The Courts.

New Zealand Mail, Issue 995, 27 March 1891, Page 16

The Courts.

SUPREME COURT.

The next sitting of the Bankruptcy Court will ba held on the 20th April. A sitting of the Bankruptcy Court was held before the Chief Justice yesterday week. Applications for discharge were granted in the following cases :—,T. E. Butler, S. C. Buckman, VV. Mitchell, J. C. Smith, W. Brown. At the request of the Official Assignee the application of Fnrness Brothers for their discharge was allowed to stand over until next sitting. The bankruptcies of Warmington and Co., W. S. S. Stanton, D. Doig, L. McGovern, J. Henderson were declared closed, and the debtors were ordered to apply for their discharges at next sitting. The Official Assignee was granted permission to sell the book debts in the estate of Wm. Hunt. This was all the business. IN BANCO. Saturday, 21st March. (Before his Honor the Chief Justice.) PRICE V. BRENCKLKY. Judgment was delivered in this oase, which was argued on the 18th. of last month. The case, it will be remembered, was an appeal from a dismissal by Colonel Roberts, R. M. for the Wairarapa, of an information charging the respondent with having carried dynamite on a Government Railway against the provisions of the by-law 3. The ground of the Magistrate’s deoision was that it was not proved that the railway from Wellington to Featherston was a Government railway or a railway within the meaning of the Public Works Act, ISS2. His Honor overruled this contention, and dismissed the appeal with costs, £7 7s. Mr Gully appeared for the appellant, Mr Hall for the respondent. RITCHIE V. COOPER AND THE NATIONAL MORTGAGE AND AGENCY COMPANY OP NEW ZEALAND. In this case the plaintiffs, mortgagees of lands in the Chatham Islands, had recently obtained an injunction against the Registrar of the Supreme Court at Wellington, and the defendant Company their mortgagees, restraining a sale of their lands by the mortgagees under the conduct of the Registrar on the grounds amongst others that the time fixed was too short, and the sale was not being sufficiently advertised. Mr Skerrett for the defendant Company on Friday last moved in Chambers to dissolve the injunction, Mr Gray opposing. His Honor now delivered judgment, dismissing the defendant Company’s motion. HAROMI TE HAPUKU V. WARE RUATAHI AND . OTHERS. This was a special case stated for the opinion of the Court. Watene Hapuku, an aboriginal Native, died in April, 1889, intestate, and in June, 1889, letters of administration were granted by the Supreme Court to the plaintiff, his widow. At the time of his death the intestate was possessed of an undivided share in certain blocks of land held under Crown grant. The deceased bad debts to the amount of £2437, and no other property than the land. The principal points argued were whether the Administration Act, 1879, applied to Natives at all, and if it did to what extent its operation was affected by the operation of the Native Lands Frauds Prevention Act ; whether the administratrix bad any power to sell the lands for payments of debts at all, and whether, if she had such power, the sale must not come before the Trust Commissioner for him to be satisfied that the successors had sufficient lands left for their support. Mr Morrison appeared for the administratrix, Mr Bell for the Trustees. His Honor reserved his decision. THE CHARGES AGAINST MARK RAWLINGS. (PER PRESS ASSOCIATION.) Auckland, March 19. The charges against Mark Rawlings, Secretary and Treasurer of the Parnell Orphan Home, were before the Supreme Court to-day. The first charge of larceny on 13th December, 1889, of Lll3 15s received by him as beneficial owner with two others as mortgagees, and also a second count charging him with stealing a similar amount on the 19th March, fell through, as the evidence did not show that he was a beneficial owner. Three other charges affected by this decision were withdrawn. Rawlings was found guilty of larceny as a baillie ot a cheque for LG6 3s 4d, the property of the Trustees of the Home, and also of embezzlement of LSO. Another charge is to be heard to-morrow HEAVY SENTENCE. Auckland, March 20. At the Supreme Court to-day Mark Rawlings, who acted as hon treasurer to the Parnell Orphan Home, was sentenced to three

years’ imprisonment on three charges of embezzlement and larceny of the .funds, the sentences to run concurrently. Judge Connolly in sentencing the accused, condemned the insufficiency of audit in the cases of persons entrusted with public money, and said the present case was due to this. He regretted having to pass sentence on a man of the prisoner's age and reputed respect. THE NATIVE POACHING CHARGES. Christchurch, March 20. Mr Greenfield, R.M., delivered judgmertin the cases brought by the Acclimatisation Society against two Natives taking trout, con* trary to the fishing regulations, in the Waima* lcariri at Kaiapoi. He held that the charges were proved on the legal points raised, but held that there was nothing in the Fisheries Conservation Act limiting the right of laying information to officers appointed by the Collector of Customs, or preventing a police officer or other person from laying an information against persons committing a breach of the law, which was an offence against the public. It was his opinion that the regulations a 3 gazetted met the requirements of the Interpretation Act, ISBS, section 17, and it waa also his opinion that the claim or right of the Natives under the Treaty of Waitangi, and Kemp’s deed to all river fisheries within the area they had sold and conveyed by that deed was a mere pretence and not bona fide, as the Natives must have known they had no legal claim under the Treaty, and that all fishery rights reserved by the deed under the phrase “ mahunga kai” were extinguished by the Native Lands Court. A fine of LI and costs in each case was inflicted. On application by counsel for the defence the fines were increased to L 5 5s each, in order to give an opportunity for appeal. Another case against a Native for a similar breach of the regulations is to be taken. CRIMINAL LIBEL ACTIONS. Auckland, March 20. A charge of criminal libel, preferred by Rev T. J. "Wills, Anglican Minister at Opotiki, against Stewart Bates, proprietor and editor of the Opotiki Herald, was heard in the Supreme Court to-day. The alleged libel was contained in an article in the paper named. Mr Theo Cooper appeared for the prosecution and Mr W. L. Rees for the defendant. The plea of justification was set up by Mr Bates’counsel, but after the close of the prosecutor’s address, it was withdrawn, and a verdit of guilty was returned. Sentence was deferred, pending the hearing of the charge of criminal libel preferred against - the Rev T. J. Wills by Mr Wyatt, lately teacher of the public school in Opotiki. Auckland, March 23. In the libel charge preferred by.Mr Wyatt, formerly school teacher at Opotiki, against the Rev T. J. Wells, Anglican Minister there, heard at the Supreme Court on Saturday and to-day, the jury returned a verdict of not guilty. The alleged libel was contained in statements published in Opotiki regarding Mr Wyatt. In the case of Stewart Bates, found guilty of libelling Mr Wills, his Honor ordered Bates to enter into his own recognisances to come up for sentence when called on.