SUPREME COURT.

New Zealand Mail, Issue 1745, 16 August 1905, Page 2

SUPREME COURT.

IN BANCO.

W CURIOUS QUESTION OF . ' INTEREST. ."-.'A.

A A A Ttiatter involving' 6nly. a small sura V of money,, , "but;;; carrying \Vith it some • v questions of considerable importance to members of the. commercial community, cam© before their Honors Sir Robert Stout,; 0.J., and Mr ..Justiee Cooper, sitting in'. Banco on; Wednesday.. Tbeplain-, • tiffs were- G eorge Hugh* Charles Clifford,. • -Walter. Lovelace Clifford, Charles AVdliam Clifford', and:.Francis; diaries Clifford, and thenbuiinal defendant the ■ . Minister -of. Bands.; Mr.-; Skei'rett . ap- . A.; peared for the . plaintiff and Hr D. M" " Findlay for the. d<:i : eiKlant. ;. •( • - It, was a special case staled'for the ■t' opinion' of the Court under;, rule ,241. (A • -The cl aini; : was •for bne y day’s ; Hi teres t, amounting to the . sum oft £24 lis "7d v on V:: '£1811675,. •' By a requisition ; dated • . February "12'tli, 1903,the Minister of 'i laahds' gave .ndtice that it was intended " 1 Vohvbelialf: of/the' Crbitn toitahe,: co-mpuL Vsorily, . underth© Band tor Settlements 19DD,Ctbo h'laxbpunne A; Court; was; duly-: c'ofistdtutea' . to liear (he . claim..■ for' - compensation, 'and on December 17th i 1903, an agree- , ment was entered into between , the: p 1 aintiffs' and defendant. with; respect, to .the .'estate, which.'set out,, inter alia, that “ In the event of an award being;'made by the Court in the month of " ; 1 lecOmber, 1904. the ' claimants under--take to give up possession on the; first day of. March, : 1905•. Prpyided ■; always ' that if the claimants shall be , unable ; advantageously; to dispose . of the whole, -1 of their - live .stock; on or before - the -Ist March,. 190(5, they shall,. „notAvithstanding that; possession ;ha«s been - give n. to /■-•■ >the> '.(Brown";-.' be. entitled, to the exclusive light .of'grazing over the whole of the . ' *,aid'estate rent free until the 31st -day' of Alarch,. 1905, and- also: to .possession; of tlie iionie'steiki, garden, orchard, and • farm buildings 'until' .the 31st At arch, 1905. In the event of the Court in De- - cember, 1904, being' unable to give an award, the following . provisions, .slial. apxdy:—(l) If the Court can agree on s' -;.:the . qnbst'icmo pf-classification and., the reserved areas which t|ie c-laiiuajits are ••-. to bo bntiiled to A retain, the'parties . shall accept r such,; ; decision, although - the • Court 'may / fail to arrive .-at . an (A award/ as , to the. - amount of i r i: compensation, and"" a majority? of .-the - 'Court cannot agree, the /.parties agree .'■• to (a sic, and;(to; accept,/ the decision of A the Judge:'alone on these points,..if he !■ - - shoulciAbb Willing. to : give / such, a deep sion. (2) If the Court, in December;, -1904, comes to* a, decision , on both the. .said quest ions 1 then the claimants shall - give up - possession of/ the; estate : (ex-; • 'cept any area ’ which - they,: may respec•c-' -tivejy-be'.hejd Entitled to. retain) on the /• Ist of (March-, "1905, and; until actual ■ payment of the compensation ultimate-' ’ ; iy awarded,, .the ' (Minister- si rail mean-' ; , time pay interest'■on the- amount of c*o-m-. •’pensation so ffxcd;,at the rate -fixed by-' "APbd 'Coitfi (fixibgfthe, ebmpehsatipii, -lif ■r- '. manner provided by y section 23 or the f /. Xtarid yfori. Settlements' ..Acti-i.lPOO; / ( ./to-/. '■; fif . th©(( Court - ora/judge, - asthe case, ;• may be, in’ December,*.'l9o4, shall . r.e-, fuse, or be unable to come to a. decision- upon : the aforesaid questions,*/ then tho Court' 1 ultimately ■ deterini mug A- the amount of compensation sliall deter.mine, and by their, awa-rd fix the/ time v.within.which: it, is • reasonable, having: • , regard to .all the 'circumstances, and to 4: the. reasonably advantageo us safe of; the • -claimants’ live ‘Stqik.. . the claimants should give ‘possession . of the,- estate (les?? any. .reserved area).’’ •, On April . ■' duly ■ awarded the plaintiffs £181,675 as compehsation, together . with interest . on h. • ftbat ' sum '/at. 5.'...x>er cent'. ■ per annum,v- ; iroiA Apt ilylsf ,^i9o , sy- until that; sum was ?5 paid. ; : ' . At 712. ; 30';. pdh.y pn ' yMay -26th, ;■ 1905• -• the ■ Minister of ’ltands, paid the claimants the full amp tint of the coin-, f peusation awarded,; , and - fifty-five days’ > interest thereon, intended - to represent ff 'the 'interest payable under the order. - ;; Plaintiffs contended that in computing the interest, both .the Ist of .April anci; the day on which the compensation was ' actua-ily paid—the 26th of May-—should bo included, and consequently that the correct;' number of days, was fifty-six, :> and not. 'fifty-five. : f ’ . •* l - It was contended, on behalf of the v \defendant, that in computing the interest,' either the Ist l>f April or the 2th: , iv of* May should be excluded, and consequently that the correct number of /days is fifty-five, and not fifty-six. ; ■ Having heard Mr Skerrett and .Mr D. M. .-Findlay-' In argument, their Honors reserved judgment. A DECREE FOR SPECIFIC PERFORM A NClf. h An originating summons, taken out by r Vf the executors of the late .Rev O. B. - Ogg ; ,r was brought before their Honors £>ir-Robert Stout, Chief Justice, and .Mr ' Jn-rticevC/eophr, iii Jlafico, on Wcdnesd iy ■ jfdr'the Court’s : opinion wlietlior or not entered into by tho rtflat'A’Mjr 'Oggwitli a Mrs Burnett, where- j •-vhby to buy ;.a piece of land and for 'her in Goring strc-et, ;;A ’Vftioh/ agreerhont was ; followed oii her /AfpdrffVbyAjpotSdssidd;of the house;. .wasf^^pecifica|ly; ■ enfdfceable, and, should bo • > ; 'oi.it- by' the. ' exebu.tors., Al r

Campbell appeared for the trustees, Mr (Gray for Mrs Burnett, 'and Air Luckic : for certain beneficiaries; who are £©s.ident in. England.. ; .After hearing Air*-.Gray and Mr Duei ki© in: argument, their Honors decided. ( that the circumstances of the case, were sufficient to ivarrant the Court in comi ing to the conclusion that there was an' arrangement under which they could decree specific performance! The only question ; throwing - any douht upon the' matter was as to whether there was sufficient mutuality •' about the. contract- as 'to. when it - was,. to ;■ be completed::and: the purchase money. ; paid by Mrs Burnett, as the arrange-; ' ipent between that lady and Mr Ogg fixed.: ho time wbatevef for the pay-, menti- This, originating' summons hav- ; ing b;e'en thkeii' Out by the. trustees to . get the question, decided for . their ownprotection • and tor the satisfaction of the beneficiaries 'under Air .willj certain of whom are under. age,; the Court 4 allowed £7 7s costs,; to come out 'of ~ the estate.V . - ; / ' . ■ . A. SMALL FINE. . ■ A-Sitting in. Banco, their Honors Sir Robert Stout, : Chief justice, 'and Mr. . Justice . Cooper had before .. them 'the case of a woman named . Eanny Prior, otherwise -AlcLeod, who Had been', charged at * the Lower Court, yin-/ der the' Infante’ Life Protection . Act,. \yith keeping a child for payment, her thouse not; being a registered place , un- - det: that act. ;.. ■' A/-:- )■■ Air Neilson, who appeared for the ac- - cusedj.. stated that the-.- mother of» the child was a young.: woman- ip service, who had.'no home of her own in which to care for her child, and the defendant thad -looked., after' it >yell> ; ; / : The.- Chief Justice said he could not understand why the woman-had not allowed the matter. to he dealt with by the - Alagistrate; l instead of bringiqg it j)efo ; re the-Supreme: C^urt.;7 ; ; . > v • Mr' ' Neilson asked" their Honors to .take a-lenient view of; the case; as the / woman- had by her/ care, of . the infant brought it back to health, and she.-; would be quite ,"vvining to keep, it ;altpgether;. . "A ' /AA'A V * ' ': The Cliief Justice. said the matter was • one tliat' co'idd have beep' dealt with' by ’ the Magistrate, and tliei'O was- no /need for. invoking" the aid' of the Supreme •(Court • ih -/so • "sniall ;a •. 'The: defendant. was . fin ed. £3, and allowed. one to pay .the /'money. • in. ; . (/VV; 4 : ':4 ;