SUPREME COURT, HOKITIHA.

Inangahua Times, Volume IV, Issue 75, 1 October 1877, Page 2

SUPREME COURT, HOKITIHA.

FfilDJiY, 213T SBPTEMBBBi 1877.. I (Before' IBi* Hoaor the Chief Justice-.) 1 In re- the DSMANOB ©O1D» MIJMiNXJi CO13» pant; Liimtb-d, re BAißn. Mr William Pitt moved under nection. 121, " District* Courts Act, 1858,"" for arulb nisi, calling upon. His Honor the Judge of the District Court at Roefton to proceed' (under section 35" Mining Companies A'efc, 1&J2"): with an application of Baker for rectification of thfl' register of above- Company. Mr Pitt nead tho nflWavits- of Jtohn' Baiter and' A.. D. Day lei Id allbpn© thofaots of tho case, and that the District Judge hrid declined jurisdiction ; and then proceodtedi to comment thoveon. Jl'e quoteda number of authorities decided' upomsimilar sections of the various Englishstatutes, from 1845 to 1S02; He contrasted the language of tho several sections upon the question of rectification- with the Victorian Acf, and the Act of New Zealand ; i and contended that the whole course of legislation pointed' to this conclusion, viz., that tho Legislature intended' to confer exclusii-o jurixtliclirm upon tho District Court, as boinj,' at band, and its practice simple and Rpee Iy. Tho Chief Juatico— But Mr Pitt do tho affidavits disclose that tho learnod Judge of the District Court did decline jurisdiction ?■ Mr Pitt — Certainly your Honor. The judgment of' t ho learned Judge — which was a written ono— expressly states thai; if he made an order it would bo inoperative for want of machinery to carry it out ;■ and the "only asylum for the applicants was the Supremo Court." The Chief Justice then asked Mr Pitt to road the judgment, and having himself referred to it he said "I cannot assume that the learned Judge meant to decline jurisdiction. I may be wrung, but I see no reason to doubt (hat the District Court has ample jurisdiction, and it scarcely wants argument to prove it after the case cited. Is there no appeal from tho District Court P" Mr Pitt— l think not ; and 1 in express* ingthat opinion I only follow my learned friends who practice on the- West Coast. Wo should bo much indebted if your Honor would express an opinion on that point. After reference to the various Acts,, his Honor, without expressing a decided, opinion, intimated' that it was exbromely doubtful if an appeal did lie. He suggested that it was a question far theLegislature-. There were several learned gentlemen i-h the House, whose attention could be drawn to the subject. A very short Act would clear all doubt. Mb- Pitt continued bis argument when, in defarenco to the expressed disinclination, of his Honor to grant a rule under Section< Tffli, he intimatedt that he would not press the Court further, but would institute proceedings hy suit in the

His fiotior theo inttinated that ho expected to leave by atoaruer early the (following nwruiug, but if Me Pitt eottld be ready before then, he would grant an iuteriitt injunction. If uot, he could be moved ia Nelson or Welliunton, and th c" h«ariog could bo dither ia Nelson or Hokitika, aa might U determined hereafter. Mr Pitft thereupon elected to take nothing by bis motion. TJtc Court tbea adjourned.