THE COURTS.

Press, Volume LV, Issue 16654, 15 October 1919, Page 4

THE COURTS.

SUPREME COURT,

H (Before ]iis Honour Mr Jtisiice ilo-rilnjau.) I RESERVED JUDGMENTS. I C'AMEBON v. DALGETY'S TRUSTEES. H His Honour delivered hi 3 reserved ■ nient in the c<*so of Angus Oam»ro7>. of H Balmoral, sheep-farmer, v. Frederick John H of Southnmpi-on. Christopher Hesel- ■ tine, of London, and Devereu* Philip Fer- ■ vestor, of Gloucestershire. England, trustees Bj of tho estate- of Frederick Gonnermau Dal- ■ trety, of England, gentleman, I Several persons wero named a3 third partic-3 Bj to the action. H Tho plaintiff claimed to recover {mm the H defendants the 6tim of £1127 cs lid as -Jnmflj ages suffered by him in consequence of the B defendants' negloct to carry out certain ■ covenants contained in a deed of easement H rela-tincr to the use of a water-race. fi In the course of a lengthy judgment bis ■ Honour said lie had considered the ques--1 tion oi law raisc-.l at the trial by Mr A. F. y Wright for defendants, ar.d he had come to I the conclusion that tie covenant in' the B grant cf eas-sment, as in the original eascH ment, did r.ot violate the law as to perpeH tuitiea. Proooeding to :.Jio facts, liis Jlon- ■ our came to tho conclusion that there wm H neglect upon the part of the defendants to H keep the race in repair. He therefore gave H judgment for jilaiutiff for f903 5a lid, made H iip as follov.-s:—Loss on the sale of Jambs •5 £199. loss on sale of ewes X'GOO, paid --for R 71-jr.ing £51 03 lid, pai'.l as wagts to n H iraver £oU. Plaintiff wtvs also awarded j B coata, tho matter cf the costs of the third j I parties standing over for argument. B At the hearing, Mr Jl. J. Gresson, with B him Mr K. 51. Grc&son, nppearel for plain-, H 'iff, Mr A. F. for defendants, Mr H Sco. Harper for Dr. and itts Fox and McH Cra-o (third purtics), Mr H. H. Lor.ghnan for Dwyer (third party), Mr G. H. K. Helmorc for Witte (third party), :in*.l Mr S. G. Ray- - n;ond, K.C., with him Mr H. O. D. Me-aros, for Graham Bros, (third parties). HEED AND OTHERS v. BILTOX. This was an originating- summons under the Declaratory Judgments Act, 1908, brought by Arthur Clement Reed, of Christchurch, accountant, Henry Hamilton Laughuan. of Christchurch, iolicilor, Maud Magdaleaa White, of Christchurch. and Beatrice Joseph Bunz, of* Chriatchurcli. against Cecil John Bilton, of Temuka, bank ofßcer. The question to be deiermined upon the summons wa3: What was the meaning of a clause contained in a certain deod of. lea«e •Jated May 28th, 1880. This clause provided that if tho third party, one Frederick Holibs, during the first five year 9 of the lease, crectcd upon tho land leased a building or buildings to the value of £5000 nt I tho least, Bilton and his wife would at the I termination of the demise pay to Hobbs, his administrators, or assign?, twothirds of tho then value of tho builvling or buildinjrs. Tho plaintiffs claimed that the covenant which provided for the payment of compensation for buildings erected applied not. only to buildings erected within the five years, but that it covered also building's which had been erected since the pericrl (of five years expired. It wns contended that tho words in the lease, "all such building or buildings," were pencral, and covered all buildings which bad been erccted during the term of tho lease. I His Honour was of opinion that the ivoi'ls did not mean thnt. Tho covenant, he held, I did not entitle the lessee or hii ussigna to compensation in respect of buildings erected over the whole period of forty years of the lfase. The- claim, which the- plaintiffs ai th"- present lessees might- have was in hi" opinion limited to n good nnd substantial buildins* or buildings erected, put up, and completely finished within five years from the oommencemcnt of the term granted. Judgment would be for defendant, to whom ho allowed tho rum of £10 10s, together with disbursements for costs. 1 Mr H. H. Loughnan appeared for plain, tills and Mr M. J. Gresson for defendant. CIVIL SITTINGS. KAIKOURA COUJCTY COUNCIL v. SXUSHALL. The Koikoura County Council proceeded against Henry Siiushall, of Cl/devale, Otago, claiming that the defendant had enclosed land by meana of fences and barriers, thus preventing access to and passage along -various public roads in the Conway li'Jinjr, the plaintiff thus being deprived of tho us® of the roads a3 public roads. Tho Council asked for an order declaring the roads to' bo publio roads. £5 7s expenses in removing n fence, and £5 general damage?. For tho defence it was claim ad that the roads concerned had ?iev<n- been taken possession of by the Council, and 4iad never been used as roads, nor had any private ov. public money been spoilt on them for road pmposos. It was also claimed that , the County Council had tried to have the road* closed and sold, aud to obtain the purchase money. ' Mr G. G. "Watson, ot Wellington, appeared for tho Council, and Mr W. E. Kinnerney, of Timaru, with Mr W. M. Hamilton, for defendant. . The case originally came, before Ins Honour in Christchurch on M arch 6th last, ( when judgment was reserved. On March t 27th permission wm granted to call further ( evidence, which was adduced yesterday. It wna mainly of a technical nature, given by surveyors, relating to surveys. Judgment wa* reserved. The Court adjourned till 10.30 tms morning. MAGISTERIAL. (Before Mr V. G. Day, S.M.) DRUNKENNESS. Three first offenders were each fined ss, in. default 21 hours' imprisonment.. A BROKEN ORDER. Mary Herbert, on a charge of having committed a breach of her prohibition order, wne ordered to come up for sentence v;lien called upon. ALLEGED THEFT. Daniel Murray, alias Jackson, and Mario Hill were charged that, on Octol>cr 12tb, 1919, at Christchurch, they did steal tho finn of £30, the property of Wilhelmina Dnvid. On, tho application of tho police an adjournment was granted till Tuesday next. Bail was allowed. THEFT. William Gregg (Mr J. A. Caasidy) pleaded guilty to a charge of having, at Christchurch on October 3rd, stolen the sum of £10, the property 0/ Arthur Stokes. Accueod was convicted and fined 20s, in default 14 days' imprisonment. REMANDED. Robert Dickenson Warden, alias Lawrence, the escu-pcd prisoner who waa recaptured «it Sydenham on Mondaj. was charged that, on or about September 29th, 1019, at Auckland, lie was deemed to bo an incorrigible roguo in that he did escape from legal confinementfrom tho Mt. Eden Prison beforo tho expiration of his sentence. 011 tho application of the police, the accused was remanded to appear again to-day. MAINTENANCE. For disobedience of a maintenance order, •Tames Milligan was sentenced to 14 days' imprisonment, the warrant to bo suspended provided the arrears, amounting to £5 17s 2d, | are paid forthwith. William S. Ellis wae ordered to pay So weekly towards tho maintenanco of his children. •Stanley Joe was ordered to pay 10s weekly in respect of tho maintenanfco of a child. Susannah Campbell proceeded against Colin Campbell in respect of a maintenanco order. Tho order was increased to 3s weekly. A maintenance order <vgainst Francos McYey was increased to 10a weekly. William Young was ordered to pay arrears amounting to £14 lis on a maintenanco order, iu default three weeks' imprisonment. I JUVENILE COURT. j Two boys, aged respectively 10 years end | 12 years, were charged with that, on or about June 22nd, at Christchurch/ they did eteal six wickets and two cricket pads, of a total value of 30s, • the proporty of tho Sydenham Cricket Club. Both pleaded guilt v. The eases were adjourned for six months, the elder boy to report fortnightly to tho probation officer. Both boys were ordered not to attend public amusements for six months, and not to bo out after dark for the samo period.

A child one month old was ordered to be committed to the Christchureh Jteceiving Home, to be brought up in the Church of England form ol religion.