LAW REPORTS.

Dominion, Volume 7, Issue 2119, 9 April 1914, Page 11

LAW REPORTS.

' |||;geouM6p|APPEM||||| ■■' Natives to\the;proceeds;pr:.tl.iofsalo;plV', a piece-of- land at , .Ohau';)'Svasitl.i l o<J.iiisi;!. ■ moss before- .the ; The landl/originall jSbelongod' to" Me ; . ■ ropsi Tima, :: &.Maori''Woman who, "some tiuio be'i'oro her death, became at\ unsound mind, and Ropata .Ranapiri {who was, in Native, custom, \ her husband) was appointed trustee in "Inspect of her interest in this land, -In .May, 1911, Ropata Hanipiri (acting 'as trustee) sold the land for "£1200.'.'4 i His: reason for selJing the section ' was .to provide an income for the maintenance and sup-port-of Meropa Tima,"who. required care, and attention and was''able to do very littlo or nothing for herself.' In her will (made. ■ before the sale) Meropa Tima had bequeathed li&r interest in the property to Ropata Raiiapiri, and his son, Akuhata- Ranapiri, After her death Ropata claimed that, notwithstanding tho sale of the land, the proceeds of the sale were in the nature of a realty and passed to him, and his , son under the will. An originating summons was taken in the Supremo Court to decide this point. The case in the Supremo Court was heard by. His Honour Mr. Justice Chapman, who decided against Ropata liana pin,- remarking that, when the land was soMj it was gone just as if tho owner had converted it into money. "I regret," he added, "to have to come . to this conclusion as it really defeats the last expressed wishes of the testatrisy but I cannot see my way to any other." Ropata Ranapiri anst Ms son appeared yesterday in the Court of Appeal a3 appellants against His Honour's decision. The respondeat in the action i? tho Public Trustee. Mr. C. H. Tr«idWell represented the appellants, and Mr. J. \V. Macdonald the respondent. The Court heard argument and reserved decision, MISSIONS TO SEAMEN CASE. The- Court concluded the Bearing of the appeal mad* by the Public- Trustee ami others against the decision of His Honour tire Chief Justice in the case affecting the control of tho Missions to Ssamen, Wellington. His Honour's judgment permitted a,n amendment of fee declaration of trust in accordance with a wish expressed by the donor of tbo Missions building (Mrs. Mary Ann Williams), which Would result, in effect, ifl the society having to submit tho name of their nominated missioner to. Mrs. Williams and tho other trustees for tlteir approval, and if Mrs. Williams did not approve of tiro missioner whom they appointed, they would have no right to occupy the premises. The appellants were the Attorney-; , General and others, and tho respondent was Mrs. Williams.' Mr- T. F. Martin appeared for the appellants, and Mr. C, )?> Skorre-tt, with him Mr, T. JJe-ave, for tho respondeat.The Court reserved decision, MAGISTRATE'S COURT* FURTHER PHASE OF DELL. CASE. Two persons, concerned ift »• Supreme Court case on Saturday last, in which a. Mother appi'iccfto have her daughteraged 17 years removed front tho house ot a man who was her husband .and the girl's stepfather, formed tlw parties in a ffi.amtonanc-0 case, which was heard in ,tlK> Magistrate's Court yesterday by Mr. D. G. A. Cooper,-S.'M.. Thociisa ■ was one in. which Mary Jaflo Pell claim-' ed maintenance from Arthur Dell. Defendant Dell claimed that coffiphuh■ant had'left him. ''■"-■■. • ' The- Court held that-if complainant had reasonable grounds for leaving defendant that was no defence, and defendant Was ordered to pay 16s, per week maintenance., and solicitor's fee £1 Is. Mr. A. Dunn appeared for plain-' tiff and Mr. J. M'. Dak' for defendant. MISCELLANEOUS. Thomas Docherty. pleaded guilty to, a charge of drunkenness and not guilty to another of vising certain language., oil Lambton Quay. Tho' evidence -of two witnesses was to the effect that the language complained of had.been uscdi Aceased was convicted and discharged on tho first charge and fined £3, with the alternative, of one month's impr rsoninent on the second. Charles Charlwood was remanded till next Wednesday on a charge of stealing about 15ewt. of copper and one drum of tar, valued at £30.65., tho property of the Westpart Coal Company. Bail was allowed in the sum of £28. Sflven first offenders were convicted for insobriety. UPPER HUTT COURT. A sitting of the Upper Hutt Court was held yesterday, Mr. W. G. Iliddcll, ■ S.M., presiding. Cha-s. Huckstep pleaded guilty to using instilling language towards Leonard Joseph Baigettt, but stated that ho was under the influence of liquor. A fine of 205., with costs. 225., in default seven days* imprison meat, was imposed, Alfred Southey was charged with ijl-' treating a horse.. Mr. J; S. Burton appeared, for the defendant, and asked ; for an for a month, and 5 stated that the action seemed to be a . cross action for .conversion. Mr. R. ! H. Webb, who appeared for the uroso- • cution, said that tho action had purely • to do with cruelty. It had nothing to ' d» with the possession of the horse. Tho \ ease was adjourned till next sitting of [ tho Court. i In the judgment summons case. James j Donelart v, Wm. Scanlou, an order was i made for the payment of £4 19s. Gd., s on or before April 22, in. default five] 3 days' imprisonment.