SUPREME COURT.—In Banco.

Auckland Star, Volume II, Issue 380, 29 March 1871, Page 2

SUPREME COURT.—In Banco.

WEDNESDAY, MAECH 29.

[Before His Honor Sir. G-. A. Arney, Knight, Chief Justice.] His Honob sat to-day in banco, and disposed of the following business :—

Mohi Mahoahakia t. Ceaig-. — Judgment. —Mr. MacCormick appeared for the plaintiff, Mr. Hesketh for the defendant.— His Honor delivered judgment upon demurrer in this case. The action was brought to recover compensation in damages for trespass from the defendant. The declaration contained two counts, setting out that the defendant did, on divers days between the Ist of December, 1867, and the 18th May, 1870, go upon the plaintiff's land, and wrongfully cut down trees thereon, and did commit various wrongful acts. The second count alleged that on divers occasions, between the Ist of January, 1870, and the 28th January, 1870, did take and carry away, and convert to his own use, various timber logs, from a block of land, known as the Opitonui.—His Honor delivered a very elaborate judgment, setting out the allegations of the declaration and the averments of the pleadings. He gave judgment for the plaintiff on both demurrers. The first was a demurrer to the defendant's plea, and the second to the plaintiff's replication.—Mr. Hesketh applied for leave to amend the defendant's third plea.—Mr. MacCormick objected upon the ground that it'

I leave were given indiscriminately to amend '• the case, plaintiff might bo thrown over i indefinitely. Leave wa given to amend on payment o*f (O3fc3. —Mr. Hesketh asked leave to amend generally. —His Honor said he would sit on Friday, when the application might be renewed. Habms y. Craig.—This was a motion by the defendant to ma!re absolute a rule nhi for the discharge of injunction obtained by the plaintiff', and the appointment of a receiver of the property referred to in tke above action, namely, the timber logs. The plaintiff is the person in possession of the property. The declaration set out the fuels of the " famous siege of logs," and recited the fears of the defendant that the property might be carried out to sea.—His Honor : This gentleman opens a new phase in the litigation. There is no knowing whaf. other questions may not arise. It is difficult to say that even the jurisdiction of the Court, as a Court of Vice-Admiralty, niuy not be moved, should these logs go to tea, and so become property on the high seas.— Mr. MaeCorujick read the affidavit of Mr. Harris, jun., which stated, omong other thing?, that it was impossible the logs could be washed out to sea. A rule had been already iv the case, and the order wa9 to the effect that the matter bo referred to the Registrar, who would take security for the costs, and against injury to the plaintiff, in the event of the result of the action being in his favor. The order then made was still in force. There had been uo less thnn five applications to the Court, and some of these weie identical with the present, so that the question had been adjudicated. He subniiited whether the Court had power to entertain the application. But the injunction was obtained to prevent the defendant repeating wrongful acts and trespasses already committed, lie contended that there was no ground for appealing to the equity jurisdiction of the Court.—Mr. Hesketh was heari in support of the rule.