LAW AND POLICE.

New Zealand Herald, Volume XXXVIII, Issue 11690, 27 June 1901, Page 7

LAW AND POLICE.

SUPREME COURT.— Banco. 'A SITTING in banco was held yesterday by His Honor Mr. Justice Couolly. Gisborno Native Land Case:- Judgment was given in the case known as the- Uisbome native land case, Hcni Matcroa (Ileni Kaua) and Mikaora fare. Keiha v. Hugh Joseph Finn and Charles Debenham Bennett. Mr. F. E. Baumo appeared on behalf of the defendants to take judgment. This was a motion by the plaintiffs as administrators and successors of Kataraina Kahutea, to set nsido a certain transfer of native land at Kaiti from Bennett and Finn, and from Finn to W. J. Baty, as being the friend of Kata■raina, or of the plaintiffs, and that Finn-be declared the trustee for the plaintiffs, and for repayments by the defendants to the plaintiffs of £875 and interest. The following is a brief summary of His Honor's decision:—That the transfers from Bennett to Ftnn and from Finn to W. .1. Baty be declared fraudulent as against the plaintiffs, as her administrators and successors; that Finn be declared trustee for the plaintiffs of the sum of £875 received from AY. .1. Baty;' that Finn render to the plaintiffs forthwith all accounts against the estate of Kahutea: that so soon as these bills of costs are settled by taxation, Finn to pay to the plaintiffs the balance over that amount of the sum of £375, with interest, and that the _ defendants pay the costs of the, action. which were fixed on the highest scale.

Mere Kami and others v. Asset?. Company (Limited): Tho next cases on the ii>t were those of Mere. Raibi and others v. the Assets Company (Limited). Panama Wainapi and others v. Assets Company (Limited), and Tiara Ranginui and others v. Assets Company (Limited). Instructed by Mr. W. L. Roes, of (iislmrne. Mr. I3aume ajipearod to take judgment. His Honor, in delivering judgment, stated that the natives alleged irregularities in (lie acquisition of the land by tbo defendant, company. An application had been made in each of the cases for dismissal, on tho ground that others of the original owners of the same blocks of land had previously brought actions, which were decided in favour of tho defendant company. His Honor hold that lie must dismiss these actions, on the ground that all the plaintiffs now submitted that they could have been added as plaintiffs in tho former actions had they chosen, having a. common interest, and that these actions were vexatious and an jihuso of tho process of tho Court, and he must therefore dismiss tho actions, with £10 10s costs in each case.

Hauraki Sawmill Company (Limited!: In the matter of the Native 'Laud Court Act, 1894, ami of the appeal of the Hauraki Sawmill Company (Limited), to the native Appellate Court, from a decision of the Native Land Court, on the application of the company for a confirmation order to a certain transfer of lot No. 5a of the sub-division of T:\hanui No. ?. from, natives to the. company. This was a case.stated by the Native Appellate Court for the opinion of the Supreme Court, under section 92 of the Native Land Court Act, 1394. Mr. Fred. Earl, instructed by Messrs. Mills'" and Son, appeared for the appellant company, and argued the case. It appeared that the company sought confirmation under the Act of 1894 of a transfer signed during the period of 1383-1893 by some, but not all, the owners of the block above mentioned. The title to the land at the time of the execution o f the deeds was a certificate of title, under the. Native- Land Act, 1880. The land was therefore customary land. ami subject originally to the restrictions against alienation imposed against that class of title by the Act of 1873. The questions submitted for the opinion of the Supremo Court were: 1. Hsid the appellant a right in law to apply to the Native Land Court for confirmation'? 7.. Was th 3 alienation in accordance with the law in force at the time of the execution of the deed, and, if not, was the effect of the legislation subsequent to the Act of 1873 sufficient to remove any defect, in such alienation, and to render it effective, subject to confirmation? 3. Had the Native Land Court jurisdiction to confirm the alienation under the Native Land Court Act, 1894, and ought the said Court to have confirmed the said alienation? 4. Or was an application to the Validation Court the only means of rendering the said alienation effective? Mr. Karl exhaustively argued the questions submitted. He referred to the Act of 1875 and the Act of 1838, sections 3 and 4, also to section 16 of ths same Act, and to the effect of Poaka v. Ward (NIL N.Z. L.R. 2.38), on the operation of that section. The course ol customary land was further traced through legislation down to the Act of 189*, now in force. Sections 73 and 7* were strongly relied upon as supporting the contention that the deed in question was capable of confirmation, and it Was submitted these sections virtually took the place of the Native Land Titles Validation Act, which no longer existed. Counsel contended the objection of the Native Land Court, viz., that the alienation was not in accordance with, the law at the time of the execution of the deed, -was unsound, inasmuch as the alienation, although incomplete, was not invalid or contrary to any Act in force at that time, and even if it were not in such accordance the Act of 1894 re-, moved ail difficulties and gave life to all 1 such deeds. Section 56 of that Act could j not be held to defeat the clearly-expressed intention of section 73. His Honor referred I to the faefc than- this case was evidently a , test ease, affecting a great number of others, ; end reserved his decision.

POLICE COURT NEWS. Mr. T. Hutchison, S.M., presided at the Police Court yesterday, and Sub-Inspector ■Mitchell represented the police. Indecent Language: Emily Martinson, who was represented by Mr. Lundon, pleaded guilty to having made use of indecent language to May White, the post-mistress at Waimaukn. A fine of 20s, and costs £2 2s, ■was imposed.

Attempted Suicide: An elderly woman named May Thomson, who pleaded guilty on Monday hist to having attempted suicide hy the popular means of swallowing matchhesujs, was brought up for sentence. Accused said' that at the time she was under the influence of liquor, and was not aware of the presence of the matches in her till she was removed to the hospital. His Worship decided to issue 3 prohibition order against the accused, and she was released on her obtaining a surety of £50 that she would be of good behavior.-.- for six months. Mr. 11. Gillies appeared for the prisoner. By-laws: For driving vehicles by night without lights, Alexander Gouk, Seagar Buckland, "and Peter Foley were each fined 53, and costs Ts. Alleged Breach of Animals' Protection Act : R. Hellaby was charged with having in his possession certain native game, viz.; two gray ducks, during the close season between July 31, 1900, and -May 1. 1901. Mr. W. Colbeck appeared for the Acclimatisation Society, who prosecuted, and Mr. Cotter appeared'for the defendant, who pleaded not guilty. Mr. Cotter, for the defence, said the defendant was Dot able to sell the ducks within the time his license enabled him to do so, and had preserved them, and this, he submitted, was a lawful excuse. Defendant had lawfully acquired possession of the game, and held a "license to sell, and there was no law that compelled defendant tc destroy or do away with the game if lie was not able to sell within that time. The Act was to bo held prospective, and not retrospective, unless the language of the same was to the latter effect, and was not applicable till She close of the, present season. Defendant was licensed again on May 1. and had a perfect i-ight to have the game in his possession. Mr. Colbeck submitted that if the defendant had the game in his possession seven days after the Act of 1900 came into force, which wa" passed on October 20, 3900, he had committed an offence. His Worship said he was satisfied that no offence lead been committed, but would eive a written decision on Friday next. William Gtmson hae, for whom Mr. MeVoa K li appeared and pleaded zuilty, was fined 40 anil costs 28*; for selling cock pheasants to Frank Williams on May 6 1901, without having a license to do so. Mr. Colbeck appeared for the Acclimatisation Society. , Maintenance: Walter Charles Marlborough was sentenced to a month's imprisonment for failing to complj with an order of the Court for the support of Ids wife, warrant to be suspended if defendant enters into a bond for one surety of £30 for the payment o) arrears. A second charge of fading to maintain his wife, preferred against defendant, was adjourned till the 23th insr. Mr. i. Brookfield appeared for the prosecution. Theft: Jeremiah Donovan, alias hartley Mollov, Mho was charged on Monday las. With the theft of a pair of trousrrs, valued at '9s. the property of John Oreen, V'brought up for sentence. Mr. MacCorrnick appeared for prisoner, v. ho was now eon victed and ordered to come up for sentence if called upon within the space ot six months.

TE AWAMUTU COURT. .it the sitting of I he Magistrate's Court; on Tuesday, Mr. Northeruft, S.M., presiding, «3 less* than 10 people were charged with slv grovelling in the King Country. .included were three Europeans find seven natives, three of the latter being women. Sergeant Staplelon appeared for the .police, and Mr. A. Swarbriek, of Hamilton, defended nil the defendants except one, for whom Mr. Collins appeared. The following Mere the result:;: Waiato, caso dismissed; Teriuesi (husband of above), case

dismissed ; Arnokura, cases dismissed; Patterson, pleaded guilty, fined £10, and costs £3 123 9d ; Hatana, pleaded guilty, fined £15 and coste £3 19s 3d; Rum Bell, pleaded guilty, fined £15 and costs £3 19s 9d ; Tonga, pleaded guilty, fined £15, and costs £3 19s 9d; Thomas, pleaded guilty, fined £15 and costs £3 19s <}d ; Martin, pleaded guilty, fined £10 and costs £3 12s 9d. The defendants were allowed one month to pay the fines. Mr. If. N. Quick acted as interpreter.

Frank Hoskins was convicted of acting as engineer to the steamer Hauturu, not being duly certificated. It appeared from the evidence in the case that the Minister for Lands, when visiting the Kawhia district, being anxious to complete his journey, got -Mr. Ormsby, the owner of the launch, to convey him to (Jparure. There was no certificated engineer available, so the defendant acted. Fined 10s, and £2 9s costs.