SUPREME COURT.

Dominion, Volume 3, Issue 764, 12 March 1910, Page 10

SUPREME COURT.

CITY BOUNDARIES OF LONG AGO. WINGFIELD STREET FRONTAGES. Dispute having arisen'as to the ownership of certain land fronting Wingfield Street, a case to test the rights of those interested was brought before the Chief Justice, Sir Robert Stout, in the Supreme Court yesterday. The action was brought by the Mayor, council, and citizens of Wellington (plaintiffs) against Mrs. Italia Corich and tho Government Insurance Commissioner (defendants). Mr. T. F. Martin and Mr. J. O'Shea (City Solicitor) ap-. peared for the plaintiff corporation; Mr Martin Chapman, K.C., appeared for the District-Laud Registrar; Mr. R. C. Kirk for the Government Insurance Commissioner, aud (with Mr. E. Levvey) for Mrs, Corich. In their: statement of claim, the City Council set out that Wingfield Street was a'public street situated on Sections 534 anil 535, between 29 and 30 feet in width, and vested in fee simple in the plaintiff- corporation as a city street.. Mrs. Corich, was registered as the proprietor of an estate in fee simple in part of Section 534. Tho land was subject to a mortgage, dated October 6, 1908, from Mrs. Corich to the Government Insurance Department, to secure .£650. The corpora-, tion claimed that a 4ft. strip of land 'hall been included wrongfully and without authority, in the certificate of title. It was claimed that this land, although now fenced in,'- was . really: part. of the street. The council alleged that tho fence on the northern boundary of Mrs.. Corich's section was wrongly placed. They set out further that they had requested Mrs. Corich to admit that the land had been unlawfully included, but sho had declined to make such an admission, retaining possession of the land, and claiming a title to it. The council alleged that.Mrs. Corich had wrongfully taken •' possession of the land, and they made tho following claim:—(l) Possession of the land in question; and (2) that the certificate of title be corrected by excluding' therefrom the portion of Wingfield Street in question, and that the District Land Registrar be ordered to require the certificate to be delivered up to him for that purpose. Tho defence set up was that Wingfield Street ; was not. a -public- street,- vested in the corporation;,thnt.the.land in question had been rightfully included in'tho certificate; that the fence stood on the correct boundary; that unlawful possession had riot been taken; and that the land was not part of a. public highway. The defence of the Government Insurance Commissioner relied upon the.registered mortgage...

■ Mi. Martin said that the alleged encroachment was made as far back as 1859. . Only one of the purchasers had kept his lence hack to, the proper line, and that section, originally purchased by Mr. Smith, had become tho property of Mr, George Bolton. His* Honobr remarked that the whole question seemed to bo whether this land was a dedicated highway in 1859. After-• hearing lengthy argument his Honour reserved his decision. ' ' LOSS OF THE DUCO. ' COMPENSATION CLAIMS. . .Mention, was made yesterday.in...the Supreme Court (Admiralty 'Jurisdiction) of the compensation claims against..the Wel- : lington Harbour lferrics, 'Ltd.," in connection with tho loss of the steamer Duco. The claimants all allege tnat liie Terry Company dispatched ,the I)uco to sea in an unseawortliy condition, whereby loss of life occurred. ;■

1 The company,; who are defendants in the actions to'come on for hearing, applied to the Chief Justice, , under t'li'e Shipping and Seamen's Act, to limit the company's liability; to ..<Bl5. per;-ton,-and to stay, all proceedings in the : iSupreme Court until the Admiralty Court had decided whether or not the Duco was lost: through the owners' actual fault or privity, upon which question the right to limitation of liability, to £15 per ton depended. ■ : Mr. A. Samuel appeared for tho Ferry Company; Mr. T. Neave appeared. for Ellen Lang Tucker Waddilovc, William Wardrop Waddilove, and Elizabeth Jano Menard; Mr; C. H. Treadwell for the Public Trustee; Mr. A. Gray for Mrs. Abramj and Mr. P. J. O'Regan for Emma Sellstrom, of Sydney. 'Mr. Neave stated that it was' a condition precedent to the right of the plaintiff company to go into the'Admiralty-Court that the -company" should;- admit iliability. Ik their petition ths company had denied all liability whatever, -vJio contended'that before the petition could be delivered,, as was sought, the denial of liability should be withdrawn.' "They, are making the Workers' Compensation Act a stalking horse to baulk our rights," added Mr. Neave. : 1 The motion was adjourned by the Judge until to-day, in order that counsel for the Ferry Company might decide whether he would accept the amendment of the denial of liability.'

BANKRUPTCY MATTERS. At a sitting in Bankruptcy, the Chief Justice presiding,- application was made by John Morris 1 Schapiro, furniture manufacturer, for his discharge. The Official Assignee reported that a motion was coming before the Court in regard to a preference claim, and until that had been disposed of he would recommend that the discharge bo withheld. Mr. P. Levi, for tho bankrupt, remarked that twelve months had elapsed since the filing, and naturally bankrupt was anxious to have his discharge as soon as possible. Consideration of the application was deferred until the next'sitting of the Court;" A discharge was granted to. Jacob Nathan Isaacs, photographer, who was represented by Mr. P. Levi, no opposition being offered by the Official. Assignee.