SUPREME COURT.

Taranaki Daily News, 23 August 1918, Page 7

SUPREME COURT.

YESTERDAY'S sitting. (Before His Honor the Chief• Justice ; Sir Robert Stout). IN .DIVORCE.

Harry Curry Barratt, «arfienter, 'ft hajigamomona, petitioned for a divorce from Ms wife, h'anny Augusta Bamtt. Petitioner was represented by Ate A. H. Johnstone, and the respondeat was'unrepresented :111c! did n?t tie action.

■Petitioner iu evidence said he was married in ZSifi at tlio talfic.fi uf too registrar in CnrmLcQ"jch. Ho and hia wife came to Taranaki and Uvea together for about two yeuivs, Site then: left liim and had not come liaiik to him, lie understood s-he was housekeeping- for a 7'xsji near Opunatoa.

Evidence was given by Win. Harvey, blacksmith, New Plymouth, who corroborated the statement of [lefttioner. A decree nisi, was granted, to be made absolute in three months. Ho order Tvas made as to costs.

Andrew John Hariand, laborer, Ohura, petitioned for a divorce from Amy mrlaud, Wnt. V. H. Robinson being cited as co-respondent. Mr Johnstone represented petitioner and there was no defence. Petitioner stated he was married in December 1014, at Wellington, and left in a few days with the lend Reinforcements for the Expeditionary Forces. He made arrangements for his wife to stay with his people at Ohura. He made an allotment of his pay to her, and she continued to correspond with him until about the end of 1915. He returned to New Zealand in May last, and discovered that his wife was living at Timaru. He searched the register and found that his wife had given birth ?o an illegitimate child, of which corespondent was the father. Affidavits of service at Timaru and identification of co-respondent were put in, and it was stated that both respondent and co-respondent were living together at Timaru. A decree nisi was granted, to be made absolute in three months. Costs on the lowest scale were allowed against corespondent.

SETTLEMENT BY CONSENT. In the case of Lewis Herbert Langman (Mr. A. A. Bennett) v. David Paul (Mr. F. E. Wilson), an application for injunction to restrain defendant from entering on land and judgment for £3OO, Mr. Bennett stated that a settlement bv consent had been arranged. Plaintiff agTeed to remedy the alleged irregularities in the observance of the terms of the lease, and defendant (the lessor) agreed to continue (he lease and to refrain from re-entering ujion the property. The Court consented to the arrangement, and each party agreed to pay his own costs.

TRANSFER OF NATIVE LANDS. T. A. West (Mr. P. B. Fitzherbert) proceeded against James Marsh (Mr. F. E. Wilson) for trespass. £(i 15s special damages, and £lO general damages, and an injunction restraining-defendant from further trespass. The claim aro-e through the partition of certain Native lands in the W'aitara Survey District, which were held Dy a ifumber of Native owners, some of whom transferred certain sections to plaintiff by memorandum of transfer before the title to the property had been registered. Plaintiff had entered on to the land so transferred, and had commenced to work on it, but had been ordered ofl by defendant, who, it was alleged, had removed firewood, posts, and fencing wire therefrom. '

For the defence, Mr. Wilson said that under the West Coast Settlement Reserves Act, all title deeds were required to lie for GO days at the office of the Lands Transfer Department, during which time it was still within the option of the owners to vest the title in the Public Trustee, and until the expiry of such time no transfer was legal.

Mr. Fitzherbert contended that any transfer signed before the title was? completed made the clause referred to by Mr. Wilson non-effective. It was pointed out that the completion of tne titles to the land partitioned had been delayed by the congestion of work in the Native Lands and Lands Transfer Departments. Judgment was reserved.

OTHER BUSINESS. The following cases were adjourned till the next sessions:—Kura Kitiora v. Ngatata and others, Henry Brov-'ii and Co. v. John H. Robson, Rebecca Tabor v. Alice Paul, Edward P. Webster, Hatrick and Co.. and H. J S. Brookman.

In the following cases settlements were announced:—Newton King v. A. J. Huston, Emma Wolfe v. J T. H. Robinson, and E. Beckbessiuger v. Heni Watone.

The Court resumes at 10 o'clock this morning.