SUPREME COURT.

Dominion, Volume 4, Issue 1205, 14 August 1911, Page 5

SUPREME COURT.

«. ■ WANGANUI RACECOURSE.' THE TRUSTEES. In the Supreme Court on Saturday morning the Chief Justice (Sir Robert Stout) delivered ]Udgraenl. in connection with the application under the ]>claratorv .ludguient Act, 1908, for an order declaring whether, upon the true construe; tinn of the Wanganui and Rangitikci Racecourse -Act, 18U2, the trustees for the Wangamii Racecourse should ho weete-a in manner provided by Clause 2 ot uiar. Act ' The applicant, was Charles Evan Mackav, solicitor, of Wanganni, a General elector lor the Wanganni district, and the respondents were the trustees of the racecourse, and the AttorneyGeneral. Mr. A. Dunn appeared for Hie applicant, Mr. Martin Chapman, k.C, with him Mr. S. A. Atkinson, for the trustees and Mr. .1. W. Salmond (Solici-tor-General) represented the AttorneyGeneral. • ' . . , The Act. that was cited is a provincial enactment, and, under it, the- Governor, as representative of the superintendent of the province, appoints the trustee. The action was to determine whether or not there was a right of election by some persons—whether by the electors of the old Wanganui and itangitikei districts under the provincial divisions or, as an alternative, by the present electors of the Wanganui and Kangitikei electoral districts. His Honour, in dismissing the summon?, held that the trustees were properly appointed, and that there was no reason lo disturb their appointment. Costs, £C fi?., were allowed to the trustee;, and i's as. to the Solicitor-General. STAY OF EXECUTION WANTED. ALLEGED TRESPASS. Mr. .luslice Him, sitting in Chamber?, heard an application by Pauro Marino to stay execution upon an,order made for the'issue of an injunction restraining him from trtespassing on certain land at Wangamii, known as Morikau No. 1. On June 28, the Aotea District Maori Land Board brought an action against Pauro for an injunction to prevent him from trespassing • on. the board's land. Judgment was then given in favour of the board, and defendant lodged notice of appeal. In the meantime he asked for the stay of execution. Mr. G. Hutchison, of Wanganui, appeared for Pauro, and Mr. T. Neave for the Aotea District Maori Land Board. Mr. Neave raised opposition to the application on tlie ground that defendant was a. trespasser, and was interfering wjlh the farming operations of the board and, further, that the board had offered accommodation for his stock on land near by, and that no injury could result to the defendant if he were required to move slock for the time being. His Honour was of opinion that the application should be refused, but proceedings would be adjourned until next Saturday morning to enable the defendant to accept the board's offer. If he did not accept this offer, his application for a stay would then bs dismissed. CRIMINAL. ADDITIONAL LIST OF CASES. The criminal sittings of the Supreme Court, which open this morning, will l>o presided over by Mr. Justice Chapman for the first week, and afterwards, by Mr. Justice Sim. In addition to tho list published last week, the following casts are set down for «»ial: — William Lyndhurst, alleged assault and robbery. Alfred Ernest Knoble (1) alleged administration of noxious drug; and (2) alleged carnal knowledge. Edward Reynolds , , alleged use of instrument for unlawful purpose. Annio Petersen, alleged use of instrument for unlawful purpose.