was entitled under the certificate, unless expressly restrained, to trade round the coast. Judge Denniston: By interim proceedings you are asking me, on prima-facie evidence, to take away the legal rights of an untried man. To try a question of fraud at this stage would be dealing with the whole case pending. Counsel having conferred a few minutes, Mr. Gully said it had been agreed to have the whole question finally decided at the trial, and he asked that the case stand over till Thursday. Judge Denniston: You are not going to put the Court to trouble in considering the facts as well as the law upon the affidavit for an interim injunction. The application was adjourned accordingly.