SUPREME COURT.

Otago Daily Times, Issue 166, 28 May 1862, Page 5

SUPREME COURT.

Tuesday, 27th May, 1532. , SITTINGS IN BANCO. (Before his Honor Mr. Justice Gresson.) IN BE GREEN V. BICIIARDSOX.

This was an :ip;wil case by Homy Green, master of the Mary E. H.iy, agaiuet a summary conviction of the magistrates fur penalties inflicted upon allowed • breaches of the P.issongers' Act. : Messrs. Prunduivyttst and -Kenyon appeared for the appellant; and Mr. Howorth-for the respondent. Mr. Howorth c intended that the requirements of the Summary-J'ro "ceilings Ordinance, under which the appeal whs instituted, (so far as there being no bond entered iatj by the appellant, aud the usual notice not given) had not been complied with. Mr. Preudei'tpisli stated that the reasons why the ordinary requirements of the Ordinance were not complied with, had arisen from «, misunderstanding as to whether the convicting magistrate had power to waive objections to the usual formalities required by the Ordinance. ■■..■„•. ; . . The Court was of opinion,that the Bench below had no power to waive objections to non-compliance, with suchi requirements, and that its powers ceased upon' the issue of its conviction. ; ;. '" The appeal was dismissed, "with cosfe. .; IN RE HOPKINS V. TOWERS. : The demun-er in this case was further argued. ■ Mr. Cook appeared for plaintiff, and Mr^ OHllies for defendant. 'Thequestion' arose," as reported in the Times of yesterday, out of a certain memorandum of agreement between the parties for a sub-lease of the premises known as the Royal George Hotel. .■■'■■■■- The defendant demurred to the declaration as being bad in substance, and argued that the matters of law were that the alleged agreement, in the Declaration set forth, was not a binding contract, which \ could be specifically enforced in Equity. ; ; . His Honor deferred judgment. ; ■ .. ' HELHASED EECOGNIZAHCES. \ Mr. Howorth moved for the discharge of certain prisoners .formally committed by Major Croker, who were liberated upon, entering into recognizances to appear at this sitting of : Mr.. South.stated, on behalf of the persons!jso under recognizances, that there was no intention'on their side to,institute proceedings against Major Grokcr. On the terms that no action would be. brought against the committing magistrate, the Court made ■an order that the .recognizances' be discharged. -; i ;■ • APPEAL CA^ES., -'_,'; ! . ." ~' Mr. Howorth informed the '.Court of tlie remanet of certain appeals which stood adjourned .from the .last sittings. , ' ■ ■-■Mr. South, in mentioning two, intimated-tliat aU the points had been complied with, and thej recognizances entered into in due time. The conviction was dated the 27th January, and the recognizances were entered into on the 29th. : ' Mr. Howorth observed that no notice had been sent in. , • 'I Mr. South replied that notice of appeal was with the papers. , ■ I His Honor said tlie Court would be sitting on Thursday, and the case in question could beset down for hearing on that:day. \ VS. EB MACLEAN T. MACAKDHEIV. The arguments in this matter were re-opened,— ■ ! Mr. Gillies contending it would be a question for a jury to deride, whether, commercially, it was understood that n ship chartered for the use of trade meant the whole ship, or whether the owner aud captain were entitled to put in other stock; or they might be able to support by actual conversation, and: by positive facts, the words passing between the plaintiff and the defendant, to prove that it was distinctly understood so at the time. ■ , . , The Court remarked that the bearina; of this meant that the declaration relied upon the charter pavty. ' Mr. Gillies observed he was not going uppn a mere slip of the word. The declaration set forth that the plaintiff chartered from the defendant the ship .Indus, for the sole purpose of conveying therein certain stock belonging to plaintiff. ° His Honor ruled that the charter party did not, on the fact; of it, show that. Mr. (Jillies rejoined, yet his side declared that they had exclusive use -as by reference to the charter party would appear. ! His Honor: And the charter party doesnot shew that ; ; Mr. Gillies went on to argue the point,' and was answered by Mr. Cook; after which— ■• ;■ His Honor intimated that he would look into the authorities, and deferred judgment. At twenty minutes before one,- the Court adjourned until eleven o'clock; to-morrow (this day), His Honor retiring to sit in Chamuera. '