LAW REPORTS.

Dominion, Volume 2, Issue 316, 1 October 1908, Page 4

LAW REPORTS.

SUPREME COURT. IN BANCO. MOTION TO ENFORCE INJUNCTION. The'case of John Lockwood and Henry Inman v. George David Jones was mentioned before tho Chief Justice (Sir Robert Stout) yesterday. This was a motion to enfore an injunction granted at Wanganui. His Honour said that as Mr. Justico Cooper, who granted tho injunction, was more familiar with tho facts the hearing would bo adjourned until Monday next, when he would bo able to take the case. Mr. Bunny appeared on behalf of the plaintiffs, and Mr. Fell for the defendant. EASTBOURNE BOROUGH v. HUTT COUNTY. ADJUSTMENT OF ACCOUNTS. Argument was heard yesterday by the Chief Justice (Sir Robert Stout) with respect to tho matter of the adjustment of accounts between tho Hutt County Council and tho Eastbourne Borough Council. Mr. Bolton (with him Mr. Luckie) appeared on behalf of tho Eastbourne Borough, and Mr. A. do Brandon, for tho Hutt County. Tho facts, which were statod by Mr. AV. S. Short (commissioner) set forth that tho Eastbourno Borough, prior to its constitution in April, 1900, formed part of the Wainuiomata riding of .tho .County of Hutt. No agreement in regard to the "adjustment of property, liabilities, contracts, and engagements as provided by Section 183 of the Municipal Corporations Act, 1900, had been arrived at. Some years prior to the constitution of tho borough tho coimty acquired ft'sito. for offices in tho City of Wellington, and arranged for tho erection of buildings thereon. The county affirmed that the outlay was met by the proceeds of tho salo of land at tho Hutt which had been reserved by tho Government as a site,- and the balance was being paid by instilments' extending over a term of twenty years from the year 1900. On the other hand, tho borough claimed that the site and buildings were assets divisible between the respective parties, and that such division should bo of a value based on the samo proportion that the capital value of the present area comprised in tho borough bore to that of the whole of the county at tho date of its severance of the borough from the county.' Ho (tho commissioner) ruled that even supposing it wero equitable that tho - borough should get credit for its sharo, Clauses 2 and 4 of tho Regulations datod September 24, 1902, wore apparently a bar to that, as they seemed to provide for tho real and personal property being themselves divided in specie, and such division was in the present caso so extremely difficult as t-o bo almost impossible. The audited accounts of the county, continued tho commissioner, showed that all money collected as separate rates from tho Wainuiomata riding had been expended by tho county, but tho county admitted as thcro was a balance which had been since collected, and which was now admitted as assets available for adjustment. Tho balancesheet of tho county for tho year ending March 31, 1906, showed.no such amount as then available for expenditure in the riding. The borough proposed to examine tho accounts of tne county with a view of inquiring . whether any, and if so, what portion of either the separate or tho general rato had been expended since March 31, 1904, in tho portion of the county now forming tho borough, but ho ruled that 110 had 110 power to inquire into the accounts for previous years, seeing that they had boon certified as correct by tho Auditor-General. It was necessary to ' sta'to that tho county, up to March 31, 1904, levied in the riding a separate rate and a genoral rato. From April 1, 1904, tho .separate rate was discontinued, and. tho county levied ill the riding a general rate alleged to be equivalent to tho old separate rate and general rates together. At March 31, 1904, the county balance-sheet showed that tho county held to-the oredit of the riding tho sum of £520 collected as.separate rates, and that outstanding separate rates subsequently collected brought the credit up to £588. Tho borough also alleged that from April 1, 1904, till March 31, 1906, the county collected in tho riding general rates amounting to £2180, .and that during that period it expended over tho whole of the riding the sum of £1064 only, but that was not admitted by tho county. Tho borough claimed— (1) A proportionate sharo of tho office sito and buildings or its equivalent in money. (2) The sum of £350, being a proportionate part of the sum of £588 which had been collected by the city as a separate rato from the riding; and (3) An equitable proportion of tho general rates from the riding from March 31, 1904, to March 31, 1906., . ' Tho city denied liability save in respect to so much of tho claim No. .3 as related to general due, but uncollected on March 31, 1906, and except the balance of separate rates collected' sinco tho inception of tho borough. Following wore tho questions for the determination ot tho Court: — (1) Must tho land and buildings be of necessity apportioned as assets between the borough and county, ■ assuming that- tho borough was found to bo equitably entitled to an apportionment? If so, upon what'basis and in what manner, that is to say, in tho event of it being found that any part of tho property should bo 'awarded to 'the borough, has the Governor authority to direct that tho county shall pay to tho borough a sum equivalent to tho part awarded, or must the part so awarded- be conveyed in specie or by way of undivided interest or otherwise P - (2) Is the Governor in making the adjustment bound by the annual accounts in the riding or ridings of tho county affected by tho constitution of the borough which have been duly certified as correct by. tho Auditor-General, or could ho or should ho examine into tho accounts as contended by the borough in its claims numbered 2 and 3? Upon the conclusion of argument, his Honour said that ho had 110 doubt on the points at issue. With regard 'to the first question, he found that tho site and offices were assets which it was right should be considered by the Governor in making tho apportionment. Therefore, the first portion of the question must bo answered in tho affirmative. As to tho manner of apportionment, it would be necessary first of all to get a valuation of tho property, and tho borough should then be allowed a sum equivalent to its proportion. With respect to tho next question, if it turned out that all the money in question had been spent 011 county roads, as tho general accounts show, and that there were 110 district roads, and that at the end of the year there was 110 apportionment to bo made because all the money had been spent under Subsections 1, 2, and 3 of Section 145 of tho County Act, there was nothing to be allocated. However, if it turned out that there was money over tho borough was entitled to its sharo. Tho question of costs was left to the commissioner.

MAGISTRATE'S COURT. POLICE CASES. (Beforo Mr. W. G. Iliddell, S.M.) ALLEGED ASSAULT AND ROBBERY. Patrick M'Gill, remanded from last weel<, was. brought forward in answer to a cluirgn of having, on September 21, at Wellington, assaulted and robbed one, Henry AVebberloy, of tho sum of £'20. On the application of the noliec a further remand was granted until Monday next. Bail was, allowed in the sur.i of £50 and two sureties of £25 each. Mr. Jackson appeared for defendant. INSUFFICIENT MEANS. An elderly man named John P.vke appeared in answer to a charge of being an idle and disorderly person within tho meaning of tho l'olico Oflenccs Act, 1008, in that

lie lias insufficient lawful means of support. Hvidonee was given by the polico that accused had been sleeping out at night in timber slaclis in vacant sections, lie had been cautioned about his mode of living, and as l'ar as was known had done no work for the past year. Accused admitted that ho had asked people for money, and that lie had been sleeping out, but said lie was down on his luck, and would he alright if given a chance, as ho had an interest in a property in Hill Street. His Worship ruled that accused must bo convicted, but remanded him until Friday for sentence •to enablo the police to make inquiries about the property. CHARGE OF ILLTREATIXG A CHILD. George Edward Smith and Chailotto Elizabeth Smith appeared 011 a charge of having, between October 19, 1907, and February 1, 1908, at Dunedin, illtreated a certain girl under the age of 1G years. On the application of Chief-Detective M'Grath accused were roinandcd to appear at Dunedin on October 3. MISCELLANEOUS. Edwin Foulds, deemed to be an habitual drunkard, was convicted and sentenced to 21 days' imprisonment. Two first offenders were each convicted and fined 55., in default 24 hours' imprisonment.. BY-LAW CASES. \ Patrick Cavanagh was convicted and fincrl 40S. and costs £1 Bs., in default seven days' imprisonment, for permitting 20 sheep to be at. large 'on a public' place at Khandallah. Alice Rickman was convicted and fined 10s. and costs £1 16s. for allowing 12 cows to graze in a public place at Karori. Thos. Kelly was convicted and fined 20a. and costs £1 Bs., in default seven days' imprisonment, for failing to keep taps connected with tho waterworks in good repair. Lionel Brown, charged with leaving a vehicle without a light in a public street, was convicted and fined 20s. and costs 75., in default seven days' imprisonment. On a second charge of leaving a vehicle without some competent person in charge, the same defendant was convicted and ordered to pay Court costs, 7s. ALLEGED UNLAWFUL ASSAULT. John Butler was further remanded until Wednesday next on a charge of having, on September 17, unlawfully assaulted Anton Larsen so as to cause him actual bodily harm. Bail was allowed in the sum of £30, and two sureties of £15 each. Mr. P. Jackson appeared for accused. MOUNT COOK POLICE COUItT. At the Mount Cook Police Court, before Mr. Thos. Bland, J.P., Caroline Smydth was fined 10s., in default 48 hours' imprisonment, for drunkenness. For a similar oft'enco William Smith was sentenced to ono months' imprisonment. Ono first offender was convicted and discharged.