SUPREME COURT.

Taranaki Daily News, 25 August 1917, Page 8

SUPREME COURT.

KEW PLYMOUTH SESSIONS. The August sittings of the Supreme Court in New iPiymoutli were continued and cumjilvl-cj x-sterday before his llonctf Mr. Justice Chapman. JUDGMENT. His Honor gave judgment in the case of ilawiri Te Peke v. Cyril Stockman, a claim ior declaration that an arrangement under which the defendant uses j and occupies certain lands be declared void and the plaintiff be given possession of the lando. Mr. P. B. Fltz'nerbert appeared for the, plaintiff and Air. X). llutchen ior the defendant. Bis Honor reviewed the evidence and legal argument heard on a previous day, and now hekl that in huv the plaintiff v.'.is entitled to exclusive possession of the land. He gave judgment accordingly, and as others ise claimed, with costs on tjie kiwe-l: scale, expenses and disbursements to be fixed by the registrar. IX BANKRUPTCY. Frank Tail, butcher, formerly of New Plymouth, applied for a final order of discharge. , Mr. A. 11. Johnstone said the Deputy Official Assignee in Bankruptcy (Mr. S. S. Medley) had appended a note to his report as follows: "1 suggest that before a charge is granted bankrupt should sapply a written .statement of his earnings since his bankruptcy." There had scarcely been time for that to be done, but counsel understood that the Deputy Ollicial Assignee did not press his condition. Mr. Medley, in answer to iiis Honor, said that the bankrupt had been was now working for wages in Auckland* and the circumstances were such that he (Mr Medley) did not now denire to press his suggestion. The application for the order was granted. A FORMAL NON-SUIT. Sarah Marsh v. Taranaki Education Board and the Attorney-General. Tins was an application for a declaration tliat certain land held under Crown grant stiil remains native land. Mr. D. Hutehen, with Mr. J. 11. Quilliam, appeared for the uelendants. The plaintill' appeared in person, and in rcplv to his lb nor said she had telegraphed twice to her solicitor, Mr. Baldwin, but had received no reply. She did not think the case should or could go on in his absence. Others were interested in the case besides herself, and Mr. Baldwin had been retained to carry it through. Her papers and documents were all in his possesion. Hi» lienor said the case "had been adjourned from last session on the application of the plaintill in order that the Attorney-General should be joined as a defendant, but the Attorney-General did not appear to have done anything. Mr. llutchen said the order joining the At lornev-Gcneral had only been made on .Inly 24." and possibly the Attorney-Gen-eral hid not had time to do anything before the beginning of the present sessions . of the court in New Plymouth. His Honor said he could hear what counsels for the defendant had to say. Mr. llutchen said counsel for the defendants had nothing to say until the plaintiff a ease wis heard. Mr. QuiUiam said that in justice to the Taranaki Education Board he desired to tell the court the history of the proceedings. The original writ was issued for August 20, 11)15. The ease was adjourned on plaintiff's application to September 7. and to December 0 in the same year, and in 1810 to February 4 and then to May 10, there being no appearance of counsel for the plaintiff on cither of these occasions. The action was discontinued on September 4, IDIG, the present writ issued on April, 1917, :■ and on May 15 last counsel for the pkintiff appeared for the first time, and on his application a further adjournment was made to the present sessions to allow of the Attorney-General being joined as a party. He suggested that judgment should" be entered for the defendants with leave to the plaintiff to move to have it set aside within a certain time.

His Honor gave judgment the plaintiff, with leave to give notice' within six l weeks of motion to set aside the non-suit, with costs on the lowest scale to be fixed by the registrar. lie explained to the plaintiff' that under the circ.umstr.nces judgment had to go against her, as some finality must be reached, but if her solicitor took the necesisarv steps to set the judgment iside, and succeeded, dhe would be in ihe same position as at present. LICENSING APIP'EAL CASE. Tlcnrv Nuttall (appellant) v. John Kellv (respondent). This was an appeal on a case stated from a decision of the stipendiary magistrate at Hawera, a case heard on the information of the present appellant, Constable Henry Nuttoll.

Mr. 11. R. Billing appeared for the appellant. and Mr. A. H. Johnstone for the vespondent. Mr. Billing said the facts were that i prohibited person was supplied with liquor in the hotel of which the respondent was licensee. The magistrate found that the hotelkeeper did not know that the man was prohibited, but the barmaid did. and on these grounds he convicted the barmaid, but dismissed the information against the licensee. The magistrate had also based his decision on the fact that the prohibition order was issued to all licensees in the Wellington and Wanganui districts, whereas Hawera was in neither of these districts. but in the Patea licensing district. With regard to the first point, Mr. Billing -submitted that the barmaid was njent for the licensee, and that therefore he was responsible and liable if the •prohibited person was supplied by him or his agents with intoxicating liquor. Mr. Johnstone admitted that Mr. Billing's argument on the first point was unmiii and irrefutable, but on the second he submitted that a prohibition order only affected the persons to whom it was addressed, the licensees in the districts named in the order, and had no general or universal application throughout the Dominion.

After hearing argument and noting the authorities quoted by counsel, his Honor reserved judgment, stating that while the first point, as admitted by Mr. Johnstone, was not arguable, the second was one requiring consideration. This concluded the business of the sessions, and the court rose sine die.