LAW REPORTS.

Dominion, Volume 4, Issue 1082, 22 March 1911, Page 3

LAW REPORTS.

SUPREME COURT. LAW POINT IN CHAMBERS. An interesting point of law which had arisen preliminary to the action Robt. Hunt v. Robt. ArchibaM Hc-arn. was argued before the Chief Justice (Sir Robert Stout) in Chambers yesterday marning. ■ The position was that a mortgage for .£1(100 (arranged" between tha parties) had been drawn up in the form usually adopted in conveyances in Wellington. Provision was made that the money should Ire paid within three months from the date of the mortgage, a proviso being adder! that, if the interest were promptly paid, and tho terms of the mortgage kept, the tho mortgagee should not call in the. principal before December, l!) 10. The question was: Whether the term of the mortgage was really three mouths or three years. Section 68 of the Property Lav Act, 1908, provides that, if interest is accepted by the mortgagee after the term of the mortgage has expired, the mortgagor is entitled to three mouths' notice before the mortgagee can call up the principal. In' this case the mortgagee issued a writ for the principal without giving any notice. ' His Honour reserved his decision. Mr. A. Gray appeared for plaintiff and Mr. 0. Bccre for defendant. THE PROGRAMME QUITE FULL. TODAY'S BUSINESS. ; The case, Wellington City Council v. the Karori Borough Council, an application for a declaratory judgment determining certain questions arising out of a financial adjustment between the city and the borough, and the case Wellington City Council v. Joseph Jas. Moore, of Maranui, carrier, an application for an injunction to restrain defendant from committing a breach of the by-laws, will be heard before the Chief Justice this morning. At 11 o'clock Mr.. Justice Cooper will deal with an orginating summons, in the matter of the estate of Herbert Hill, deceased, to approve of a conditional deed of partial distribution of the estate. At 2.15 p.m. Mr. Justice Cooper will hear an appeal from the magistrate's decision in the case of the Police v. Marshall John Donnelly. The latter, at the time at which he was licensee of the New Zealander Hotel, was convicted of having allowed liquor (purchased before the hour of closing), to be consumed on the hotel premises after hours.