LAW REPORTS.

Dominion, Volume 2, Issue 572, 29 July 1909, Page 9

LAW REPORTS.

SUPREME COURT. , AT THE CHATHAMS. \ ' The'chims of tno Nativesm regard to the j titlo and csccup-tion of a< picco of land at j tho CMatbam Iclands \v>io discussed before I his lionoui Mr Justice Cooper in Banco jeotorday moruin™ In stating tho facts of the case, Mr J. ' M'Lean (counccl for the appellant) said that i befp're Mr. G H Gibson, SM , proceedings \ had 'been taken on August 18, 1908, by flinch Pinpi Niho couglit to lccovei pocses- ( Bion of land at Kawhata from Tamilian", i Hoil,' together with '£50 damages foi al- ■ loged illsgal occupation Hcta bad claimed p&SSMSion, bvit v,ss not allowed to give evidence as to his title at the sitting of the I Magistrate's Couit at "Waitiugi, ' Chatham I Islands Defendant also, assorted that no f notice i\as given him/to quit tho land, ami etated that tho magistrate decided that an order of tl-o Nativo Land Court produced' bj ,tho plaintiff" was conclusive evidence of title to the land Ho ac- , cordingl} gaio judgment for tho phintiff for ' recover jot i-osccssion, foi £G 10s 6d dam- , pees, and toi -£4 costs' Dofenflant now r rioverl for a wrjt'removing tho'action into tlio,Suprciro Court with a view to having this judgment quashed, on the ground that it wa3 given without jurisdiction or autbor- ' ' lty. It was contended that tho magistrate exceeded his jurisdiction when he took upon himself, to decide tho question of titlo' Mr A Blair (jU) appeared for the re- . spondent, Pinpi Niho), said that, at t!io I heanhg in fhe Magistntc's Court, tho defendant (now appellant) had boon sworn, J and was permitted to givp evidence As for the nbtico to quit, a letter was sent to the defendant commanding him to removo bis sheep from the land. i ' His Honour considered, that sufficient no- , tico to quit had been given, notwithstanding that it was not couched in technical terms / Tho notice, being interpreted, road "To ' Tamihana Heta. Friend Tamihana, Haw aruwani: This is a word (message) fioin s mo that jou shall proceed and lomove all vour ' 6hces running at Kamhatk, at once, within . a week from this date Fiom mo, I'iripi , The case v-as allowed to stand over, in OTdor,that additional affidivits, including that of the magistrate, might be filed His , Honour that he had not sufficient material on which to sav whethor justice had been done "to the defendant in the Lower Court or not* It_ was desirable, his Honour continued, to avoid any suggestion that ono of the Maori parties had not been heard in an English Court Apparently that was tho 1 grievance in this case PENGUIN'WRECK AND COMPENSATION. ' - A CLAIM FROM IRELAND In applying to his Honour Mr Justico < Cooper for a day of lioaiing for the case, Margaret Kaffeity v tho Union Steam Ship ' Company, Mr. P. J O'Kogan (for the plaintiff) said that this was an action for damages, under the Deaths by Accidents Compensation Act Tho son, upon whom tho plairitiff depended for her livelihood, i\as a t Ecamas, and had been drowned in the -nreck of the steamer Penguin at Terawhiti Tho plaintiff, who resided at Nowry, Ireland, was debarred from'claiming compensation under the Workers' Compensation Act, 1908, < becaiiso'of the provisions ie--1 Btricted the right of claiming compensation to,personsidomiciled or resident in the Do- , minion The defendant company |had informed him that, if it waa satisfied that a person domiciled outside New Zealand could l _ maintain an action unddr the Deaths by Accidents Compensation Act, a settlement might bo discussed Proceedings nere therefore being taken under the Declaratory Judgments Act to , havo the point decided in 1 the-9upremo Court. u His Honour. Recent authorities are in your'fayour, ?Jr. O'Regan. " " v After communicating counsel' for the other'side, Mr OUle'J.aii; intimated-to the Court tnat negotiations* 'ttere'ribr'prcceeclm% wh;ch might obviate'the necessity of bringing the caeo into Court. tf ' WORKERS , CoWeNSATIOn' RIGHTS. A "FRIENPLYV, 'ACTION. Mention was also made by Mr. P. J. O'Regan of the case, AValter Denton Rough, joiner, v.' Prouse Lumber, Ltd. Counsel explained that this was a friendly action, in which the Ocean Accident Guarantee Corporation wore the leal defendants. It was a test ease, under f tho Declaratory .Judgments , ActJ ,to decide the ratio of compensation payable to worker's injured at , their employ- * ment Tho.plaintiff had'had the little finger , of his right handi severed r in his emplojer's niacninery, and Hie third fiuger nas also seriously injured. The points in dispute aroso out of the second schedule of the Workers' Compensation Act of last j ear, and a good deal 'hinged on , the meaning of the words "full compensation." The plainItiff contended that he was entitled to tho amount "'prescribed by the Echedulo \nt-hout i any deduction for discount <. His' Honour Mr. Justico Cooper agreed to hear'the on Monday next, after the bankruptcy sittings, provided that this did not interfere' with the Appeal Court sessions <- ,