SUPREME COURT.

Dominion, Volume 5, Issue 1377, 1 March 1912, Page 3

SUPREME COURT.

SOME MAHUrUKU LANDS. The law pertaining to the leasing ot Native lands was argued exhaustively Ijp. fore his Honour thu Chief Justice yesterday in the action Martha M'Gregor (ncn Martha Mahupnku), of Cireytowii, v. tli6 District Laiwl Kegistrar, Wellington, and Williiun Harris and Thomas Harris, of Martiiibormijh. shciMifarincrs. ,Jlr. C. P. Slcerrett, K.G., with him Mr. F. K. Ward, appeared for the plaintifl', mid .Ur. 11. J). Ml, with him Mr. C. B. Morison, for the defendants Harris. The District Land Kegistrar was.riot repro SDlltlid. The action was to test tlio validity of a lease of liUiil acre* of bull, known as the Agawakaakupe Uloclt by two Natives, ono of whom «-ns .Martha .Mahupulcu's father, to the defendants Karris, as nominees of their father. The transaction was first entered upon in 1893, the leases to commence in futuro, and it ivas confirmed by I lie Native Lam'. Court in 11)01, when plaintilf was fourteen years of age. It wn.i contended on various grounds that this confirmation of the lea.so was bad. It was argued that the Court had no power tn conlirm a len?c after tho grantor was drad, and that there hiul been wrongful collusion about tho agreement to confirm tli« lease. 'J'lie evidence was hoard a fortnight ago. and legal argument, only remained to ha takeu yesterday. The argument ivus not

ccdeluded v<lien the Court rose, and it will be resumed this morning. TRUSTS I"NDF.n WILL. A -omewhut linu-ual action by originaling summons was heard by Mr. Justice Sim yc-terday. The parties were: Duncan Ilpiiry M'Gregor ami John Edward Gentles, both of Johariuesbur,', plaintiffs, and the Public Trustee, defendant. The proceeding was to set a«ido a forfeiture. Mr. C. 11. Treadwell appeared for plaintiffs, and Mr. J. AV. Maedonald for the Public Trustee. The Public Trustee, it was stated, is tho trustee of the 1 rii-ts under the will of Daniel M'Gre-ror (father of D. H. M'Grfgor), who died in February, 18!)0. The will provided that one-seventh of the residue was to be held for I). ][. M'Uri'gor, and the income paid to him during his life, or until ho should become a bankrupt, or assign, charge, or encumber the income or some part of it, or do, or suffer something whereby it, or some part thereof, might, if belonging, absolutely to him, become vested in or payable to some other parson or persons. After the trust was determined them was a gift over.

M'Gregor borrowed £TJ from Gentles oil October 18, 1911, and by deed of cession, assigned his future year's income as security. The deed was forwarded lo New Zealand for registration with the Public Trustee, but recognition was refused, on the irromul that M'Gregor bad no power to ileal with the income, and by an assignment or encumbrance of some part of the income ho risked :i forfeiture, and therefore M'Gregor had no further claim to fclw iitcuiw;. Plaintiffs agreed to treat the deed as inoperative, and asked the Public Trustee not. tn act upon it. It was contended that this cancellation was too late, and the gift over must take effect. Plaintiffs wore that they were unaware of the provisions of the .will, but affidavit? filed by the defence went to show that sonic years ago M'Gregor, in correspondence with tho Public Trust Office, admitted a knowledge of its provisions, and took legal advice on them. Plaintiffs asked for an order determining the question whether there had been a forfeiture. Decision was reserved. TRUSTEES TO FILE ACCOUNTS. The Chief 'Justice heard argument yesterday in an originating summons in re tho estate of Anno May Carter, of Duneilin, widow, diseased. The naintilT in the action was Bertram Murray, of Sydney, financial agent, and the defendants were John H. Carter, of Wellington, aud Joseph Charles Carter, of Tnvercargill, mercer. ' Mr. A. H. Bamett appeared for the plaintiff, and Mr. E. C. Lovvey for the defendants. Under the will of tho lalo Mr;. Carter, Jeannette Harding, nee Carter, was to receive J3OO, payable in instalments. Certain sums had been paid out of the legacy, and Mrs. Harding had assigned the balance to the plaintiff. By the action plaintiff sought to obtain it statement of accounts from the trustees. ' The Chief Justice, mado an order that the accounts be ; filed in the Supreme Court, but he reserved the question of costs until it was decided whether the application were 'justified or not;

APPEAL DISMISSED. His Honour Mr. Justice .Sim heard the appeal of Charles Frederick William Day, and Willidln Henry Dready, of Blenheim, against'tlibir conviction'by Mr. It. S. i'lorance, S.M., in Juno last, on a charge that : they had stolen an Angora goat, the property of A. C. M'Eae. Mr. G. H. Fell appeared for the appellants, and Mr. H. 11. Ostler for the Crown.

The grounds on which the appeal was based "Wero that the accused were not given the .right of trial by jury, that the Court had no jurisdiction to try them summarily, and that the convictions were joint instead of separate. The appeal was dismissed without costs, costs being refused because when the proceedings were instituted Ike convictions were bad, but they had been afterwards corrected.

TO BE IIEARGUED. Some time ago the Chief Justice (Sir Robert Stout), determining an action between the City Council and the Wellington Hospital and Charitable Aid Board, decided that the board should not pay rates to the city on the lionevolont Institution' property. The- case was mentioned in Court yesterday and his Honour stated that his judgment had been partially based on the idea that no rates had been paid on these institutions for seventeen years, but it appeared that rates had been paid. The case should therefore bo reargued, and to save the cost of an appeal the Full Court could hear the summons. Judgment would therefore be suspended.

Sir. .1. O'Shea appeared for the City Council, and Mr. W. F. Ward for the Hospital Board.

DIVORCE GRANTED. Helen Stewart Goodson petitioned for a dissolution of her marriage with John Alfred Goodson, at present residing at llawcra, on the ground of desertion. The Application was heard by tho Chief Justice (Sir Bohert Stout). Mr. T. S. Wcston. appeared for the petitioner and Mr. P. Levi for (he respondent, who did not oppose tho application: Tho parties were married in January, 18SI5, and there was one child of the marriage barn in 1803. They lived at Ila-wfi-a until October, l'JOl, when the respondent broke up tho home. Petitioner hvod with her mother-in-Uiv.- for a time, and then with her. own mother. Receiving. no support from her husband she worked for her livinsj as an attendant at the Seacliff Mental Hospital, and afterwards, as a shorthand-writer and typist. His Honour granted a decree nisi, to bo made absolute in threo months.