COURT REPORTS.

New Zealand Times, Volume XXX, Issue 6492, 11 April 1908, Page 6

COURT REPORTS.

FRIHAT, APRIL 10.

COURT OF APPEAL

(Boforo their Honors Justices Williams, .Edwards, Cooper and Chap-

man). A XATIVL LAND TUAXSACTIOX. Argument iv r; s continued in the case of T’ikirangi and olliors v. tlio ha si Coast Commissioner, tlio hearing of which was commenced on the previous day. 31 r (too. Jlidchima appeared for the plaintiffs and All’ If. II- Hell. K.C., v. ith him AXolan, of Gisborne, for the defendant. This waa a ease removed into the Court of Appeal for argument. A full statement appearcd in our columns on Friday.

At the conclusion of the argument their Honors proceeded to deliver judgment. His Honor 3lr Justice Williams naicl it would be impossible, for the Court of Appeal to interfere Svitli the duties that Parliament had imposed upon the Validation Court. With respect In the. claim for discovery the relief was not sought in the proper Court, which was tlio VnUlation Court. It would bo futile to grant discovery in the Court of Appeal even if it was the proper Court to come to, and therefore tlio defendants were entitled to judgment.

Their Honors Justices Edwards, Cooper, and Chapman concurred, and the appeal was dismissed with costs on the highest scale ns if the claim were for £IOOO and as from a distance. A HASTINGS AII,SOX CASE. (Before their Honors Justices Williams, Henniston, Edwards, Cooper, and Chapman.)

Air Westall, of Napier, appeared in support of an appeal brought by a prisoner named Martin Johnson against his conviction on an indictment charging him with having, on January 13th, 1903, at Hastings, ‘‘ wilfully sot fu'o to a certain building fixed to tho soil—to wit, the building known as tho 'Silver Grid.’” Air Myers appeared for tho Crown. This was a case reserved for tho opinion of the Court of Appeal. His Honor Mr Justice Cooper, before whom the ease was tried, in his statement of tho case, said that at the conclusion of the case for tho Crown counsel for the prisoner submitted that it was of tho essence of the charge that proof should bo given that the building m question was fixed to the freehold, and be contended that no such evidence had been given.

Having hoard Air Westell's argument, their Honors, without calling upon Air Myers, gave judgment.

Mr Justice Williams said in such .■> case the jury had a right to exorcise their common knowledge and comraonsonsc. Anyone reading the evidence would come to the conclusion, in the absence of evidence to the contrary, that the building was fixed to the sod, and there was no evidence in support of the indictment. Therefore, his Honor held that both questions set out for the opinion of the Court must bo answered in the affirmative, and the conviction sustained. Their Honors Justices Denuiston, Edwards, Cooper, 'and Chapman concurred. The appeal was dismissed. [Appellant had been sentenced to five years’ imprisonment.]

RELIGIOUS EDUCATION IN secular schools. (Before their Honors Justices "Williams, Donniston, Edwards, and Chapman.)

A question of considerable importance to tile public generally is raised in the case of Bruce and others v. the Education Board of the Wanganui district and Henry Alarriott Payne, which came on for hearing late in the afternoon. Air AI. Alyors appeared for the appellants, and Mr C. P. Skerrett, K.C., with him Mr 0. Hutton (of Wanganui) for the respondents.

The plaintiffs, by their statement of claim, said that they were the members of tho School Committee at Wanganui, and tho first defendant was the Education Board of that district, and tho second was the head teacher of tho Queen’s Park School, in the Wanganui school district. Tho school hours that have been, and are, observed in tho school are five hours on each school day, viz., from 9 a.m. till 12 noon, and from 1.15 p.m. to 3.15 p.m. On November 11th, 1907, tho plaintiffs, at a meeting of their committee, passed tho following resolution “ That the school hours for tho various schools mentioned hereunder 'shall, on four days in each week, bo five hours a day, namely, from 9 to 12 in the forenoon, and from 1.15 to 3.15 in tho afternoon, and on tho fifth day four and a half hours, namely, from 9.30 to 12 in the forenoon and from 1.1" to 3.15 in tho afternoon. Such lastmentioned day shall be for each week in, each such school the day of tho week written opposite the name of such school hereunder; District High School, Tuesdays: Queen’s Park School and the Infants’ and Gonville Schools, Wednesdays; St. John’s School, Thursdays. And that tills resolution shall oa-rao into effect’as from January 27tb, 1908.” A copy of this resolution was handed to tho defendant, Henry Marriott Payne, by tho secretary to the School Committee, and he was instructed to obey it. On December 14th, 1907, the Education Board instructed Mr Payne not to alter the school hours then existing in the Queen’s Park School, and not to obey the plaintiffs’ instructions. Thereupon Mr Payne refused to alter the school hours as directed by plaintiff’s resolution. and had not obeyed these instructions. The plaintiffs consequently claimed an injunction to restrain defendant Board from over-ruling their decision as to the school hours in Queen’s Park School, or from preventing or forbidding Mr Payne from obeying plaintiffs’ Plaintiffs also claimed an order enjoining Mr Payne to obey the Board’s instructions.

The defence was that on February 16th, 1903, the defendant Board by resolution approved and adopted a number of regulations concerning inter alia the general supervision and control of schools in the Wanganui Education District and in particular tho following regulation:— “Length of school day. The teaching in all schools whether Board’s school or aided schools shall ho for five hours daily during five days in the week in all the standard classes, but that to the preparatory classes need not exceed four hours daily.” The- plaintiff Board’s obfect In passing* this resolution referred to in the statement of claim was by curtailing the hours of secular instruction to. allow of religious instruction during the five hours fixed by the Education Board for secular instruction, and in exorcise of its general supervision and con-

trol of education the defendant Board declined to permit this curtailment and forbade Mr Payne to obey tlio plaintiff’s resolution. His Honor_ -Mr justice Cooper at the hearing of tlio case said he had a bare legal question to determine "whether the committee or the Board was the para- ; mount authority. In his opinion that question could only have one answer, namely that the Board had the legal right to supervise and control educational matters within its district arid therefore that the Board had the right tr. overrule the instructions given by the committee to the head teacher. The Board having refused to ratify those instructions and having overruled them, had acted within its legal j powers, and the motion for an injunc- j tion and mandamus was dismissed and) judgment given for tlio defendant I Education Board with £lO 10s costs und Court fees. Against this decision | the committee now appealed, _ | Mr Myers said the neat point for the consideration of tho Court of Appeal was whether tho Education Board in whose district a school was situated, or tho committee of that school, had tho right to proscribe the school hours and the time-table of instruction. Mr

Justice Cooper had held that schdol committees did not hare that power owing to the provisions of sub-section two of section one hundred and twentyfour of tho Education Act, which reads as follows;—“Subject to the general supordsi'on:.and control of tho,. Board and to inspection by an inspector as herein provided, the committee shall have the management of educational matters within the school dis-. triot.” Mr Myers contended that so long as tho committee kept within the terms of section one hundred and, thirty-five of the Act they had tho : power to fix the school hours, it being one of .the educational matters which, it was their duty to administer, and therefore the judgment of the Court I below should be reversed. Argument was not concluded when the Court adjourned for the da^.

UAGISTBATES’ JURISDICTION

(Before Mr W. G. Riddell, S.M.) .Basil Gordon Armitage McElwain pleaded guilty to two charges of petty theft. He was convicted and ordered to come up for sentence when called upon. Mr P. Jackson appeared for the accused. Charles Bove pleaded guilty to theft of 10s in money, tho property of James Godber. Sub-Inspector OtDonovan Explained that the money had been obtained from a shop-assistant by means of tho trick known as “ ringing the changes.” T.-ovo -was sent to gaol for threo months. Of the money found on hint in 'the police station, 10s, was ordered to be refunded to Mar Godber.

Franklin Halso Kenworthy pleaded guilty to obtaining money by fraudulently representing himself to be an agent of the Discharged Prisoners’ Aid Society. He was sent to gaol for one month.

George Leach pleaded guilty to disobeying a maintenance order for the support of his wife, and was sentenced to six months’ imprisonment. Andrew Clark, on a similar charge, was remanded to- appear at Christchurch the following day. William King pleaded not guilty io a charge of failing to provide for his illegitimate child. After a partial hearing the oase was adjourned in order to allow 'medical evidence to bo taken. Mr P. Jackson appeared for the complainant, and Mr McGrath fothe ■ defendant. John McCormack was charged on remand with breaking and entering the dwelling of A. W. Harrison (tho Palace Hotel) and with stealing therefrom two rings. The accused pleaded guilty,

and was remanded to tho Supremo Court for sentence. CIVIL BUSINESS. (Before Mr W. G. Riddell, S.M.) F. D. Frank, proprietor of tho Tosca Photographic Studios (Mr O’Leary) sued Sirs Thoms (Mr Richmond) for tlio sum of £4 15s Od, due for photographs. Tho defendant admitted that sho owed £1 3s for photographs of a child, but stated that the remainder of tho claim ivas for photographs ordered on .approval, of which she had not taken delivery. His Worship hold that all the photographs had been or dorcd, and‘gave judgment ror the amount claimed, with costs, £-. Is*