COURT NEWS

Grey River Argus, 14 September 1937, Page 7

COURT NEWS

[Per Press Association]. GISBORNE, September 13. A test case of interest to local bodies, particularly those affected by Native rates, was decided in a judgment Mr Justice Reed delivered today. was taken on a case, stated by the Native Appellate Court, to determine whether the Native Land Court, having granted a charging order for rates, could refuse to make such orders, as were necessary to enforce the charge. His Honour answers the question in the negative, holding that the intention of the Legislature was that when the Native Land Court had judicially decided that a charging order should be granted, it had no discretion subsequently to refuse to appoint a receiver, unless it was prepared to appoint the Native Trustee for the purpose of the sale of land affected by the charge. WELLINGTON, September 11. Fines totalling £lB7 10s were imposed on Chinese after another raid on premises which were raided only a fortnight ago. The occupier of the premises was fined £lOO, as before, in default, three months’ imprisonment. Fines of £25 and less were imposed on those found on the premises. CHRISTCHURCH, September 13. As a sequel to an attempt to escape from Paparua Prison on September Bth, Philip Daniel Trainer, labourer, aged 24, and John Henry Wilson, labourer, aged 25, pleaded guilty, to-day, and were committed for sentence. The escape was described by Reginald Coles, prison warder, who said the two men, when working in a shingle pit at 4.25 p.m., last Wednesday, dropped their tools and bolted from the top of the pit. Coles gave chase on a bicycle, and the sentry gave the alarm. Coles saw the prisoners enter the freezing works, and later with the police and warders, located Trainor and Wilson inside. They hid in a tallow vat, and climbed to the rafters, from where they were dislodged by a fire hose. FORGOTTEN IN THE WILL. AUCKLAND, September 9. “I personally think the law is in-

equitable, and in this case I think it: will work an injustice,” said Mr. Jus-' tice Ostler, in the Supreme Court, in’ non-suiting a married woman, who! brought a claim against the executors' of'an estate. Plaintiff was Mrs. Sarah! Lizzie Sutherland, who claimed £223; from R. P. Towie and A. N. Cooper,! solicitors, as executors and trustees'; of the estate of Alexander Hastings, a retired baker. |

Plaintiff alleged that from 1930 to July 1935, she did domestic and nursing services for Hastings and his wife, and purchased articles and paid train and tram fares on their account. She claimed that her services were given at the request of Hastings or his wife on the express understanding that payment should be made by a provision in Hastings’s will. He died in March, 1936, leaving an estate valued at £2,911. Plaintiff said there was no provision for her in the will. “I think there was a contract, but it is not enforceable,” said his Honor. The law stated clearly that a person who did work for a testator on the understanding that he would be paid by a legacy under a will, had nc claim against the executors if the testator failed to make provision in thf will.

LOTTERY CASE. WELLINGTON, September 10. In a reserved judgment, Mr. Luxford, S.M., found “Truth” guilty ol publishing the advertisement, of a lottery, in connection with which the promoters were dealt with a few days ago. OPIUM FINES. AUCKLAND, September 9. Chopping their way through a heav-ily-barricaded window on the second storey of a building in Greys Avenue on Wednesday night, detectives entered the premises and seized a quantity of prepared opium, opium seconds, and pipes. Six Chinese appeared in the Magistrate’s Court before Mr Wyvern Wilson, S.M. Five of them, Gin On, a laundryman; Wong Mow, aged 38; Ah Lee, a gardener, aged 25; Ah Sai, a gardener, aged 45; and Shim Lind, pleaded guilty to charges of being found on premises for the purpose of smoking prepared opium. “The premises are well-known

and have figured in Court before,” said the Magistrate. “The place was barricaded, and they knew the risk they were running.” Gin On and Wong Mow, who had been before the Court previously, were each fined £2O and ordered to pay costs. Ah Lee, Ah Sai, and Shim Lind were each fined £l2 10s. with costs. Stanley Chin Horne, a laundryman, aged 47. was charged with permitting premises to be used for smoking opium, and with being found in possession of prepared opium. He was remanded, bail being fixed at £lOO.