SUPREME COURT.

Otago Daily Times, Issue 13862, 27 March 1907, Page 3

SUPREME COURT.

IX CHAMBERS. TUKSDAY, MaBCII 26.

(Before his Honor Air Justice Williams) Probates Granted.—He Elizabeth Drumroond, defeased (Mr Allan), re William Junics Pearco, dcccised (Mr Wilkinson), and re Margaret Hamilton, deceased (Mr Gallaway). Letters ot ndministrntion wcro granted in (he estates of Itobcrt Marshall, decea-scd JMr Slewatl), unit Mary Nichols, deceased {Mr D. lioid. Jim). Ko Hioliard Leon, deceased (Mr D. Bold, jun)—Motion for remuneration, with registrar's rc[Oit— Report confumed; remuneration accordingly. In tho matter of "The Leases and Sales of Settled Estates Act, 1865," and m tho matter of tho oshlo of Charles W. Kerr, deceased (Mr Webb).—Motion for directions etc.—One insertion in. Otago Daily Tune's and Evening Star; consents dispensed with as usked for , Rj "Tho Testators Family Maintenance Act, 1003," and ic Francis Cha«o (deceased), Chaso v. the Pub'ic Trustco (Mr Moore).— Originating swinmcns for order for provision out of estate — Ordor by consul as drafted. Re (ho Fisheries Act —Writ of prohibition to restrain informant Beck and 11. Y. AViddowwn, S M., fiom proceeding on a, conuchon against one ]?, W. Lesbo for a breach of the fishing regulations—Mr B. S. lrivjii appeared on behalf of Leslie, and argued that by tho act of 1831 tho 168-4 act vus, so far as it related to sea. fishing repealed. Sea fishing meant fishing m salt or brackish tidal -waters and other watcri on tho const. The waters m question (Water of J/Cith mouth) were brackish, and his Excellency had not tho power (o make regulations under the ISSI act prohibiting fishing m such \vator An attempt »k made by the 100G act to' validate these regulations, but that not simply re-enacted tho definition of the word " waters" as it appeared boforo "Tlio Statutes Repealing Act. 1902" Tho 1804 act had taken amfy the Governor's power.—Mr W. C. MacGrogor, -who appeared for tho Ot»go Acclimatisation Society, servant Deck was, admitted that 'ho act of 18S1 was repealed by the act of ISM so far us it reMed to sea fi»hing, but thcro was nothing there to say tho definition of "waters" should not remain m tho 1884 net ns it existed in section 1 of (hat act. Whether or not the act of IRB4 is as repealed in its entirely there was no expressed repeal oi Die definition of "wateis" until the act of 100-2 If that were «o the definition of "waters" was re-enacted by the act of 1005, and remained identical with tho definition of ISS4—His Honor lesened his decision.