LAW REPORTS.

Dominion, Volume 2, Issue 473, 3 April 1909, Page 12

LAW REPORTS.

COURT OF APPEAL. YESTERDAY'S PROCEEDINGS. LEASE OF A FARM. Further argument was heard in the Court of Appeal yesterday with respect to the case of Crespin Parker (appellant) versus Reginald Palmer Grevillo aud Mary Jolly Edwards (respondents).

Mr. Skerrctt, K.C., with him Mr. Johnston, appeared on behalf of appellant, and Mr. D. 51. Findlay, with him Mr. J. L. Stout, for the respondents. This was an appeal from a judgment delivered by Mr. Justico Chapman. Tho facts wcro that appellant lensod from' respondents a farm at Silverstream containing 231 acres. Thero was a covenant in tho lease (which was for nino years, from March, 1899), that appellant might secure a renewal of tho term provided that lio had given six months' notice of his intention, and should have performed his covenants. It was provided in tho loaso that appellant should keep the premises and fences in good repair, insure the' buildings, grub up and eradicate all sweet-briar and tauhinu on tho farm, and not allow gorso to grow thereon. On tho • ground that ' appellant had not duly performed the covenants, respondents, who held tho land as trustees, refused to grant a re-, newal of tho lease. Appellant then brought" an action against respondents for specific performance. Mr. Justice Chapman . held that, upon the evidence, appellant had substantially broken the covenant to eradicate the tauhinu, and refused to grant specific performance. From this decision an appeal was now brought. Argument was not concluded when the Court adjourned until 10.30 o'olock on Monday morning. MAGISTRATE'S COURT. (Before Mr. W. G. Riddell, S.M.) A CHARGE OF THEFT. A girl eighteen years of age pleaded not guilty to a charge of having on March 10 committed theft of a watch valued at £2, tho property of Gertrude M'lnornoy. On tho application of Chief Detective Broborg, a remand to Monday noxt was granted. Bail was allowed in ono suroty of £25. Mr. Meredith appeared for accused. "A DROP TOO MUCH." Patrick Kelly, a young man, pleaded guilty to having boon found at 1.50 yesterday, morning without lawful excuse in an empty house in Forester's Lano. Accused accounted for his presence in tho house by the fact that ho had had a drop too much drink. If he was given a chance ho would got out of the town at once. Uo had no money, but would walk out of tho town. His Worship convicted ircuecd and ordered him to come up for sentence when called on, warning him that bo would Lave to get out of the city within 24 hours. IMPROPER LANGUAGE. A younjr man named Alexander Moore, charged with using obscene language in Grey Street, was convicted and fined £5, in default 21 days' imprisonment. It appeared that accused was walking along the street when an altercation occurred and the language was used. Win. Donovan, defended by Mr. P. W. Jackson, was convicted and fined £5 on a--charge of using obscene language in Adelaido Road. Costs 6s. wore allowed, and defendant was given 24 hours to pay tho fine. THE WILLIS STREET SCENE. A burly-looking tailor named Chas. Emerson, a recent arrival from Sydney, pleaded guilty to a charge of disorderly conduct in Willis Street whilst drunk, and also to having used obscene language. ■ - It appeared from the statement made by tho police that accused went to his employer's shop whilst under tho influence of drink, and became abusive, and took a coat from tho shop. A constable was called in, and persuaded accused to return tho coat, after which accused used tho language complained of. Ho then behaved in a very disorderly manner and resisted tho policoman. Accusod had only arrived from Australia eight wooks ago. f On tho first charge he was convicted and fined 205., in default seven days' imprisonment, and on tho second chargo ho was convicted and fined £5, with the alternative of 21 days in gaol. CLEARING RABBITS. Herbort J. Jillefc (Mr. Montcath) was charged, on tho information of James Halligan, stock inspector (Mr. Webb), with failing to tako steps to reduco tho rabbits on his property at Titahi Bay, after- having reoeived notice to do so, under the llabbit Nuisance. Act. After a lengthy hearing, bis Worship held that the defendants had taken some steps to rid his property of tho pest, and dismissed tho information. OTHER CASES. Wm. Mackay, charged with insobriety, was convicted and fined 10s., in default 48 hours' imprisonment. Violet Paton, alias Frazer, was again charged with insobrioty. Accused was before the Court on Thursday, whon she was charged with habitual drunkenness, and was givon a clianco to go to her parents' homo in tho country. When sho was allowed to go' and collect her goods and money, she again got under the influence of liquor. On the first charge, accusod was convicted and discharged, and on tho second chargo she was sentenced to two months' imprisonment. One first offender, charged with insobriety, was fi,ned 10s., and another was fined ss. A middle-aged woman named Jeanuio Cairns, who pleaded not guilty to a charge of importuning, was sentenced to ono months' imprisonment. Accused said sho would get out of the town if given the opportunity, but sho preforred not to go into the Salvation Army Homo. BY-LAWS. Albert Crampton, charged with leaving a vehicle m Grey Street, so that ho had not full control of it, was fined 205., and costs 7s. CIVJL BUSINESS. (Before Dr. A. M'Arthur, S.M.) FAMILY TROUBLES. Alice Mary- Hester (Mr. Herdman) sued Ernest Ik Hester, coachbuilder (Mr. Bolton), tor possession of a lady's bicrclo, or £15 in case possession could not bo obtained. Defondant counter-claimed for £15 65., beine £15, amount alleged to bo owing for board and lodging, and 65., money alleged to havo been out. As a further cause of actioon, defendant claimod a wardrobo, valued at nf pv; r ' } l possession, tho sum or .112. After hearing evidence of various transactions of a family nature, his Worship gave judgment for plaintiff for tho return ot the bicycle within 48 hours. On tho counter-claim, judgment was also given for plamtill, with costs £2 Bs.