SUPREME COURT.

Dominion, Volume 6, Issue 1598, 15 November 1912, Page 9

SUPREME COURT.

CASE OF WILLIAM KNOX. FIVE YEARS' IMPRISONMENT. Two prisoners came up for sentence before the Chief Justice (Sir Eobert Stout) in tho Supreme Court yesterday morning. Jlr. H. H. Ostler, of tho Crown Law Oftic*, represented the Crown. William Knox was first, sentenced. On Tuesday Inst he hud been found guilty of performing illegal operations on ti girl nineteen years of age. Mr. T. Jr. Wilford and Mr. W. IVrry appeared for, tho prisoner, and called three witnesses to. testify that ICnox hod been industrious, and had previously been of good charnoter. Mr. Wilfnrd urged that the previous good character of the prisoner should now bo taken into consideratioh. • Tho evidence had ••logntlvctl the theory that tho Etisoner had commit-

ted the offence to obtain wealth. His motive was apparently to assist. Kivos was a married man with two children. Mr. Ostler, in reply to a question by his Honour, stated that ho had been instructed to enter a npllo prosoqui in the other caso against Knoi (the tf.se in which two juries had disagreed). • His Honour said that since the conviction he had made investigation t<. sei; what was the lowest penalty Uiat could ba given in a case of this character, and he found that both in Auckland and Christchuvch the sentences had been higher than he now intended to ?ive. His reason for .inflicting a low penalty was that there was no evidence that pusoner had been doing this sort uf ihmg in a systematic manner. Sumo git's apparently thought that it was more fjiamtfttl to have a child than to undergo this operation. That, of course, was utterly wrong. The Legislature had tlumcht so badly of this crime that it had provided that an offender might be sentenced for life. In the present caso the prisoner would be sentenced to five years' imprisonment with hard labour. ' ADMITTED TO PROBATION.'. A'MAORI'S FIRST LAPSE. A Native, named John Korako Rini, was brought forward for sentence' o;i a charge of forgery. Be was udt rejirer sented by counsel, and had nothing to say why sentence of the Court should nqt be passed. His Honour said that,- from the rqiort of the detective-sergeant at \Vangansii, this was the prisoner's first conviction for dishonesty, and it was apparently on account of drink that he was in trouble. Ho would be granted probation for twelve months, but it would be on strict conditions. During the term of his pr-jßation he must not visit any hotel or take any liquor.- .'.'.' • ; DECLARATORY JUDGMENT. . POWERS OP A COMPANt. In the Supreme Court a'decision of Mr. Justice Sim has just been filed on an interesting question in company Iw, The parties concerned were the Cheltenham Dairy Co., Ltd,, plaintiffs, and James , Michie,. .farmer, of Feilding, de-. fendant. Mr. C. B. Morison appeared for the company, while Mr. A. W. Blair ap; pcared for Michie. The.action was in the fprnvof all originating summons asking for a declaratory judgment as.to whether the company had in its memorandum of association implied power to sell lands which were sot- required for its business. The articles dealt with minor matters, and expressly,; empowered the company to keep pigs, but there was no direct authority to sell land. The company'was desirous of Felling"its branch creameries, ■ r His Honour, in giving judgment, stated that the rule established by the cases on the subject was that a company (unless expressly • prohibited) was to be regarded as having power to do anything that can be fairly regarded as incidental to. its objocts as denned bv its memorandum of association. According to this rule, the company had power to sell tile lands, and an order would be made accordingly.