Qisborne Supreme Court.

Wanganui Herald, Volume XXXXII, Issue 12438, 10 April 1908, Page 5

Qisborne Supreme Court.

(Per United Prese Association).

GISBORNE, April 10.

At the Supreme Court this afternoon the judgment of Mr Justice Chapman in the case Stewart v. Wairoa County Council, heard last sitting of the Court, was read, This was an action for trespass, and the 6ole question involved was whether a strip of land, for some time past used as a road, was proved to have been dedicated as a highway. The owner had allowed a road to be made through his property, but contended that the Council ' had taken more than was necessary. His Honor held that, prima facie, when a person allowed a public highway to be made and used over his land, lip was presumed to have dedicated it to the public. His Honor did not think the existence of a registered memorandum stood in the way of the dedication to a greater extent than it would stand in the way of a transfer, and gave judgment for defendant.

In the banco case. William BTady, appellant, v. William Maddern, respondent, a case arising out of the sale of a book, and a gift of- tea, in which the Magistrate convicted the appellant under the Trading Stamps Abolition anc! Discount Stamps Issue Act, his Honor ruled that the conviction could not be sustained. The coupon in question, to come within the Act, must refer the holder to the Trading Stamp Company, to which he may resort to have the coupon honoured.- In this case, the vendor himeelf undertook to honour the coupon, which was not a scheme at which legislation was aimed. His Honor said he had discussed the matter with other Judges, and they agreed with the above conclusion. The appeal was allowed, with five guineas costs.