STOLEN GEMS.

Hokitika Guardian, 4 October 1921, Page 4

STOLEN GEMS.

WHO SI 10l l I) OKT THKM? WKUJXIITON. Sept 3't. Till, claims of the owner ol st,uh-n gi.o.is, of paw nluokers who 1 • 11 1 nancy on them, it ini' of tlio creditors o! t lit* mini convicted of their I holt, presentee iliflicilltit’s tlmt were candidly -.'hniuo. in ;i very interesting judgment deliver (-.! !,y His Honour, Mr Justice Runt the Supreme Court yesterday. ’I he proceedings were instituted h; C. It. Kline, the owner of the g. no foi their recovery, and by three ] own brokers, for a, recovery of moneys foaled to Herbert Julius Mailer, who was recently sentenced to twelve montle imprisonment with hard labour, after having pleaded guilty, subsequenPy 1i being arrested on! a vessel at ! : v:'ney. The iase was eomplieated by the Ire! that prisoner was adjudicated hau'trupi and his assets, which comprised muii of the g< ms, set in gold that was :d leired to be bis own property, 'u-i- !i tlie hands of the Ollieiid Assignee, who elainn-d reimbursement for bis eredi-

Mr P. S. K. Maeasney apre :red for the Clown. Mr 11. !•'. O'l.oarv : ppcared for three pawnbrokers . Pn>: rCs Kriihnuf's estate and the Anchor Kx-i-hange and I,can Company'), Mr P. | evi appeared for the Ofiu-ial Aisiyiier an! Mr ll.' 11. Cornish appe-ived for tla- o.’.it -r of tli-, a-ivels (C. 11. K line). bad entrusted them to Mailer, v bile he was in bis cm ploy ml a working jeweller.

Counsel |or Kline opposed any order requiring liini to make any refund to the pawnbrokers. PIM)TK( TTN'H THK OWNKR.

In delivering judgment His Honour considered tile i|Upstion whether section -Idl of the Crimes Act gave the c-uirt jurisdiction to load the by the owner ef his property wit" a liability lor payment of the money advanced Oil I lie stolen goods, [t was a i, i.\ old i ~lc in loninuni law, -aid lib luuuuir, that, in i asi* oi a eon vnTion, s. 1,-it gilds lei au.< ievestef! to iheir on ncr, noLu ithslait-lin ; any ill -run-d----une ..ruling wi.il ike.... lie u. [ not think lie (.‘lines Ait ionic! be ei nstrued as derogating tlu-se rights. file court iu.il, on tin .uher hank, subject to tli.- i..-.iiisiam i s ol the i -c, empower, d (o nal-e its oilier for unculi-lii-.io.uil i.cmery siil.ject l- i II or partial p-itntiii to |an übrokers. lint v,. .(> .1 i'. e on ut. i, in.is. lit, la." i i ili-r b . any eject in limiting bis light to mover bis piopcity.

I ONSKN I Kt.lli UlSTßitiPTithN. i i 1 Honour leluarked that ;>,» view ol t!..- bn. was supported by a ,a ;e in w'i.i h the i, - lion arose under a. sililila ' - .anile in Knghi.nd, vvlika, in the opinr ■ of tin. judge, was not im-ntied to alt. r the civil -rights of the panics. “in view ol the law. 1 think the Knglisli pi uc: ice k- a good one.'' sain His Honour. “I am, tlior«lore, not prepared to make any order, except by Ovinsent.” lie was (piite satisfied, lie said, that all tin- ; paw nhrokei s had' acted quite properly, and were in r.u way blameu ortliy. The polity ol the I egislatuie was that, under such circ iiistanci. s. pressure should lie hum -,hl to hear upon the owner to contribute to the loss sustained hy pawnbrokers I v ,-. i'hhnl ling a summary order unless !:■- will sulmiit to conditions. The mvnei. in the l'l'i--ill ease, said His Honour, should have a portion of the loss. CLAIMS OP Till-; PRISON Kit.

There was same difficulty in regard in tint actual ownership of the money found on tile accused, and with regard l i certain jewellery upon which the prisoner would probably have a lien foi his work and labour in converting the raw materials of gold and precious Slones into the manufactured article. Tbe OHieial Assignee claimed the money and an interest in the mnnnfaet ired articles. SHARKS FOR KACI! PARTY. Under these circumstances, said llis Honour, lie was prepared, if the owner and the Oflieial Assignee consented, to make an order to deliver: all the recovered property, including the money, to the OHieial Assignee, fo he held hy him in trust, first to pay the paw-” brokers otic-half ol their advances; and set wildly, to hold Oie residue of the property and money in trust, to die ■' the same between Kline and the i r.divers of Mailer, according to their respective interests. If Kline or the Ollieial Assignee were not agreeable to take delivery of the recovered property on these terms. His Honour said he would make no order, leaving the parties to their ordinary remedy at law. Addressing counsel for Kline, His Honour said ho did not- expect that he would announce the intentions ol his client in court, hut would give lnm time to consider it.