THE COURTS.

Press, Volume LIX, Issue 17741, 18 April 1923, Page 4

THE COURTS.

SUPREME COURT. IX BANCO. (Before His Honour Mr Justice Adams.') AWARD IN' DISPUTE. His, Honour was asked to enforce an award mad* by F. W. Freeman, surveyor, and J. W. Home, fruitgrower, in respect of about ai! acre and a-half of land at Loburn planted in fruit trees, purported to be transferred by David Ellwocd to Alfred M. Hill. The land which adjoined was disposed' of by Ellwood to Herbert B. Kerapthorr.e, Egbert W. Gimblett, and James H. Parker, fruitgrowers, of Loburn. A misunderstanding bavin? arisen with regard to the areatransferred to the different purchasers, the dispute was submitted to (he arbitrators. who. made an award as follows:—Elhvood to pay Hill for the acre and a-half, purported ti be transferred, but r.nt transferred, £100; ICempth--rne, Gimblett, and Parker to pay Ellwo-d for the acre and ahslf, transferred to them, .-WO: Ellwood f" pay Hill, as compensation fcr lobs of hmi age and depreciation, £25 ; E'l'<-ocd to pa" cofts for re-arraifinT lc?al documents f--> c-c.mplcte. titles; the arbitrators' fee to bl- - 10s each. AH the parties were Willi""' to be K-'-nd by the award with the exception of ffiweod. 'Mr F. S. Wilding appeared for Hi'l, Kenrnthorne, Gim.N-ii and ParkeT, and Mr R. Twvnoham for Ellwocd, who oppes-d fh? application, eontrndi-.ie that the arbitrators exceeded their aulhcritv. His Honour said that although the agreement which, was arbitrated rrt v-ns somewhat amhioruous, there wa« no as to what the parties intended. The npplirat:"" wauld be eranied, costs amounting to £lO 10s being allowed, QUESTION OF STA"MP DUTY. Tf.ie Court was asked to g?;o an 'opinion under the Death Duties Act as to whether the Commissioner o? Taxes was entitled to include in the dutiable estate tf Miss Julia Mary Campbell MoLean, who died at Tima.ru on January 6th of this year, property valued at £2O,2Si, over which she exercised power of anpr.intment under the will of her father, the 'late Doni'ld McLean. The Commissioner included this property in Misi McLean's dutiable estate, Wring duty on it to the extent of nbwt i-lflOO. Char'ea ST. Orbell, Levels, farmer, and .lornas Holmes, Osmaru, farmer, and James Stuart Holmes, Wellington, executors of Mrs McLean's will, appealed against the decision of the Commissioner, who appeared as respondent. It was submitted by the appellants thai Miss McLean had no power to arpoi?<t the fund to herself, and no power to dispose of the money for her benefit; it wea n"t a ceneral rower of apnoint-nent. It was contended by the Convnissioner tha.t it was a p-onera) appointment ard that the propertv dealt with was part of Miss McLean's duti"hle estate. Mr -W. E. Kinnernev, T:'mf>ru, with him Mr W. J. Pim. nnneared for tho aonellonis, fird Mr W. W. rT-.miHATi for +>o res-rodent. Mr Sim submitted thfct Miss MeT,ean's father, by the will, showed that he did not intend her to h"ve power o-er the fund for the pavment of her own debts. Decision was reserved. APPLICATION FOR SPECIFIC PEBFOEMANCE. David Rogers, Timaru, proceeded against John Joseoh Ka-vanagh, Christohuroh, retired hotelkeepcr, for specific p-eVformance and execution of a. memorandum of lea-e, or alternatively for £IOOO damages for breach of contract. Plaintiff claimed that defendant agreed to grant him a. lease for five years of {ho Masonic Hotel property, St. Andrewß, mrt nowrefused to observe his agreement. For the defence it was contended that Kavanagh and John White were the regis: tered proorietors' of the pTooertv as tenants in, common, and that if Kavanagh entered into «n agreement to lease he did so in the belief that he wouldi be able to acquire White's interest in tho land. Beinsr Unable to do so, he could not give Bosers a. lease. ' It was alleeed by him that Havana gh imew of this position. , Mr W. J.' Sim anpenred for the plaintiff and Mr W. W. Hamilton for the 1 defendant. Mr Sim submitted that the defence wag frivolous, in that the grounds of the defence were not properly set out. An order was m-ado that a further ana better statement of defence should he filed ■within seven days. ' , IN CHAMBERS. ' Probate was granted of the wills -f the 'ollowing:—Atkinson McDowell (Mr W. J. Sim); James Allen (Mr D. T. Murchison ; Annie Rowe (Mr H. J. S. Goodman): W>l> lin.m Taylor (Mr R. Twyneham); Robert William Bromley (Mr Twyneham); Elizabeth Kinsley (Mr A. T. Taylor}; Robert Blake (Mr L. A. Dougall); James B. Banks (Mr M. S. Brown). MAGISTERIAL. TUESDAY. (Before Mr H. Y. Widdowson, 3.M.) DRUNKENNESS. "This man has eighteen previous convictions for drunkenness and four this year, said Senior-Sergeant Lewin of Eli Arthur Evans, aged 42, who was charged with drunkenness. Defendant was fi'ned 40a, in default seven days' imprisonment, and no ■was prohibited for twelve months. A first offender was fined 10s, m default 24 hours' imprisonment. ALLEGED FORGERY. . Stanley Taylor, aged) 37 years, was charged, that, on February 27th, at Lyttolton, he forged a cheque drawn on tho Bank of New Zealand at Christchurch. for £l9 10s, by signing the name of Robert Pcttigrew. On the application, of the police he was remanded until April 25th. '' ' ADMITTED TO PROBATION. Rose Keen©, aged nineteen years, came up for sentence on a charge of having stolen .on March 7th, spoons, forks, and knives, to the' value of £9 10s, the property of Jane Lamb. The Magistrate, after reading tho probation officers' report, said that the girl appeared to have a good homo in_ Timaru. When she was seventeen years old, it seemed she had met a young man and gone to picture shows. The trouble seemed) to have started from that time. It.was through the man that the girl had come to Christchurch. The father was willing to take the girl home again. "Under the circumstances," said Mr Widdowson, "I will extend to yon the provisions of the Probation Act.- You are admitted to probation for three years on the special conditions that you go home and remain there during the period; that you obey your father in everything; that you abstain'from going, to picture entertainments, and that all your anwspnients be under tne discretionary control of the probation ofticer. MAINTENANCE. George Critchley was ordered/ to pay 2s 6d a week towards the maintenance of his illegitimate child. Vivian Hanson, for disobedience of a maintenance order, was convicted and sentenced to one month's imprisonment, to be released on payment of JK23 10s arrears. Arthur Blackmc-re (Mr C. S. Thomas) was adjudged the father of an illegitimate child and ordered to pay maintenance at the rate of 12s 6d per week, past maintenance £ls, expenses £lB, and solicitors' fee £2 2s. Mi iJ\ W. Johiston appeared for the complainant. AKAEOA. (Before 2Sr Wyvem 'Wilson, rf.M ) ALIMS ACT BREACHES. George Filzsimmons, cli.UijLu with, having purchased a rifle without ;i permit, was convicted and ordcrxl to u.iy_7s costs. -For iisving been in possession of a ritic for a period lor. o vr than seven days without bav111=' registered u, the defendant was convicted and u.dcied to pay 7s costs. The rifle was forleited. TRCANCI'. Henry Frank Kliioii, for whom Mr J. H. Williams i.pr.eiii'(jd, was chary*.d with having failed to iend his child icguhirly to school. '.lie, was convicted and fined 10s and costs. CIVIL BUSINESS. Judgment for plaintiff by default was given in each of the following cases:—N.Z. Farmers' Co-op. Association v. Chas. Anderson, £lO2 9s 4d; same v. J. S. "Weils, £9 10s 3d; same v. Alfred Brown, £59 Is lid; same v. W. Anderson, £l2 is; same v. George Kearney, £5 -!s Id; F. E. Davis v. D. Sutton, £3 14s lid: V. Robinson v. F. G. Harris, £25 0s lOd.