COURT OF APPEAL

Dominion, Volume 9, Issue 2741, 8 April 1916, Page 15

COURT OF APPEAL

CONVICTION AFFIRMED

Tho Court of 'Appeal dealt yesterday with the case of H.M. the King v. William Ncary, a Crown case reserved by His Honour Mr. Justice Edward®. At the last sitting of the Supreme Court at Wanganui, Neary liad been found guilty of theft from the person, and sentenced to two years' imprisonment with hard labour. His Honour considered a breach of the statute had been committed by reason of the fact that the Crown Solicitor remarked that the prisoner's statement from tho dock was not the same as evidence upon His Honour did not think any question of law was involved, nor did ho think tlio remark affected the case., At tho request of the prisoner's counsel, however, lie Toforred tlio matter to the Court of Appeal, where it- was argued yesterday before Their Honours the Chief Justice (Sir Robert Stout), Mr. Justice Edwards-, _ Mr. Justice Cooper, Mr. Justice Sim, and Mr. Justice Hosking. The Solicitor-General (Mr.' J. W. Salmond, IC.C.) _ appeared for tlio Crown, while tho prisoner was represented by Mr. C. E. Maokay. After hearing argument, the Court delivered oral judgment, deciding that there had been no miscarriage of justice, and that therefore tlie conviction must be affirmed. !A RESERVED JUDGMENT. Reserved judgment was given by the Court in the case of the RegistrarGeneral of Land v. the Dixon Investment Company, Ltd. It was an appeal from a decision of His Honour the Chief _ Justice (Sir Robert Stout), directing the District Land Registrar to register, an instrument purporting to bo a memorandum of mortgage. The objections raised by the Registrar to its registration were three in numberFirst, that the document comprised two distinct' instruments—namely, a third mortgage and a variation of first mortgage; second, that it-purported to give a third mortgage priority over, a second mortgage; and, third, that tha document excluded tlie Mortgage Extension Act. These objections were overruled by .the Chief. Justice, and tho Registrar-General therefore moved the Court of Appeal on the 'question. Tho Solicitor-General (Mr. J.- W. Salmond, K.C.) appeared in support of the appeal, Mr. H. F. Von Haast appearing for the respondent. The Bench for the hearing had been occupied by Their Honours Mr. Justice Cooper, Mr. Justice Sim, and Mr. Justice Hosking. The appeal was dismissed, -with oosta on- tlio highest scale. 1