SUPREME COURT

Dominion, Volume 9, Issue 2595, 18 October 1915, Page 9

SUPREME COURT

CRIMINAL BUSINESS. Four prisoners appeared before His Honour the Chief Justice (Sir Robert Stout) in the Supreme Court on Saturday morning to be sentenced for offences to which they had pleaded guilty in the Magistrate's Court. Mr. P. S. K. Macassey, of the Crown Law Office, represented the Crown. Two youths, Howard William Snow and William Jensen wore called upon to answer for attempting to commit a serious crime at Pahautanui. Snow was remanded until this morning, to see if arrangements could be made to have him committed to the AYcraroa Training Farm. Jensen, who is only fourteen years of age, was admitted to probation for twelve months, it being apparent that he was led away by the older accused. Mr. E. J., Jellicoo appeared for.Snow, while Mr. D. S. Smith appeared for Jensen. For theft of a postal packet at Blenheim, James M'Donald, against whom there was a previous conviction, was sentenced to nine months' imprisonment with hard labour. A Native, named Wi Erimana, who had been convicted of breaking, entering and theft at Wairoa, was remanded until this morning in order, that His Honour might consider the best course to be taken in dealing with the case. CIVIL CASES. INTERESTING QUESTION OF LAW. • An interesting question of law has been decided in a reserved judgment, delivered on Saturday by His Honour tho Chief Justice (Sir Robert Stout). The question came before the Court in the form of an originating summons brought by the Public Trusteo to ascertain tho correct method of disposing of tho estate of a male illegitimate, who died intestate. Under Section 50, Sub. section (3) of the Administration Act, is is enacted that "When any male illegitimate dies intestate, leaving 110 issue . . . and 110 widow, his mother, or, if she is dead, her next-of-kin, shall sucieed to the whole of the estate." Tho mother pre-deceased the male illegitimate by forty years, and the question was: Whether "her next-of-kin" were to be counted for the purposes of the administration Act at the time of her death or at the time of the death of the male illegitimate, when they were more numerous ? His Honour ruled that the next-of-kin are to be counted at the time of tho death of the male illegitimate. At the hearing, Mr. J. G. Macdonald, solicitor for the Public Trust Office, and Mr. F. E. Kelly, appeared for the Public Trustee, while Mr. H. F. Von Haast appeared for all tho other interested parties. COSTS WANTED. In a case heard in the Magistrate's Court recently, Joe Yee Wall, a Chinese chemist, residing in Haining Street, was charged with having opium in his possession, and, although tho information was dismissed, tho Magistrate (Mr. D. G. A. Cooper) ordered the forfeiture of the opium. On behalf of the defendant, Mr. E. G. Jellicoe moved the Supreme Court on Saturday morning to have tho order quashed, and Mr. P. S. K. Macassey, representing the Crown, admitted that he could not support tho order.

His Honour the Chief Just-ice (Sir Robert Stout) quashed the order, and reserved judgment on Mr. Jellicoe's application for costs against the Crown.