SUPREME COURT.

Gisborne Times, Volume XXVI, Issue 2307, 28 September 1908, Page 2

SUPREME COURT.

BIENNIAL SITTINGS.

The half-yearly sittings of the Suprt me Court wore concluded on Saturday before His Honor Mr Justice Edwards.

When the Court sat it was announced by Counsel that a settlement had been arrived at in the cases of Geo. Tlios. tSeflou v. F. Hall, and To Raima Hope v. Watene Ruha. Both were accordingly struck out.

The next case called on was that in which John Higgins Martin proceeded against W. A. Barton, S.M., for writ of mandamus directing defendant to sign a certificate that plaintiff is a fit and proper person to hold a publican’s license.

Air J. AV. Nolan appeared in support of tlie application and reviewed the circumstances under which the certificate had been refused. “AYhat,” ho asked, “constitutes fitness to hold a publicans license beyond good diameter?” He contended that the application was in proper form, but after enquiries had been made by the Magistrate tho certificate had been retir ed. Counsel then proceeded to read the correspondence which had .passed between him and. defendant in regard to the application and reviewed the evidence taken at the time the application was made. He claimed that the evidence given at that time showed conclusively that the applicant was a fit and proper person to hold the license. Later on a letter was received' from the defendant stating t.'y.t he was prepared to admit that the evidence proved that the applicant was a good shepherd and station manager, but not a good ho-tel-keeper. The police reports bad referred to the applicant’s connection with horse-racing, and there was a general impression that the applicant had not run his horses honestly. Air Nolan submitted -that they wore clearly entitled to a certificate or, at anyrate, a mandamus for further enquiries to bo made. He had no formal notice of any objection ho had to meet, .and surely the fact of an applicant being a racing man was not against him. Neither was there anything in the police reports to warrant the refusal of the certificate. The question of the applicant being a half-caste native had also been raised by the Alagistrate as ail objection, but lie (counsel) did not see how this was a bar. In support of this he instanced the high standing of several half-castes and natives ill the Dominion and claimed that the Magistrate had been mistaken in hie duty in refusing the certificate. He was quite ready to meet any accusation or obiection which might he brought forward to show that the applicant was not a fit and proper person to hold a publican’s license. Counsel quoted authorities at length, and referred to a ruling of Air Justice Edwards himself oil the matter. After hearing argument His Honor reserved his decision. A WILL CASE.

Harriet Sootier (Air. Stock instructed by Air. T. Alston Coleman) plaintiff, and Adolphus S'ootter and others (Air. Alann); application for a declaratory order ‘interpreting the will of Win. Goodwin Scotter (deceased) in the matter of several specific questions sot forth in the summons. The suit was a friendly one to obtain a ruling as to whether the widow takes a life estate and the whole of the property with the remainder to the children after her deal'll, or whether the widow and children take up the interest in equal shares in the property now. After hearing argument Ilis Honor said he would tike time to consider the point involved.