SUPREME COURT.

Dominion, Volume 5, Issue 1450, 27 May 1912, Page 3

SUPREME COURT.

row MRS I'OR BORROWING. OPINION ASKED. In the Supreme Court on Saturday, in a matter in which the Gisborne Borough Council were plaintiffs and the A.M.!'. .Society defendants, the parties asked for a declaratory judgment on the following questions:— 1. 31 as the plaintiff power under Section •1 of the Local Bodies' Loans Act, IMS, or othorwi-e, to borrow moneys for the purpose of carrying out works which it is authorised and empowered by statute to construct, although such works may not be expressly authorised to he constructed out ot borrowed money? '2. Is the plaintiff authorised or empowered by the Local Bodies' Loans Act, 190S, or any other statute, to raise a special loan, or special loans, for specified work?, all of which tho plaintiff has statutory authority and power to construct? 3. Can the defendant safely lend sums amounting to .£35,000 to the plaintiff, together with 10 per cent, on a loan already raised, for the purpose of carrying out the specified works? His Honour Mr. Justice Cooper was on Ihe bench. Mr. M. Myers appeared for tiic plaintiffs, and Mr. Martin Chapman, K.C., with liim Mr. H. Buddie, for the defendant. ltis Honour's decision is to be given this morning. PRISONERS DEALT WITH. FOB DEFECTIVES. NEW PROVISIONS EXERCISED. Three prisoners appeared before Mr. Justice Chapman to be sentenced. Mr. H. 11. Ostler represented the Crown. NEW HE AKIN G. Alfred Nelson was brought forward concerning a charge of indecency. Prisoner had pleaded guilty in the lower Court, but his Honour decided to exercise the provisions of Section 33 of the Mental Defectives Act, which Scction reads: "If any person indicted for any offence pleads guilty upon his arraignment, or if any person is committed to the Supreme Court for sentence on a plea of guilty, and it appears to the Court from the depositions, c.r otherwise, that there is evidence that he was insane at tho time of the alleged offence, the Court may, if it thinks fit, direct that a plea of not guilty sliali be recorded instead of a plea of guilty,,and thereupon the trial shall proceed'in like manner as if he had pleaded not guiltv in due course of law." His Honour ordered that the prisoner should be detained,\and that he should be tried at the nest criminal sessions. BETTER UNDER RESTRAINT. Forgerv and uttering and theft were counts against James Madigan, alias Ashfcy. Prisoner said that drink had been his trouble. His Honour remarked that was what he often heard in these cases. _ Mr. Ostler stated that Madigan had been previously convicted of theft, but had been clear of the Court for five years. His Honour considered that It would be well to place prisoner under restraint. He sentenced him to six months' imprisonment and three years' reformative treatment. MAORI ON PROBATION. Sam Jury, a Maori boy of 18 years, appeared for having committed forgery. Mr. A. AV. Blair spoke on prisoner's behalf. He said that the youth .had not had the care of a mother since liis very early childhood. The circumstances of Un? offence were that Jury had found n cheque on a road, and had afterward: cashed it. The amount of the eliennc f.£T !)s.) and the costs of the prosecution would be made good. Mr. Ostler said that the police report was favourable to tho prisoner. His Honour admitted prisoner to three years' probation, and ordered restitution to l>e made and the costs (X 2 25.) to be paid. IN DIVORCE. An application by John M'Vieker for divorce from Emily Sarah MTieker was heard before tho Chief Justice (Sir Robert Stout). The petitioner did not appear, and evidence was given by tho respondent, wlio was represented by Mr. G. Samuel. In her evidence respondent denied the allegations which had been made against her, and she alleged that petitioner had deserved her thirteen weeks after their marriage, which had taken place at Paliiatua in ISO!). Mr. Samuel asked the Court to grant the relief (dissolution) which respondent aske 1 f"r in her answer to the petition. His Honour granted a decree nisi on the application of the respondent.