A CITY PROPERTY.

Evening Post, Volume LXXVI, Issue 95, 19 October 1908, Page 8

A CITY PROPERTY.

APPEAL COURT'S DECISION. The Court of Appeal to-day gave judgment in the case of Harry Plimmer, actor, v. the District Land Registrar. Mr. Beere appeared for the plaintiff and Mr. Martin Chapman, K.C., and Mr. H. D. Bell, K.C., for the defendant. In this case JohnPlimmer, deceased, bequeathed to his grandchildren house frontageii to PJimmerV lane ; but the Land Registrar refused to register the transfer, on the ground that section 117 of the Public Works Act, 1905, provided that where land having' a frontage to an existing road or street of a less width than 66ft was subdivided, the owner should set back the frontage of the land 33ft from the centre of the line of road and dedicate to the public the strip of land so set back for the purposes of a street or road ; and that this provision of the Act had not been complied with. Mr Justice Williams, and with him Mr Justice Denniston, Mr. Justice Edwards, and Mr. Justice Chapman, concurred, gave judgment for the plaintiff, holding that the Registrar should be ordered to register the instrument iv, question. If the whole of the land had been in fact a separate area ib existence at the time of the passing of the Act of 1900 and the divisions had been made subsequently, it might possibly be contended that the .Act applied to any separate area in existence when the Act passed, but it could not apply to an area which ,had then ceased to -exist as a separate area. The different pieces of' land had been throughout' completely separated from each other. Moreover, his Honour, held that section 117 of the Public Works Act did not apply to gifts by will. xae Chief Justice (Sir Robert Stout) dissented. It was decided that, costs be fixed by the Registrar, and paid out of the insurance fund. Two charges, arising out of a midnight brawl, were preferred against Stephen Ilansen, at 'the S.M. Court to-day. The charges were of using obscene language and wilfully obstructing the police. Mr. Herdman defended. Constable Thomson deposed that while arresting a woman for drunkenness about 1.45 on Sunday morning, accused, who was among some others surrounding the woman, interfered unwarrantably and used the language mentioned in the information. Accused stoutly denied both charges. He and a companion happened to come upon the brawl suddenly, and took no part in the subsequent trouble. Hansen's companion tendered corroborative evidence. His Worship stated that there was an evident discrepancy somewhere, but on the evidence he could not convict accused. The information was dismissed. While watching the finish of the October Handicap at the Miramar pony races on Saturday afternoon, J. M'Gee. the well-known ' Poneke footballer and Wellington representative, somewhat elated at the victory of Veronique, of whom ho is part owner, was getting under the rail to cross the track, when the pony Dan O'Connell, hanging back in the rear of tho field, crashed "into him, fracturing his leg. The injured limb was placed in a rough splint and later M'Gee was removal to his homo by his brothers in a gig.