SUPREME COURT.—IN BANCO.

Auckland Star, Volume IV, Issue 1205, 3 December 1873, Page 3

SUPREME COURT.—IN BANCO.

* THIS DAY. (Before his Honor the Chief Justice.) SARtfEANT V. UTtOGDEN AND SONS. In this case Mr MacCormick applied that the rule obtained in this case to set aside the action should be made absolute. There was no opposition to the application, which was granted accordingly. HARRIS V. J. S. MACFARLANE. ]VlrHesketh moved the Court to dissolve an injunction obtained in this case to restrain defendent from floating {logs down the Waitekauri stream near the Wangapoa saws nri'ls. The affidavit set forth that the Superintendent had granted a license to the clefendent under the Timber Flotage Act to float log 3 down the Waitekauri strem. In consequence of the Act of legislature, passed after . the injunction whs granted, the reason for which it was granted was done away with. Mr Hesketh now applied for that the injunction should be dissolved in order thatdefendent should enjoy the benefit of the license which he had obtained. The right granted to Mr Macfarlane was subject to the condition that the owners of the adjoining block should also have the use of the stream ; and that its use for gold mining purposes should not be interfered with. Under the Timber Floatage Act the defendant clearly had the right to do that which the injunction prohibited his doing. He (Mr Hesketh) submitted that if there was not sufficient water to float the timber, defendant would be entitled to use artificial means to obtain it. The owners of the banks on either side of the stream were amply protected under the Act; and in the event of damage being done, had their remedy in the Magistrate's Court as provided, lie (Mr Hesketh) submitted that the iujunction should be dissolved, the terms of the order being such as the Court may think fit. Mr Reea then addressed the Court on the other side, observing that it looked as if this Timber Floatrge Act was passed in order to meet the particular case of Harris and Macfarlane. The power of what is called "driving" logs was never contemplated by the Act so that by darning up the water the rights of the riparian proprietors should be injured. The injunction, he submitted, should not be dissolved. All that the license granted by the Superintendent under the act provided was the power to raft or float logs down the stream in its ordinary course. The only modification of the injunction which should be allowed should go to that extent and no further. In this country many streams flowing from timber forests to the seapassed through the property of private owners, and the Act was passed to prevent any owner from stopping anything from being floated or rafted through his property. No such powers were conferred by the Act ass those contended for on the other side, and no good result could follow from the dissolution of the injunction. Mr Hesketh having replied, his Honor gave judgment that he could not wholly dissolve the injunction, but it might be modified, so as to allow logs to be floated or rafted down the Waitekouri stream,' an order to which effect would be made. LEWIS V. MACFAKLANF. An application by Mr Rees to make a judge's order in this case a rule ofjjCourt was granted. LAW PRACTITIONERS ACT. —J. RICHMOND V. X. CRAIG. In this case a rule of attachment had been obtained against Mr J. Richmond, solicitor, based on affidavits imputing improper conduct in filing a proof of a debt of £900 of Mr Burtt against Craig's estate. Mr Gillies appeared for Mr Richmond and Mr Rees "in support of the rule. Mr Gillies addressed the Court, observing that the imputations against Mr Richmond were unfounded, and that the affidavits showed a strong personal animus against him which would justify an action for libel. Such expressions were used as this : That Mr Richmond was one who had joined in a conspiracy to ruin Mr Craig and others, and altogether unjustifiable statements were made respecting Mr Richmond's conduct. The learned counsel was addressing the Court when our reporter left at three o'clock, and it was expected that the case would last for some time. . ,