LAW REPORTS.

Dominion, Volume 1, Issue 74, 20 December 1907, Page 9

LAW REPORTS.

SUPREME COURT. IN DIVORCE. ••• ■ MARRIAGE DISSOLVED. His Honour Mr. Justico Button held a sitting in Divorce yesterday morning. Arthur Perry, merchant, sought tho dissolution of his marriage with Alico Madolinc Perry on the ground of failure to comply with a 1 decree for tho restitutionVof conjugal rights. . Mr. Fair appeared' for the petitioner and Mr..Kirk for tho respondent. ■Petitioner gave evidence that the decree was granted on August 20 and that respondent had not returned to him. A decree nisi was. granted, to become absolute in three months. '

IN BANCO.

■ . A.BLENHEIM CASE. ' His Honour Mr. Justice Button held a sitting in. Banco yesterday morning. , The case G. .L. Lane and . others (Blenheim) v. Percy Simmonds and others (Blenheim) was argued: ' This was a .special case stated for the opinion of the Court. It related to a piece of land of which defendants held the title but without possession! The question for the Court was as to tho position in. which defendants had placed themselves by giving a title and as to whether damages could be recovered' from them. Mr. M'Nab appeared f6r the plaintiffs, and'ftlr. M'Calluin for tho defendants. . It is interesting to note that during the argument, the Bill of Bracery and Buying of 'i'itlos HenryVlll., A.D. 1540, was quoted." . At the suggestion of the Court, the parties agreed to the following arrangement:— (I) That further action at presont be suspended; (2) that, the defendants shall commence immediate proceedings against the representative of Mrs. Jones to recover possession of the land; (3) that in the evont of the action being unsuccessful the plaintiffs shall recover tho amount of their purchase money, £30, with costs of investigating the title; (4) that in the event of the action being successful the plaintiffs' will be entitled to have a .conveyance of tho land; (5) that defendants shall uso all reasonable means to have action against Mrs. Jones's representative, tried next March; and (6) that in case the defendants shall not tako all necessary stops within a reasonable time .to eject Mrs. Jones's representative the 'plaintiffs shall be entitled to £50 damages and the return of the £30 purchase money. . Tho question of costs was roserved. . ; . RESERVED JUDGMENT. CLAIM FOR COMMISSION. ' ' Reserved' judgment was delivered yesterday morning by His Honour Mr. Justico Button in the case in'which Stevens and Jones, land and estate agents, Otaki, claimed £273 15s. from S. S. Mason, farmer, Manakau : j as commission on the salo of a farm containing 365 acres, which was 1 purchased 'by Mr. Dougald Thomson at £30 por acre. , The case for the plaintiffs was that- they were instructed to sell the property and that, subsequently, through Messrs. Brophv and Mowlem, their sub-agents at Palmerstbn North, the property was sold. The defendant denied that he employed the plaintiffs, and set up 'ns■ his substantial defence that in the negotiations which took place concerning" the sftlo of his' land lie bejioved the' plaintiffs were seeking to purcliasef rom him on behalf of themselves or Bome'customer of theirs. He admitted, however, 7 .; that, ■ at' tho first interview, 'with plaiiitiff Jones, lie told Jones that he had. also land' at the." Hutt, niid ' that he might have told him that lie could get a buyer for it. i ' His Honour sajd ; that, in view of the direst conflict of evidence as to, the relationship'of tho. parties, tho. fact ..that the land at tho Hutt was mentioned and that Jones "wns told ho might find a purchaser for it threw, considerable light . .upon what,, transpired .at the interview, 'with' regard to tho. salo of, the land in guestion. ... Firstly, the Court gathered from it that Mason wns informed at 'that .interview of tho important, fact! (which ho denied ; hc was ,informed of) that Jones 'was a land agent! secondly, that, he know .that Jones had come oil purpose to got him to put his property in the hands of Jones and his partner Stevens for salo as. land agents; thirdly, that it was;as a land agent that he gav.e .Jones particulars lie did concerning the land to enable him to find a purchaser.

Continuing; His Honour said"M,v finding on .these important points (and which', finding is borne out by. othor evidence) en-' ablos mo. to, decide, that the defendant did employ the plaintiffs to find a purchaser as mentioned in their statement' of claim.'.-That-Mr. Thomson, the gentleman who'eventually purchased the , property, was introduced to the defendant through the instrumentality of the plaintiffs and thoir sub-agents does not admit of a doubt; and thnt the property was sold to him for the price mentioned is not disputed.. My judgment will, therefore, be for the plaintiffs for the amount claimed, viz., £273 155., with costs on'.this middle scale, and with counsel's fee Jor' one extra day."

MOTION FOR DISSOLUTION OF AN INJUNCTION. Tho hearing in connection with the motion for tho dissolution of tho' injunction obtained by Mrs. Field against Allan Maguiro and his contractor, restraining them from cutting into the bank at the . rear of the new Commercial Hotel on Lambton Quay, was continued yesterday morning before His Honour Mr. Justice Cooper. iMr. Skerrett, K.C. (with him Mr. Buddie) appeared for ilaguire and his contractor, tho original dofendants, in . support of the motion; and Mr. Bell, K.C. (with him Mr. Luckio) for Mrs. Field, tho original 'plaintiff, to oppose the motion. V Mr. Gerald Fitzgerald, C.E., engaged by the defendants in connection with the erection of tho walls to support tho bank, was further cross-examined by Mr. Bell. Tho further hearing was then adjourned until two o'clock this afternoon.

A COMPENSATION CASE.

EXTENSION OF KARORI CATCHMENT AREA. CLAIM FOR LAND TAKEN. Tho hearing . of tho case between Thomas Campboll, farmer, Karori, rind the City Corporation — a claim for £4500 as compensation for loss arising out of tho taking of 38 acres 2 roods 25 perches, being part of Section 2, Block. 6, Port Nicholson Survey District, for tho purpose of extending tho catchment area in connection with the Karori reservoir—was commenccd yesterday morning by a Court consisting of His Honour Mr. Justice Cooper (president), ! and Mossrs. T. Kennedy Macdonald (assessor for claimant)' and' C. J. Crawford (assessor for tho Corporation). ] Mr. Skerrett, K.C. (with him Mr. Johnston) appeared for tho claimants, and Mr. Gray (with him Mr. O'Sliea) for tho Corporation. Mr. Skerrett, in opening for the claimants, stated that part of tho land in question was situated .within. at least threo-quartei's of a milo by practically a metal road' from tlio tram lino to Wellington. Tho first piece consisted of 7 acres, and adjoining was n picco containing 1 aero 2 roods 16 polos. It was of peculiar sliapo, and was taken so as to inoludo all tho slopo which run towards tlio Kaiwarra stream. The pieco containing 7 acres was a particularly suitable site for dwelling-houses. 1 It sloped gently towards tho city, commanded a magnificent view, and was sheltered from tho north-west winds. Tho same could lie said of tho smaller piece, but for tho fact that it was a narrow strip. That fact, could not, however, influonco the Court at all, because, if tho Corporation choso to soparato it from the adjoining property, it must be treated as to its condition

at tho time it was taken. : Claimants/ therefore, suggested that that'pieoo- was-of 'tho'. samo valuo as tlio larger piccq.\ l lho.bal£ncp 1 . of tho property • taken-'Comprised -thirtyacres. It could be reached'via Campbell's Road, which could bo exterided:to tho southern extremity'of tho property; Tho land evi-' dently falls into tho gully-through which tho road was being constructed:'.' On': the east side of tho gully was a, pieco. of-land ron-; taining nine acres, which would make excel-, lent building sites. Part-.was ; hilly and-part; was flat, tho lattor fronting tho' road. -Tho. 1 balance of tho property taken, viz., 1 21 acres, was situated on tho west' sidfl' of the' proposed road. It was all of a hilly character,"' Counsel desired to'call attciitibntira' sale'pf; .59 ficres effeo'tcd by claimant 'after the prcS;, pcrty in question was .. taken by the Corporation.. This parcel cpA&iifed hilly country of very much tho saliio character as that within tho 21' acres just referred to. ; It was sold at tho rate of £190 per acre, and subsequently to tho Golf Club Syndicate at tho rato of £250 per acre. Tho,parcbl containing 21 acres could bo roaded: Claimant considered that tho pieco containing B.:abros ,2 roods was worth £300 per aero ;" tho'. piece containing 9 acj-cs, £250 per acrealia tho pieco containing 21 acres, £60 per His estimate ,of the real worth ,of thcr'property taken was £6000.: Pairviow ; was contiguous to' claimant's property,:" Had been subdivided and sold at an aver'ago.''price.' of £981 per ncro. Tho other sale relied on by claimant was that of the' Williams Estate/ situated north of Fairview, whichr.?had'!rcaliscd.£47o per. aero. i Evidonce'was given by 'Gebrg;e ,f; 'W'. "Brigham, A. C. Pearcc, A;. G; -Smith,Oir? Stevens, W. J. Monoghany ; and.' Ered."*Kil- ; minster. . •••; Mr. O'Shea,, on bohalf of the stated that the Court shoultK'take into "consideration tho'decision of; tho Compensation Court in .Fitchett's case concerning the!_!low values of sloping land for. residence;,sites, also the fact that claimants ahntys-ckhned a much larger'amount than tliey v \rero; orititled to. He submitted that there was not'no'w. such a great demand for suburban' land'- arid that a considerable period would'/'.'elaiJije before the land in question could"Cdftlpete -Ruth many other properties closer ;to the tram lines, and better served, by 3 th? .-roads. •The seven-acre section contiguous-' toji.tho,Fairview Estate was comparatively;.flat/ but! not noarly so level' as other, properties in the vicinity. , The smaller strip ■ftlongsid6> , yas; v he contended, not suitablo Eon building-sites/i Portion of ■the .nine-aoru.-blook;. was- also'.tobJ hilly to be classed' as a .resideiitiarWca. .Hb would call ovidencte to show'tha't'pfa'cticaHy the whole of tho twenty-one acre block was not suitable for building sites?? ItTwasiiiibt considered safe to'build on; slopes -which had a greater inclination than'ohq .in "five, yet the inclination of most of theVsiopes''''ih thb'.lastmentioned block was one' in/ three.,.j';|3,omo' of .the slopes were .so steep, that "it,'n-a.s..^Jrnp j st impossible to walk down 'them with, safety,, Tho land was not even suitable .'i-fqr..dairying, purposes; it might- do for sheep... His Honour: Do you wish ! ii.s "to, assess..the valup of this block on the; basis,j'tliat; it-MvjJl carry half a sheep to the acre? 1 "

Mr. O'Shea : No, Your Ilonbur.'/.Sny, on the basis of from one sheep and;ft' half to the acre. It is certainly not building; land/. r / '-v £«'• Evidonce. was given bv F. N. Martin/ James Aimes, and George Frost.' . -j -■ . .At; 6 p.m. the. Court adjourned .uiltil',;thi's ; ; afternoon. : -" ■

MAGISTRATE'S COURT.

. ■ (Before Mr. W. G.^ : Riddell,-SvM^3 The Magistrate's Court presented a 'Karq,' neglected appearance ' yesterday~ morning when tho presiding Magistrate tocfc -1113 seat upon the Bench. The Court lounger', who lias crowded behind the barricrHirlargo numbers :of latej was conspicuous- by; hie and soeincd to know instinct iliai 'there was nothing of iriterost in the day ?s proceedings. The charge shoot ! cbnfyns<y''three ■first offenders for drunkenness;Tono/ofcwh"oih was' also charged ivith damaging tho contents iof one bf : the Lambtiu'.Q.uav. r coll?,[j « .•One of the' first severely bkttorcd arid much-baiitlaged was - remanded until Satftr3ij-.]jor treatment, another tfjis: co'nvicfcfl' "and' discharged;;', Va : ■i An.'; named Franz Michallck who. broiipht!forward 011 ia chargo : .of 'insobriety andi'of. damaging* the contents of a'police "cell .flxteift (ft, 14s. • ' Defendant stood , ill'tji'e .'aQclt" J y^ith (>} . vacant stare, and paid no,' put by . the Court. "Do'Voti asked the Clerk, of the Court No 'i'fespbiisS came from the dock! "Ijfjs Worship.jvis|ws, to ' know, whether you plead ,guilty,. br'; not'.' guilty," said . Sub-Inspector I ,' O'Donoyoiri', 1 - .acln vaiicing on the puzzled ';tifffej\diJr.'. .''"Defiiii'd-; ant's fingers' went liis; rjdtouS, locks, and lie repeated We''wbi : 3';''drponk'!.-' several times. "Subsequently''"ft ''$3s' .eip' plained' that, lie was not-an" Eiiy.i:ihj*'sclipiili l , i , but co'nld speak' German "and would like. si', flormah. $Ie was adjourned, until to?Hfy%% !1 services of .an interpretedtvbs, sceilred.

HARBOUR -BOARpTENdINfeER.^

, ' A HIGH.' COHBLlA^''"'' V ;: VICTORIAN o;pvernMnt : -seeks his ' " ~" . A compliment of a : Vlsr;f.! practical nature has been paid to Mr. W?; 'Fferguspn,'Engineer to the Wellington Harbol:r''B(iartir The Yiq-.-torian" Government:'. '■ at Melbourne, anil Mr. jßWgusonjSvith' thy consent of the Board, |jSy. 3 a :! Melbourne for this purpolfe., 7rhe' ! ,l6ll'6<vuigl letter from, the Hon. TfJ..Boiit,,' ; ,Premier "ofVictoria, was read at yesterday!s. imeeting of■ the Harbour' Board:— .' < «n(* ••ml "This Government lias'jbt'en^jcgiittni-'l 1 , '-plating considerable changw-ttfthe 'P.ott'^,■ of Melbourne, and is aiixiouS'to° iphtaiiK''* tho services of a gentleman ,'frho° fca's Kad'"*'i wide experience in hatboii'r work;- fifej,. ' J t up.bn whose judgment and advice, as. to r J the improvements necessary' we' could rely. Knowing the stiiiVding" arid ability of your engineer, Mr. Fjpjcgysou,. Jl. , write to ask if your Board dan'see'its".' way to allow Mr. Ferguson loavo of absence in order that her.might come, to ■ Melbourne to 'make • ari'.'enquiryr aricT'go.',,carefully into the wholpl"qu^tjpii :i of4ipft*'V; improvement.. In my.. l it.,, jyoultl ■ bo necessary for him to' be here' ait', least, throe of four weeks,. acquire a proper grasp of thp.'sHuati'g'li,;'.. and this would ni'ean . aiV. Wellington of from five to six weeks." r , 1 understand that you have largo' works.', proceeding in Wellington at the present" time, and that Mr. Ferguson's with you may be highly 'necessary,' but-' I would appreciate any- effort on your part to meet the Government , in' tlifs ,' matter.—Faithfully yours, iThosc:Bcrit,>''v Premier." ' ' The letter was considered in. .cotflmitt'fe'c ' and on the Board 'rosunn.ifll that the Board had decided to accede to.thp' request of the ..Premier of Victoria, and that the arrangements would be'left to the chairman to make. '.. ..' ' The chairman (Hon. T: . K." Mabdotiald,'.' A1.1i.U.), 'said-: that the. letter , and,, reqriest of' the Prime Minister of Viqtpria' wero a ! very great compliment to " Ferguson's ability and professional . skill, , and showed, that his attainments were : held ~in ~ high' estoem far beyond the Dominion." This request, coming as it (lid from one- of,-the States of the Commonwealth, seemed to him to domand spccial recognition, as an honour to the Board's engineer and to the Bbard" itself. If it was possible to assist any part of tho great Commonwealth,' they should endoavour to do so, realising that New. Zealand was a part of Australasia," 'arid' 1 might, to extend a helping hand whenovor . there' was opportunity to do so. ' He purposed: to express theso sentiments in .y letter to Mr. Bent. ' : H •