COURT REPORTS.

New Zealand Times, Volume XXIX, Issue 6362, 9 November 1907, Page 11

COURT REPORTS.

FRIDAY, NOVEMBER 8. c&aEPjBMSj/norr court, MORRISON v. TTTR MANAW-ATU iav/lwav (\ompan y. Ilie ILpfuor Mr .TnM.mo ( copor, Mi* IT. R. Lfi"hton (wvur.r -r for the nnt), and Mr A. IT. Mil's /assessor for (ho r"Uio.'id<nl ]*'' ny. cm .'tPuirng a Cortipmisa thru ( Vmrt, com tinu-cd the Soaring of lhr» claim prelm-rd against f,!fi rad way company by John La > ;■<l hTerriao/i, who r,‘'< -Ur. P> recover the. sum f»! which in said to lu» (.he value wf a,n area of 3 rocdn 4 perches of lard which lee; Ik mi iako.n by -f h.» Cfrinpany for the purpose of their railway firm under Inc Public Works Art. Mr I'M P. Buu.ny apjmarcd for Mm. claimant, and Mr J. I*. Campbell for fno respondent romjxiny. The //vidmice for Ur.' rI a i nuin b had b< w, n concluded on the prov'imi:-, rj;i y, and one o\- {-ao wilnw.cs had been railed oiTi h(ilni.!f of the r •opondenb. Tim r of Me :-y;x A, P. Gaultm-. V A. Harvey, James Apolijj, and (>. i’mti was taken mi behalf of the re?xy rrde-rri, fi-'itti-ny. The tcmimony given went to show that Mia value of : tho land taken by the cornua ny vrae not I'-carly jm much V* that attached to it! by (ho eta imanl. i At the coMf.’usion of tho 0000 Mr I C ampbell staled that lie did not do-1 Biro to address Urn Court. Mr Bunny! briefly reviewed the evidence. !

l;us Honor Mr .Jn.sti-r.cs {>;o|mt said ih't n!f'7nb'T> of tho Court would pro-<;r:-d to ['.iraparaumn a.m! viow tho looua ill (put, a rid na Monday in a legal Jiolidny would rasurno tlin )icariiig°ol' ilm eiu-.o on Tucsdiiy morning aL 10 o'clock.

IN CHAMBERS. (Beforu iiia Honor Mr Ju.stico Hutton.) divorce matters. In tho case of Douglas v. Donghu and anoilicr, on tho motion of Mr Hardman, tho petitioner wa.s directed to- find soourity for kin wife’s costs which wore fixed at £3O. ’ In the ease of Anderson v, Anderson and another, on tho motion of Mt Hordman, leave was given for the amendment of the petition. RROBATF. Mr Martin Luoide moved for pronto of tho will of f'lnima Hughes, de-ceiu-wl. Order as prayed, the papers to remain on record in the Wellington Registry, and any further proceedings to bo taken in 'Wellington. In tho matter of tho Rating Act nnd of section I, block GO, Invercargill, and in tho matter of a summons to pay out nionoys now in the hands of tho Public Trustee, his Honor made na order justifying the District Hand Registrar in producing to tho Court and to either oi tho iiarties concerned tho confidential notes made by Mr Haider, examiner of titles, now in tho custody of tho District Land Registrar at Invercargill, and for tho production of copies of all other documents relating to the matter. Mr Herd man appeared far tho applicant, nnd Mr Wilson for tho Public Trustee. In the ciiao of Langlands v. Thomas, on tho motion of Mr Myers leave was given to defend, tho defence to be filed within seven days and tho case to bo triedy\:, tho next sittings in 'Wellington. V A motion to settle tho decree in tho case of AVoed v. Joyce was ordered to stand ovor until it can bo dealt with by his Honor Mr Justice Cooper.

TOTE EXTENSION OF A CAVEAT. AN IMPORTANT NATIVE LAND CASE.

(Bofore his; Honor MV Justice Cooper.’) Hi 1 ? 1 [cm nr delivered his reserved judgment in the ease of an application by HsuuvjJi Bevan for the registration of a memorandum of transfer to one Richard Bovan. At tho argument in Chambers, Mr F. G. Dolton appeared for Kakriraia to Wbnnua, who was tho caveator, and who applied for an extension of his caveat, / and Mr M. Myers appeared for Mrs BeVan to oppose. .Ilia Honor, in delivering judgment, oaid this was a summons calling upon Mrs Bevan to show cause why an order should not bo made that a caveat lodged by Hakaraia to Whonua forbidding any registration of any dealings with tho land therein referred to should not lapse, Tho affidavits in support of tho summons alleged that tho caveator ivvis entitled to an interest in a block of land called Manawatu Kukutauaki No. 48, and that Mrs Bov an appeared on tho register aa tho registered proprietor. Tho hand was native land, Q«nd it was alleged that the original certificate of title issued to the native owners after the* title had been ascertained by tho Native Land Court oonttinod ii provision thnb the laud should ho K imvlicriablo by sale or lease for a longer period than twenty-one years or by mortgage except with the consent tho Governor being previously obtained to any such sale, lease, or morfcH was alleged that Hak t n<raia to Whonua was the lawful successor to Rmviri to Itangitehua a.nd Poho to

Rangito-hua, two of the natives to whom tno land was granted, and who wore named in tho original certificate of title; and that those natives transferred their interest in tho lands notwithstanding tho restrictions in tho certificate. _ Mrs Bcvan (who is a halfoasto Maori, and whoso Maori name is Ha mi T’owonc) had filed an affidavit in opposition to tho summons, and &ho alleged that in the year 1878 in consideration of natural love and affection these two natives convoyed their interest in the land to her, and that the deeds of conveyance were duly certified by the Trust Commissioner. She nil egos that the wrrtri.fi on to of title was «itbsoqiu?intly issued with n.n anto-ves* - - Ting clause to May 12th, 1873, and sub- i joct to the restrictions referred to in the affidavits filed in support of tho 8310 that in hSBG Hakaraia to Whomm, in consideration of os and natural love and affection, transform! Ids interest m 40 norevs of tho block to her, and that she hns acquired by will other interests in the block. She also alleged Unit the "lock was subsequently partitioned by the Native Land Court, and that the deeds of gift and will, were before the Court and that she was on October iGth. 1891, .awarded by the Court 19 r > .•acres 1 rood 1 perch; and that the partition order having been duly reentered she on November 2nd. 1892, obtained a certificate of title under the Lund Transfer Act for such land. She alleged that- she subsequently sold two

| portions of the la.md and that the transfers to tho rospootivo purchasers •wore duly registered, and that cm September 29th, 1899, sho obtained a balance certificate of title for the unsold portion of tho laud, and that tho certificate of title is still hold by her. Tho date when tho caveat was lodged was not stated in the affidavits, but it i was admitted that it was about duly, | 1007. and it was alleged in tho affidavit of the caveator's solicitor that tho ; caver, tor had boon and is now engaged iii obtain!ex' tho information nocecoary t-j f i’j.bfo liim to establish his title to i.br hiud A transfer of the land from Mrs Hovan to Richard Reran had been present#*! for registration, and, notioo iiaving been duly given to tho caveator, the fourteen clays prcocribod under section 146 of tho Land Transfer I Act expired on November Ist instant. I Tim summons far an extension of time , wan taken out on October 30th, and [on November Ist his Honor made an | order extending the caveat until 10 ■■ a.ru. on November Gth, no affidavits in ‘ support of tho summons having been filed. On the fitli instant, affidavits in [support of and in opposition to the ! sfin.inons .having boon filed, the applijea'ion for extension was argued before his Honor bv Mr Bolton for the caveator and MV Myers for Mrs Bcvan. Ffi.s Honor reserved judgmont, and in tho meantime further extended tho caveat until 3 p.m. today. In each instance the extension was opposed by Mr Myers, ’ a?ul was made without prel.iudico to any objections which Mrs i Bcvan could urge to the matter of the ] summons. Two technical objections | had boon taken, bv Mr Myers upon I which ho contended the summons must Ibo dismissed: (1) That no grounds wore stat'd in tho summons. (2> That Ino translation into tho Maori language |of the summons was served with tho summons upon Mrs Bovan. His Honor was of opinion that neither of these objections excluded his jurisdiction to dual with the summons upon the merits. • •

His Honor made an order extending the caveat until November 30th instant upon the condition that the caveator ■ applied for the Governor's consent within seven days from this date. If ho did not apply within that time tho caveat would lapse. If he applied within that time and tho consent was gramled them Ids Honor would extend tho caveat until March Ist, 1908, with liberty to the caveator to apply for a further extension if he established that ho had initiated his proceedings with promptitude and that these proceedings could not bo determined by a competent Court within that time. If the consent had neither boon granted nor refused by November 23rd, them Ids Honor reserved leave to the cavoator to apply for an extension of tho caveat beyond November 30th. As his Honor was granting an indulgence’ to the caveator and there had been irregularities on his part in connection with tho summons he was ordered to pay Mrs Bcvan’s costs, which wore fixed at £5 5.5, 'and necessary Court fees.

MAGISTRATES’ JURISDICTION.

(Before Mr AV. G. Riddell, 5.M.).. POLICE CASES. Jane AlcDonald, charged with not having sufficient lawful means of support, was sentenced to three months’ imprisonment. AValtcr Heberts and diaries Peterson wore each fined 206, in default seven days’ imprisonment, for disorderly behaviour whilst they w-ero drunk. ' A TRIVIAL AFFAIR... Two young follows were charged with behaving in Featherston street in such a manner that a breach of tho peace was caused- One pleaded guilty, and tho other, for whom Mr Wolford appeared, not guilty. The evidence showed that tho affair 'was a trivial one, arising cut of a dispute ovor some change, and Sub-Inspector, O’Domovan suggested that the information bo dismissed ns such, both accused being of good character. His Worship, however, Wins about to convict accused when Mr AVilford interposed and asked for an ndjcflirnnicnt to enable him to call witnesses on his client’s behalf, since his Worship thought there was a case to answer. .Both accuse/! were remanded on hail to tho 13th inst. CTMKT2RY FLOWERS,

William Haydcm (Mr Wilford) pleaded not guilty to having committed theft of flowers valued at 2a, tho property of-tli 3 Wellington City Corpora fcion. Tho evidence for tho prosecution showed that on October 30th accused plucked flowers from several graves in tho Sydney street cemetery and ’gave them to two little children with him. Hr Wilford stated that defendant had no thought of desecration when he plucked the flowers. Ho expressed sincere regret for what had happened. Sub-Inspector O’Donovan stated that had it been possible accused would have been proceeded against under a by-law or the Cemeteries Act, rather than for theft, but there was no by-law or prevision in the Aofc under which an information could havo been (laid. His Worship considered a small penalty would meet the cr.se, cjnd fined defendant 2s 6d. WASHING WATER.

Kate Bresnahan, prosecuted by the City Corporation for negligently allowing water to be wasted on her premises by apparatus being out of repair, did not appear, and was fined 5s and costs £1 Bs.

TRUANCY OASES. Mr J. Dinncou, Truant Inspector, proceeded against a number of parents and guardians whoso children did not attend school as they should have done. Fred Moyer and Harry Pratbley, who did hot appear, wore each fined 10s and costs 7s; John Doig, Samuel Go-odo, Robert Hare, ‘William H. Napier, William O’Connor, Hans Olsen, and William Shaddick, ss; John Crawford, 2s: MAINTENANCE CASES. Richn.Td Black was ordered to pay 7s 6d per week toward the support of hie illegitim.'&o child. William Benjamin Drury was charged with having failed to support his illegitimate child. Mr Dunn ap-n'-'-tfn,! for the complainant and Mr Wilford for defendant. Drury had been brought up from Christchurch, wiiorc ho was now residing, on a warrant, and Air Wilford protested against such a course having been follow'ed, as defendant had boom paying for the maintenance of tho child for two yeans, and was willing to continue doing so. Mr Dunn contended that from the fact that defendant had left Wellington it was to be inferred that ho was now trying to evade his responsibility, and lie asked that defendant bo ordered to find sureties. His Worship ordered defend ant to pay 7s 6d per week, to find sureties, himself in a bond of ,£BO and two sureties of £4O each, and to pay costs, £1 Is, or go to gaol for a month. CIVIL BUSINESS. (Before Dr. A. McArthur, S.M.) ’ < Judgment for plaintiff in default of i

defendant was given in the case of Rosenberg and 00. v. John O’Connor, 16s Gd (costs ss). Percy Gunner (Mr Hindmairsh) claimed 17s 6d for wages due from George R. Rogers (Mr AVedde). Defendant counterclaimed for £2, excess wages alleged to have been paid to plaintiff. Judgment was given for plaintiff on the claim and counterclaim, with costs, £1 7s. Thomas Evans (Mr P. W. Jackson) sued George Pickering (Mr Dix) for £6 7s 4d, far the value of 28cwt of potatoes sold by defendant to plaintiff on September 24th, guaranteed as being fit for human consumption, but which, it was alleged, were in fact unfit, and' for incidental expenses. Evidence was given for plaintiff that ho purchased the goods with the guarantee referred to They were shipped from Wanganui to Wellington, but on arrival were condemned by the Health Department. The defence -was that the potatoes had been purchased by plaintiff as blighted, and that the latter had examined them before taking delivery. Judgment was for defendant, without costs.

At Mount Cook Police Court- two first offenders wore oomvict-od by Air AA r . Hildreth, J.P., for drunkenness, one being discharged and the other fined 10s, in default forty-eight hours’ imprisonment.