SUPREME COURT.

South Canterbury Times, Issue 2892, 15 September 1900, Page 4

SUPREME COURT.

The following is a list of cases to come before the Supreme Court at Timaru next Tuesday:

CRIMINAL,

Regina v. Mills and Millington, sheepstealing (Fitzgerald’s case and Pringle’s case), Timaru.

Regina v. Ferguson, embezzlement, three charges, Geraldine. Regina v. Grant and Levens, breaking and entering and theft at Temuka railway station.

Regina v. Wixon, breaking and entering and theft. Regina v. Stevens, embezzlement from the Ashburton Permanent Building and Investment Society, several charges. CIVIL CASE. Commissioner of Crown Lands v. Angland, claim £2OO damages. Mr White for plaintiff, Messrs Perry, Perry and Kinnerney for defendant. PROBATE. Mr White will apply for probate in estate of the late J. Elder. Per Press Association. AUCKLAND, September 14. In the Supreme Court today, the Commissioner of Crown Lands asked for a writ of injunction, restraining the Taupiri Coal Mines Company from mining underneath the Waikato river at Huntley for coal, plaintiff claiming that the Crown had a right to the bed of the river. Formal evidence was 1 taken as to the navigability of the river, and then, by consent, an order was made removing the case into the Court of Appeal, where the question of the right of the Crown to the beds of the rivers of the colony will be argued. NAPIER, September 14. At the Supreme Court to-day Mr Justice Edwards granted a decree nisi in the divorce suit Gertrude Ross v. George Hammond Ross, on the grounds of cruelty and adultery; and an Henry Thomas v. Elizabeth Thomas, for desertion. The defendant in the libel case Pilcher v. “Telegraph,” in which the jury gave a verdict for £3OO, has filed a notice applying for a non-suit or a new trial. The application will be heard in Wellington next Wednesday; WELLINGTON, September 14. In the Supreme Court this afterneon, the Chief Justice gave judgment in the case of J. B. Coates, receiver for the Midland Railway Company, versus Cotterell and Harris, of Christchurch. The

latter were trustees of certain funds belonging to the Midland Railway Company, and refused to hand them over to Mr Coates, claiming the funds as their own. The main grounds of the action were contested by defendants, but Mr Cotterill set up the rights of Mr Young, the English receiver, which he contended should be reserved. Certain questions of costs were also dealt with, but the Chief Justice decided that Mr Young could not be recognised in these Courts, and had no status here, and that Mr Coates was entitled to the money with no reservation. His Honour mode an order as to payment of costs. DUNEDIN, September 14. Mr Justice Williams gave his decision to-day in that portion of the case of Aitchison v. Kaitangata Railway and Coal Company which was before him. The defendant company did not keep proper books and checks for the entry of all coal mined from plaintiff’s land, and large quantities of coal had been mined and carried away in respect of which royalty should have been but was not paid. It is, therefore, adjudged that an inquiry be made as to the coal mined, carried away, and sold, from 1893 to August, 1898, the defendant company to be treated on a footing of being accountable for all coal gotten and sold except what shall prove to have been gotten from land other than Aitchison’s ; and an account of sums due for royalty and interest, the defendant company to pay the costs of the present action.