PETONE AND HUTT.

Evening Post, Volume LXXVI, Issue 142, 15 December 1908, Page 2

PETONE AND HUTT.

COURT CASES. Before Dr. M' Arthur, S.M., and Messrs. Inglis and Short, J.P.s, at a sitting of the Petone Court, held yesterday afternoon, Thomas H. Harley was charged with cutting down •* railway fence. He pleaded! not guilty. Police-constable Cox, while stating that there was no suggestion that the fence had been wilfully cut, said that defendant had said it was cut,' and would be cut again, until a 7-foot close-boarded fence was erected by the Railway Department, which had previously promised to do the work. Defendant conducted his own case, while the Railway Department was not represented. The case was dismissed. A civil suit was heard, Charles L. Evans v. Frank and Isabella Angus, coal dealers, in which plaintiff claimed £50 for breach of partnership. Plaintiff, represented by Mr. J. J. M'Grath, deposed that some four months ago he left a permanent position to work for defendants, on the understanding that he received a weekly wage of £2 8s and a fourth share of the profits. In return for this, plaintiff, who contributed no money to the ousiness, gave his active services, combined with a general knowledge of the wood and coal business. Under his supervision, he contended the business had increased, but on the 16th of November he was summarily dis--missed._ Previous to this, bill-heads had j been distributed under the heading of Angus and Evans. The partnership, however, was only a verbal one. For the defence, Mr. P. Jackson contended that plaintiff must be non-suited on his own j statement of claim, seeing that any verbal partnership of an undefined time could be legally terminated at any time by either of the partners, without any breach being committed. Therefore, as there was no breach, there could not be any action sustained for damages*. Dr. M 'Arthur upheld this contention, but while granting a non-suit, intimated that there was nothing to prevent plaintiff taking action for the recovery of his alleged share of profits. Costs amounting to £4 13s 6d were allowed against the plaintiff. At a sitting of the Upper Hutt Magistrate's Court, held yesterday, before Dr. M'Arthur and Mr. P. Davis, J.P., Daniel Tekolte was charged with assaulting John Ruben, a Maori. Plaintiff was represented by Mr. Toogood, and defendant by Mr. Jackson. Defendant was fined 20s and 29s costs. In the case of H. Benge and E. Smith v. A. T. Childs and Mrs. Chiids, claim £17 for damage done to plaintiff's trap through alleged negligence of defendants, decision was reserved, until 17th December. Mr. Jackson appeared for the claimants. Mr. Webb, for the defence, contended that there was contributory negligence on the part of Smith, and further tnat. Mrs. Childs was not to blame. There have been 034 house connections made with the Lower Hutt borough water mains, ana an extension of another water main along Riverbank-street has just been completed. At a meeting of the Lower Hutt Borough Council last evening, a petition signed by eleven ratepayers of Normandale, asking for a supply of water to their premises, received consideration. The engineer was instructed to furnish a report on the matter as soon as possible. Satisfactory progress has been made at the Lower Hutt with the Wakefieldstreefc septic tank. The Borough Engineer, Mr. Rix-Trott, last evening reported that the outfall main from tank to river had been completed with the exception of the last, length ol pipe Tito Gazetted announcement that the new Tramway Board would 'meet' on the. same - night a^ the day of election (2nd February), appears to have been made in error. The board will meet on 16th February. The Hutb Council was willing, if Petone would agree, that the Hutt Park Committee should appeal from the Supreme Court's decision regarding an old liability of the late trustees, but Petone came to a contrary decision. MISCELLANEOUS ITEMS. An additional batch of thirty replies to the Petone Borough Council's circular to all the local bodies in New Zealand) urging amendment of the law in regard to rates on Government land in municipalities, has been received. The replies have all been favourable, promising assistance. The advisability of installing a Pelton wheel for ringing the firebell at the Lower Hutt is at present receiving consideration by the Hutt Borough Council. Last night the engineer, Mr. Eix-Trott, was instructed to report on tne proposal. , With the object of assisting the Petone Council to house any exhibits it might have, and to form the nucleus of a borough museum, Mr. R. H. Wilson wrote to the Petone Council last evening offering to provide a glass case 7ft x 4ft. The offer was accepted with thanks. A survey has been made and levels taken for the proposed open drain on the Middlemarsh Estate, Lower Hutt. Mr. Rix-Trott last evening reported to the Hutt Borough Council that it was proposed to give a fall of 4ft for a distance of 2098 ft, and from thence to clear the lagoon on a defined line a distance of 1557 ft to the bridge near Mr. Leignton's, White's line east. The total amount of excavation was 2510 yds. There would be twenty-eight chains of fencing to erect. The engineer estimated that the work could be carried out for the sum of £217 18s, and strongly urged the council to undertake the construction of the drain. The report was adopted. Owing to ill-health, Mr. George M'Callum has resigned his ' position on the clerical staff of the Petone Borough Council. At a meeting of the council, Mr. M'CaMum, whose resignation was accepted vith regret, was given a> month's leave of absence on full pay. Gear Island was under consideration "by the Hwtt Borough Council last evening, when a committee reported againtft a proposal (by way of petition) to include the island in the borough of Petone. Councillor Ward thought that the decision of the committee was very unwise. Councillor Russell explained that if the petitioners in question were successful, the Petone Borough would become contiguous to the Hutt Borough on that side, and then there would ue nothing to prevent a further absorption by wj-y of petition. Councillor' 'Ward again criticised the action of the committee, whereupon a councillor told him I lie must remember that other jnerabers had intelligence. The committee's action was approved. I The following is the text of a resolution passed by the Petone School Committee, am' which Mrill be) forwarded to thf> various school committees in the Wellington district, and also to the membfrs of "Parliament for Mamiwatu, Otaki, Suburbs, and the Hutt : "That, when cadets are^in cpmp, parents find it considerable hardship when called upon to ■contribute money for their keep, and as the boys are giving their services for the good of tiie country, we ask that they have the same concessions and privileges as given to volunteers." The Mayor of Petone, Mr. M'Ewan, intends to enquire from the Government the reason why ordinary and special mail "trains do not at present stop at Petone.