COURT OF APPEAL.

Evening Post, Volume LV, Issue 102, 2 May 1898, Page 6

COURT OF APPEAL.

This Day. a qtjestion of lease. A case considerably affecting the Borough of Timaru came on for argument this morning before the Chief Justice, Mr. Justice Denniston, Mr. Justice Conolty, and Mr. Justice Pennefather. The facts are shortly that in 1879 a reserve of some 2000 acres in the Provincial District of Canterbury was granted to the Corporation of Timaru as an endowment in aid of the borough funds. The Corporation in 1881 leased the reserve for a period of 28 years to Henry Hoare, now resident in England, at a yearly rental for the first seven years of £300, for the second seven of £500, for the third of £750, and for the last seven of £1000, the rent to be paid half-yearly in advance. By a deed of settlement made in November, 1891, Henry Hoare conveyed substantially the whole of his property in the colony, including the corporation reserve lease, upon trust to Alfred and Charles Hoare, who were to pay out of the profits and income all rents and other expenses. The memorandum of transfer, however, though registered, was not signed by the assignees. At the expiration of the two first periods of seven years the defendants refused to pay rent, whereupon the corporation distrained, and the halfyear's rent due in advance was paid ; but afterwards the defendant ceased to occupy the reserve, and declined to pay any further rent. They subsequently removed their stock from the reserve, and fenced it off from their adjoining property. The Court is asked to decide in the first place whether the Corporation was entitled to the reserve at the time of the lease, and had the power to lease and enforce provisions of same ; next whether the lease is binding on the defendant, Henry Home, and his assigns ; and whether it is valid wholly or in part, or was a tenancy created" by estoppel, or implication, or otherwise after the execution of the lease; whether the defendants Alfred and Charles Home, as assignees, are personally liable* to the Corporation for payment of rent and observance of the covenants under the lease ; whether under the deed of settlement imy primary or other trust in favour of the Corporation is created for payment of rent out of profits and income arising from the trust estate, whether the defendants are liable for payment of the rent sued for (£375), and what sum, if any, is recoverable by the Corporation from them. i Messrs. U. D. Bell aud Kinnerney appear for the Corporation, and Sir Robert Stout and Mr. Hay lor the defendants. The case is likely to last some time.

The funeral of the late Mr. Maskell will take place at 8 to-morrow morning. Mr. D. Hall, City Missionary, thankfully acknowledges the receipt of the following contributions in aid of the mission for April :— W.C. and G.K., £2 ; Mrs. M'Lean, £1; D. Anderson, 10s; J.T., £1; Mr«. Dufcton, Cs ; W. F. Barraud, £1 ; Mrs. Cook, 10s Gd; C.W.L., ss; also clothing left at Queen's Chambers and from J. M'Gowan, and literature from Mrs. Gibson. Mr. Hall has 'constant applications for boots and clothes.