LAW REPORTS.

Dominion, Volume 2, Issue 587, 16 August 1909, Page 11

LAW REPORTS.

;;;: supreme court. . ■..'mASTEBTQN CLAIM Fon'COMMISSION. -.-. In'the Magistrate's Court case of Chentiulls .and:, . Col,-commission- agents,- Masterton, v. : :■' T.;.Vqrnoh: Smith, fanner, of Ekptahuna, n '■■ claims for ' £122: commission for selling the • defendant's-land/-Mr., W. 1 , .. James, S.M., had''ordered a nonsuit. An appeal from this .' 'decision was heard before hia Honour Mr. "■■Jtihtwo Sim in Banco on Friday -and Satur- ■"• dny. -. - : • ■ ■■■ ■~•"■.■■ ■ .' ■ Sir:-'Logan'(of Masterton) and Mr. Stout -appeared lor the nppollnnt, ami Mr, Holhngs .'. (of- Mastorton).'for tlto respondent. , A : preliminary objection was.raised fey Mr. Hollinga, who sitid that asthejudgment was one" of nonsuit on mixed questions of law and fact'i'htf'appeal could be brought. Ho quoted ' tho/caso of. Sinclair, v.' Cleave to support; this . contention. -" .'- . : His Honour upheld. this, objection, ami , •". struck' out' the appeal, with five, guineas costs, •'■ : to tho,respondent... . '.'.-. '.•■-,■;; -A .CIVIL." SERVANT'S APPEAL. •-. •"'■ ' A motion was submitted.to his Honour Mr. : Justicd Cooper in Banco on Saturday morning, for ft writ of prohibition a'n'd other relief irt the case of Arthur Broad Reynolds, a Civil--Servant;/ There had certain charges made against him, which were, made 'the ;subject of. inquiry- in July : last by a 'bdord:.'. consisting of Messrs. John August ■■/ Hutton and' Walter-Bowles."-'. ■' ' . ; Mr: E. 13. Williams and Mr:• H. H. Ostlor appeared for :Reynolds;-and. Mr. M. Myers ■: for • tho Crown, as represented by the board of inquiry. ■" . ■ _ .-.- - • v v The .statement of .claim. set out that' Reynolds'' had .served in a Government Depart* • nieht for. upwards of twenty-five ; years. Ho ■'•' wasentitled to tlie of the^super T ■amutation scheme,' and he claimed £750 as compensation on retiring through ill-health". .. :'. On Juno. 16' last, C.-S.- Nixon, ■■■ Collector of .Customs, charges agiiinst him: (1) 'th'dt ho was'absent without leave -from Julie 1; (2) that he had been guilty, of insobriety •,'■ and (3) that -.ho; had disobeyed ordors.'i He was liable to dismissal, from-. : the I Service,; .if, these charges Wero proved), A? board ofV-inquiry was setup, but, the plaintiff,, through'illness, was unable to •attend; its?sittings. Ho. appointed-as his re-' 'prosetitative Mr. Meredith, solicitor,/ whom, '-. the board -refused'to; hear. -The.inquiry pro* ."■ ceededwithout any evidence which-, tho plain-, tiff might- have givon in defence. .. ; : • : The motion'beforo the Court was that tho -inquiry- should be-set aside as illegal, null, - and void, "and -that-'any 'report drawn up by ' ■ the; board: for-submission to tho Governor , should be cancelled. . Plaintiff also , nsketi that.'his status as a,Civil Servant should bo declared to bo and that his ■ suspension, should, cease.' 'His Honour reserved judgnlent. •'" "■ COMPENSATION 'FOR ■ LAND,. TAKEN. : The ': claim of Josias Alex/ Chaucellor'M'Kl--downey against tho.- Wellington' Harbour Board,; for land'taken at. Evans ,Bay, was heard on Wednesday last beforo his Honour '"■ Mr. Justice, Sim, and.Messrs.'A. L. Wilson and'James-Loekio'.(assessors). : Tho claim ' was for the sum of £1500; ...,■'.'-■" .'.-■■ v '-■■: Mr.C.P. Skerrett; K;C;,' with him Mr. H. Budrlle, appeared for the claimant, arid Mr. T. S.;,Weston for tho' Harbour Board. .- In giving, judgment on Saturday morning, v<. .His; Honour said- that the , unanimous, <de- , cision. .of the Court was that tho respondent , corporation should pay to tho claimant the sum '.of £925; in satisfaction; of tho claim, ~-': and should;.also pay the claimant's costs,£Bl '. 95.).. : t Each; party would havo to.;pay tho costs of its own assessor) fixed at-£lO 10a. \. ■■

':, MAGISTRATE'S COURT.- :[ .'(Before; Mr.';W.- S;M.)t', : '■'■' i; : A;BAD :CASE; OF .:'..- . A rather,seriouslcharsb. of assault was pro-': , ferred. agairist Jas. .'Patrick'Hassett.' The evidence of, tiVoconstables-'n*s to tlie'cffeot that they';, Were sentto'warn Hassett about his behaviour:' After they had left the houco they Heard: HassetfModsing .'all the doors, and n - few' minutes- later heard 'obscene language • being used, blows boinr; struck and Mrs. Haa- . sett, screaming.for help. They knocked at the door, but receiving no answer burst it ■ \in Mrs. Hassett lying' on. the floor-with her mouth bleeding. '■ ■'-. . : - Onjtho charge of- Using obsceno-Jarigiiago .' accused avas sentenced to 21 days' '-imprisonment jV and, on tho.'oharco/o'f. assault to' sis "weeks' ■ imprisonment, t«rms to be concurrent. \ :■■ .VUNDERPROtOCATION. ,, y: . A;young rnan'named , Joseph Thomas-was ■ charged, with"-assaulting' Joseph M'Meikan. Ho pleaded.nbt guilty, stating that.M'Mcikan him'j so , ,at last'iho pushed, him away. His Worshijv .' rotriarkod that defendant ma;' have had some • ;profdcation, but if so, ho had his: proper, remedy; and ho should not havo taken the law , into his own-hands, tHo convicted and fined 205., in default seven days' imprisonment.: .;.: -.;.-' . ;•,.,;•":.■■ ;. ' ■^■^CHAI^E'wiTTriDEAWN^ , '." ' ' ■.'■-.- Tlieychargp- against Wni..'Jas.. Howard of Btoaling : carpenter's .tools,: valucd» at Us., . the property of vfHtev/art ;and'-i Co., was -withdrawn' by leavq-vof Court. .-.; ; .■■■;;.',. ■■'. '- ! .-'.'. ■■"■" : .:-."' INSOBRIETY. , ; ;■, ; \ Olio first offender for insobriety was con- .',■■■ victed and discharged, -two' others -were fined 55., arid 10s. "respectively, in, default \,2i hours' : imprisonment, ; and a fourth was remanded ..-to\- Augilst'. 21 for -medical ."trea't- -.' rnent.'. , .-.--'-" 1 ■'■.'■''■' ''.'• ".-. . ."-.... ■'• / ';".:. ~'