SUPREME COURT.

Taranaki Daily News, 17 May 1916, Page 6

SUPREME COURT.

NO CRIMINAL CASES. A LAND CASE. A sitting of the Supreme Court was opened at New Plymouth yesterday, Mr. Justice Edwards presiding. For the first time for a number of years there were no criminal cases, a state of affairs which is a credit to the province. It is customary for such occasions to be marked by the presentation of white gloves to His Honor, but yesterday this was not done and no reference to the absence of criminal business was made, the Court immediately proceeding to deal with the civil business. A number of civil casc3 were struck/out and others were adjourned, until only two matters remained to be heard. The first was a land case in which a number of Maoris claimed possession of certain land at Waitara now occupied by a European, and this action occupied most of the day. The other matter heard was an appeal against the decision of the Magistrate in a licensing case, the Police v. Margaret Box, and the case was adjourned till 10 30 a.m. to- 1 day. The land action was one [.\ which Henare Hautoro Kawa and others proceeded against John Cameron, claiming possession of certain land held by Cameron and for mesne damages £25. Mr. D. Hutchen appeared for the plaintiffs, and Mr. A. H. Johnstone (instructed by Mr. C. R. Stead) appeared for Cameron. It was shown that in 1870 Cameron took possession of a quarter of an acre of land in the Waitaia borough and fenced it in and regarded it p..'< his own property, so that he took r.tepa under the Statute of Limitations to obtain a title for the land. The plaintiffs claimed that the land was theirs through the bequest of ancestors and they sought to. stop Cameron from obtaining a title for the land, ind. at the sj.me time they claimed possession of the land. For the plaintiffs it was argued that Cameron had recognised that the land was not his by reason of the fact that he had paid certain monic o to the plaintiffs afe rent, but on the other hand Cameron denied that he had ever paid any rent. He had given certain monies to Kawn, but lie denied that they were for rent, and he stated "that the land was never mentioned in anv of these transactions. A good deal of evidence was taken .:i these lines, atfer which counsel addressed the Court Mr. Johnstone submitted that the defendant had heen in undisturbed possession of the. bind from 1879 anil it was a paddock forming part of defendant's block. Whenever »t had been necessary to pay ?_- the defendant had done so. The only question for His Honor's consideration was whether there had been any payments. There was no proof that any rent had been paid between 1879 and 1890, and the only payment of any kind was made in the year 1900. in the thirty-seven years' occupancy of tin land by defendant two sums of 5s and las were paid to the plaintiffs or their ancestors

Mr. Hutchen submitted that the two payments made were for rent and they showed that a tennncv had been established. If the Court 'was satisfied that rent had been paid, it was right to as-

siijne that .1 tenancy had been enteral into, and counsel quoted several authorities in support of his contentious. Ilij Honor reserved hia decision i OTHER CASES. AXKEUITCY AND DIVORCE. tin the application of J!r. D. Hntchen a discharge fiem bankruptcy was granted to Ernest A. I.acey, 'The application was not oppo-ed. George Death, ; v farmer residing at Kaponga, applied for the dissolution of Ilia marriage with Ma:y Ann Death. Mr. Crump appeared for the petitioner, and there y;»s no appearance of the respondent. A decree nisi, to be made absolute in three months, was granted. At this stve the Coti.'t adjourned until 10.30 a.m. to-day