Prisoners' Property.

Taranaki Daily News, Volume XLVI, Issue 110, 13 May 1904, Page 2

Prisoners' Property.

AN EXTRAORDINARY CASE. An important, case concerning the property of prisoners was heard byJudge Kettle at tho Auckland Magistrate's Court. The Public Trustee, on behalf of a prisoner named Thomas Frederick Moore, sued the administratrix of the estate 'of the late Mrs M. A. Mills for £IOO and interest on an 1.0. U. The facts of the caso were stated to be that, Moore, who lived with Mrs Mills as her husband for twenty-six years, was sentenced at Napier in 1902 for manslaughter ; that Mrs Mills, when tried oil a charge of perjury, about, the same date, was acquitted. Plaintiff alleged that. Moore, after paying ofi' some of Mrs Mills' expenses, made over £SOO to her to keep in trust, for him. Subsequently there was a demand for more money on (lie part of the defending lawyers, whom Moore at first refused to pay. Mrs Hills urged him to pay, mid she gave him an 1.0.1*. for £.IOO, but litis, it, was alleged, had never been [laid. Mrs Mills died, and action was then taken by tho Public Trustee to recover tho 1).0.1i., and interest from tile deceased's estate.

The defence was that the Convicts' Forfeiture Act of 1871, under which the case was brought, applied only to persons sentenced to death or to penal servitude. Moore had not, been sentenced to death nor to penal servitude. for penal servitude was abolished h.y the statute of 18!);!. Moore therefore was not a convict under the Act in question, and Ihe Public Trustee has no locus standi. Further, it was contended that an 1.0. U. could not he given as evidence of money lent, but only as an account stated.

His Worship suid the point at issue was a very important one. and lie reserved his decision.