COURT REPORTS.

New Zealand Times, Volume XXX, Issue 6491, 10 April 1908, Page 3

COURT REPORTS.

THURSDAY, APRIL 9. COURT OF APPEAL (Before their Honors Justices Williams, Dennieton, Edwards, Cooper, and Chapman.) MITCHELL AND McKELX/AE v. OTAGO LAND BOARD. Agrument in this case (which is reported elsewhere) was concluded and the Court reserved its dccision. Beforo their Honors Justices Williams, Edwards, Cooper, and Chapman.) A NATIVE LAND TRANSACTION. In the case of Eikirangi and others v. the East Cckist Commissioner, Mr George Hutchison appeared for the plaintiffs and Mr H. D. Bell, K.C., with him Hr Nolan, of Gisborne, for the defendant. This was a case removed into the Court of Appeal for argument. The action vrtie commenced at Gisborne by Wctini Eikirangi and six other natives, suing on behalf of themselves; and other natives to tho number of 165 interested a b owners in a block of land containing 6082 acres 2 roods 20 perches, and known Us Maraetaha, and numbered two A, section© 2 and 3. The defendant is Thomas A. Coleman, of Gisborne, who was appointed a© Bast Coast Commissioner in 1907, under section 22 of the Maori Land Claims Adjustment ;Act, 1906. Tho Ullegation in the statement of claim was that in August, 1904, the BcUrd (to which tho defendant was the fmocoaior in hie capacity as Commissioner) had • sold this block of land for the sum of J3406C 2s; that the plaintiffs Mid applied to the defendant for copies of the minutes of the Board relating to tho sale, and for copies of all tenders, letters, etc., relating thereto, and had offered to bear the expense of procuring them; that the defendant had rendered an account of the purchase moneys showing deductions amounting to .£357 Is, some of which the plaintiffs objected to; and that the defendant had refused to pay the balance over to the plaintiffs. Plaintiffs .churned discovery of the documents they had ask-pd for and accounts of all moneys received in respect of the sale, and a decree that tho balance should bo paid over to them. , ~ The defence was that the ownership of this block had never been ascertained, no formal order of the Native Land Court in respect of tlie land having been made; that the moneys received in respect of the sale hod an been expended in payment of past liabilities of the trust;’ that it was impossible to ascertain to what persons or in wnat shares the money belonged, or should be divided; that the Validation Court had exclusive jurisdiction to determine all matters of accounts as to the trust lands vested . in the Board; that even it such jurisdiction, was not Exclusive, that Court was now proceeding with a scheme for equalising in equity the liability in respect of the several trust blocks undoi statutory power, and it would be contrary to that power tor the Supreme Court to determine the question. Evidence in the cas© was * taken before hie Honor Mr Justice Chapman at Gisborne, and the case was then removed into the Court ol Appeal for argument.

The arguments of counsel were not concluded when the Court adjourned until 10.39 a.m, on the following day.

MAGISTRATES' JURISDICTION (Before Mr W. G. Riddell, S.M.) For drunkenness John Thompson was convicted und ordered to remain in the Pakatoa Inebriates’ Homo for one year. Robert Brown, who was charged with theft of one silver watch and one gold and greenstone chain, valued at £B, from tho person of, John McMilftm, was remanded until April 15th. Thomas Kane, aliad .James., Hayes, pleaded guilty to damaging a pane of glass, Valued at 10s, the property of T. G Ashman, and of refusing bo quit licensed , premises (tho Albert Hotel) when requested to do eo by a servant of tho licensee. On the first charge he wae fined £2, and ordered to pay tho extent of damage, 10s. On the second charge h© was fined £3. Default wUs fixed at fourteen days’ imprisonment in each case, the sentences to bo concurrent.

John Finlay, on a charge of being found without lawful excuse in a railway carriage, was remanded until April 13th. . Arthur Jennings pleaded guilty to being found by night in a stable in Dixon street, the property of William Whiting. The accnced was remanded until April 16th, in order to allow the police to make inquiries as to his past record.

Daniel Mbhony was sent to gaol for three mouths for having been found without lawful excuse by night in a yard in Bo Heston street, the property of Herbert Hill and Co.

John Miller pleaded guilty to procuring whisky'during the currency of a prohibition order against him, Sub-In-spector O'Donovan asked that ho bo bound over to keep the pttece, as ho was in the habit of carrying a loaded revolver about when ho was under the influence of liquor. The accused was fined X2, in default seven days' imprisonment, and ordered to enter into a bond of XSO to keep the peace for twelve months. CIVIL BUSINESS. (Before Dr A. McArthur, S.M.) UNDEFENDED CASES. Judgment by default was entered for the plaintiff in each of the following undefended cases;—Diamond Confectionery Company v. Andrew Wett, Xl7 18s lOd (cost® -81 10s fid); Smallbone, Grace, and Company v, William Smith, *B4 Os Dd (costs 12e) ; Neil Anderson v. Charles Mitchell Smith, X 4 8e (costs 10s); Oommeroial Agency, Limited, v. Thomas Brown, X 8 Oa 6d (costs XI 3s fid); William Young and James S. Elliott v. William Jamieson, X 4 4s (costs 10s); Terex, Barker, and Finlay, Limited, v. Clapham Brothers, 5s fid (costs Ss);. E. w. Mills and Company, Limited, v, Lewie Brothers, -820 12s 9d (costs -82 14s J; Vacuum Oil Company Proprietory, Limited, v. Lewis Brothers, -82 14s lOd (costs 10s); Commercial Agency, Limited, v. Mary Jane Bergstrom, XX2 Is 3d (costs XI 10s fid); Blundell Brothers, Limited, v. John A- Cawson, 11s (costs fie); Augustus Phillip Mason v. Joseph Andrews. £2 2s (costs 5«0; Meek and von Haast v. Charles Johnson, .£3 9s (costs se); Cadbury Brothers, Limited, v. Mr*. Augusta Carstens, *62 18a fid (costa 7s); Carr tmd 801 l r. George Dabourne, *B2 Ifis (costs 7s); Dresden Piano Company, Limited, v. Charles Diriacan, *B9 12s (cost* XI 3s fid); J. Smith and Company r. William Rhodes, XS 15s (costs 10s); the same v., Otto Krohn, X 4 15s (cost* 12s); Carr and Bell r, Jbmee Gafiny, X 5 5© 1 (cost* 8s); Stewart Timber, Glass, and Hardware Company, Limited, v. Frederick Ward. XBl 4s Sd (costs X 4 10s fid); Johnson vill© Town Board r. Augustin© Eirai, X2 8s lOd (costs 10s); Walter Oandar v, Alexander Simmons, XU 15s (costs 15s); Reginald Welleby wa» ordered to pay X 7 lots fid, balance of a debt of X 9 18s fid, to William Hill, on or before April 23rd. (Before Mr W. G. Riddell, S.M.) A DEAL IN FEUIT. James Henry Maattan, fruiterer, Palmerston North, sued A. J. J. Boulton, fruit merchant, Wellington, for Xl2 fis fid. The pfeintiff stated that he had bought X 5 worth of fruit from the defendant on August 21st, 1907, to be delivered next day. When it was eventually delivered—on August 26th —it was found to be deficient in quantity, and some of it was bad. For tnis X 4 Is fid was claimed. The defendant had Ugreed to act as the plaintig’a agent in Wellington, and the plaintiff sent him a cheque for Xl2 to qpy fruit for him. The defen dtmt sent up only X 8 10s worth of fruit. The plaintiff

therefor© claimed £3 10s, less 10s for commission and cartage. On another occti/don the plaintiff sent £7 10s to the defendant for Sydney fruit. The defendant sent up fruit worth £1 3s, and a cheque for the balance. The plaintiff had not enough fruit for his Saturday trade, and had to close his shop on the following Monday, Tuesday, and Wednesday. For this h© claimed £5 5s damages. For th© defence it was contended that the plaintiff had been buying goods direct from the defendant, and that the latter had not been noting as an agent. All dealings in fruit were carried out on a cash basis, and any delay there had been was caused by the ftict that the plaintiff’s cheques had not been met promptly.

His Worship reserved his judgment. Mr von Haaet appeared for th© plaintiff, and Mr Near© for the defendant. A sitting, of the Juvenile Court was held before Mr W. G. Riddell, S.M. A girl whose mother w*is in indigent circumstances and unable to support her, was committed to th© Receiving Home, the mother being ordered to pay 6s a week.