MASTERTON DISTRICT COURT.

Wairarapa Daily Times, Volume XXVIII, Issue 7828, 22 August 1904, Page 5

MASTERTON DISTRICT COURT.

(Before His Honor Judge Ward)

PKRUY V. P.OROUGH COUNCIL. In tho Matiterton District Court, this morning, before His Honor Judge Ward, the first case called on was that of Walter Perry v. the Masterton Borough Council. Mr P. L. Hollings, who appeared for plaintiff, stated that a settlement had been arrived at between the parties, by which plaintiff accepted £212, without costs. Judgment was therefore entered up for that amount. CHARGE OF ALLEGED FRAUD. Archie Arthur Colin Stewart was charged with having defrauded the N.Z. Loan and Mercantile Agency Company by selling certain stock over which the Company held instruments of security. Mr C. A. Pownall appeared for the prosecuting Company, and Mr A. L. Herdman (instructed by Mr W. G. Beard) for the defendant. Before the accused was called upon to plead, Mr Herdman took exception to tho form of indictment, which, ho held, was void. He stated the grounds upon which ho based his contentions. The indictment had been signed by a private individual, whereas it should have been signed by the Attorney-General of the Colony or the Crown Prosecutor of tho district. The indictment was signed by counsel appearing for tho prosecution. Mr Pownall submitted that tho indictment was in order, and quoted authorities in support of his contention. His Honour held that the indictment was irregular, as a solicitor had no power to sign an indictment on behalf of a client. The indictment should be signed by tho Attorney General, the Crown Prosecutor for tho district, or an agent of the prosecuting party. Tho proceedings would have to be taken de novo. The jurymen in attendance were then discharged. APPLICATIONS FOR PROBATE. Probate was granted in the estate of Thos. Rae, on tho application of Mr Pownall. Also in tho estates of Mary Witt and William Shepherd. ORDERS OF DISCHARGE GRANTED. Orders of discharge from bankruptcy were granted to William Smith (Carterton) and Earnest Dockery (Carterton). The Court then adjourned.