LAW AND POLICE.

New Zealand Herald, Volume XXVI, Issue 9498, 17 October 1889, Page 3

LAW AND POLICE.

SUPREME COURT.CiviI Sittings. Wednesday. [Before His Honor Mr. Justice Conolly.] ' DONALD FINLAY9ON V. THE HOIiSON COUNTY

COUNCIL AND OTHEKS. This was an action brought by the plaintiff against the Hobson County Council, the Registrar of the Supreme Court, and Duncan McDougal, claiming to have a certain deed of conveyance cancelled, and £200 damages. Mr. Theo. Cooper appeared for tlie plaintiff; Mr. Hesketh, instructed by Mr. Mackechnie, for the County Council, Mr. Button for the Registrar, and Air. Cotter, instructed by Mr. Brock, for Duncan McDougal. The case was heard at the recent civil sittings. The action arose out of the sale of a certain block of land, 41 acres, in Kaipara, for non-payment of rates. The land in question was owned by the plaintiff, who paid the rates 011 it, but by an errpr the name of T. Motion Oliver also appeared on the rate roll of the county for the same land, and as he had not paid rates the county clerk sent a certificate to the Registrar of the Supreme Court, who caused the land to be sold by auction. It was purchased by McDougal, who obtained a deed of conveyance from the Registrar, and this deed it was now sought to have cancelled. After hearing the evidence and arguments of counsel, His Honor then reserved judgment, which he now delivered. His Honor entered exhaustively into the case, and the authorities quoted by counsel. He pointed out that all the proceedings, from the first, were bad, and decreed that the deed of conveyance to McDougal be delivered up and cancelled, and that the registration of the deed be also cancelled, that the Hobson County Council pay to the plaintiff £50 damages with costs on the lowest scale, and costs for two additional days at £15 15s each ; also that the County Council pay McDougal's costs with two additional days' costs, at £15 Ids each, and that plaintiff pay to McDougal the sum of £50 compensation for the improvements he had effected. Mr. Cooper applied for the costs of second counsel, £3 3s, for one day, and this His Honor allowed, remarking that the claim was a reasonable one. GEORGE WILSON V. HUGH 51ACKY.

This was an action brought to recover the sum of £200 damages for injury done to plaintiff's land. Mr. Theo. Cooper appeared for the plaintiff, and Mr. Button for the defendant. ; The case was heard at the last civil sittings, when judgment was reserved. The plaintiff and defendant own adjoining allotments in Nelson-street, and the defendant excavated his allotment, with the result that a portion of the plaintiffs allotment slipped into the excavation. His Honor had visited the place in company with counsel, after which the evidence was heard. His Honor now delivered judgment for the plaintiff for £20 damages, and costs £3 3s, and costs out of pocket.

In Banco.

WAIKATO COAL AND .SHIPPING COMPANY.

This was a motion to settle the list of contributories to this company, which is in liquidation. Mr.. Theo. Cooper appeared for the official liquidator, and said that owing to the unavoidable absence of Mr. Hesketh he would ask that this application might stand over till Friday, after chambers. Mr. Button, who appeared for the principal creditor, consented, and the adjournment was granted.

WJI. II OS ICING V. CALK AN" GOLD MINING

COMPANY. This was a motion 011 appeal from the decision of the Warden of the Thames in an action brought by the plaintiff against the defendant to recover damages for injuries he sustained while decending the shaft of the company's mine, caused, it was alleged, by the negligence of the defendant's servants. The Warden's judgment was in favour of the defendant company. Mr. Theo. Cooper now appeared for the plaintiff, and Mr. Button for the defence. Mr. Cooper said that a sister case to this had just been decided by the Warden in favour of the plaintiff. It was probable that a settlement would be arrived at, but in the meantime he would ask that the case stand over till His Honor returned from the Court of Appeal. The adjournment was granted. FREDERICK CHARLES VALENTINE MARTINSON

(BY HIS GUARDIAN) V. GEORGE ALLEN. This was an action to recover £100 damages for wrongful dismissal, which was set down for hearing at the last civil sittings, but it was adjourned in order that certain questions of law might be argued. Mr. Napier appeared for the plaintiff and Dr. Laishley for the defence. Br. Lai ley said that Mr. Napier had been unexpectedly called out of town to Whangarei, and had asked him to apply to His Honor to allow this case to stand over till the first banco day after His Honor's return from the Court of Appeal. The adjournment was granted.

POLICE COURT.— Wednesday. [Before Messrs. Collins and King, J.P.'s.]

Drunkenness.—Two persons were punished for this offence.

Alleged Larceny.—John O'Neill, a little boy of seven years, was charged with having, on the 15th October, stolen from the shop of James Davies, lvarangahape Road, the sum of 7s 6d. On the application of Sergeant-Major Pratt the case was remanded until Saturday, to be dealt with by the Resident Magistrate,"with a view to the lad's committal to the Industrial Home.

Charge of Embezzlement. —David Maxwell Heron was charged with having embezzled 6s 10(1, '8s 4d, and 7s scl, the property of his employer, Michael Briggs. Sergeant - Major Pratt said that other charges were pending against the accused, and at his request the case was remanded till Thursday. Infected Sheep.—Charles Roberts, jun., was charged that he was the owner of sheep infected with lice, and found in Buckland's saleyards on the 3rd October. Defendant pleaded guilty. Mr. Shaw, Sheep Inspector, said he did not wish to press for a heavy penalty, as'he believed the offence was committed through ignorance. A fine of £1 and costs was imposed.