THE COURTS.

Press, Volume LXIII, Issue 19141, 26 October 1927, Page 5

THE COURTS.

SUPREME COURT. TUESDAY. (Before his Honour Mr Justice Adauis-K SUBDIVISION DIFFICULTY. John Deans, sheepfanner, oi Hiccarton, and Langford P. Svmes, analvtical chemist, oi Christchurch, ma'de application for au order directing the District Land Registrar to register a transfer from them to Clyde "ellsford, butcher, of a section in the subdivision or the Deans Estate, Riecartou. -Mr W. J. Sim represented the applicants, Mr A. T. Donnelly, the District Land Registrar, and Mr It. A. Cuthbcrt appeared for the Christchurch Drainage Board, which was joined in the action. It was set out that when it was proposed by the trustees of the Deans Estate to give titles to purchasers of sections in the subdivision, tho Registrar declined to register the transfers until the Christchurch Drainage Board's requirements regarding drains and sewers were complied with. Land for streets was dedicated to the Wuimairi County Council, and the streets were formed, metalled, and channelled, all the requirements of the County Council being satisfied, hut they were not drained or sewered. 'llie auction sale- was held on March 23rd. 10:,. Tlie Christchurch Drainage Board did not, before then, intimate that it would require any drains or sewers in tho streets. On ■September 14th, 1927, the secretary of the Drainage Board advised the trustees that the Board could not sec its way clear to inform the Land Registrar Xhat it was not making nnv requirements. lu view of the action of the Drainage Board the Registrar refused to consent to tho transfers to buyers. Tho trustees held that if the Drainage Board had asked, at the proper time, that the streets should be drained and sewered, the requirements would have been satisfied. As no requisition was made before tho date ot the sale they (the trustees) assumed the position to he the same as it had been for some time, viz., that when all the requirements of tho County Council were met, the trustees could estimate their full expenditure. Reserve prices for the sections were fixed accordingly. The trustees complaine. that if, as was claimed, the Drainage IJoi,r " might make requisitions after the sale, the additional expenditure, amounting to some thousands of pounds sterling, would upset all the business calculations of tho trustees, and tbey would have sold the sections at less than was proper. . Tho position was set out at some lons tu by Mr Sim. who said that there was an obligation an the Drainage Board to make known its requirements, but even at the l n "cnt time tho trustees did not know what those requirements were. How could the trustees now eompN with any requisitions, as tne roads were now vested in H.M. the KinKl They had passed out of the hands of tho r Mr ee Donuelly said that without doubt the trustees were placed in a J.' nyd . V, osi ~ ? t n l ; Their solicitors had had nothing to do vi it the plans of the subdivision uut.l a late stage in the arrangements. The plans were prepared by a surveyor and by ono of the vendors, who knew of tho provisions in tho Act concerned, but thought that if the plans wero prepared before August 20th everything would be in order. It was easy for a vendor to ascertain what, the Drainage Boaid required. The question was ono of great importance. Already there were a Kieat number of difficulties and embarrassments on vendors of subdivisions, and it was desirable that the position be clarified. Mr Cuthbert said that most of submissions had been covered hy Mr Dobml J in his argument. Counsel su .nutted, that tho obiect of tho Christchurch Drainage Amendment Act was to give tho Board power to make certain requirements as to dim * and sewers. It was submitted that the olus of approaching the tard rrf wi the subdividing vendors with a view- to_ fii dine out the Board's requirements or obtoin„l "certificate saying that there were uq requirements. The Board cm. < notknow anything about a subdivision until it was ap proached bv the vendors. Decision was reserved.

MAGISTERIAL. ■s TUESDAY. MAGISTERIAL. (Before Mr E. D. Mosloy, S.M.) DRUNKENNESS. Two first offenders for drunkenness were each fined 10s, in default 2-1 hours' imprisonment. , REMANDED. "Wjlliam Thomas Busby (Mr M. J. Burns) was charged, with failing to comply with the terms of his release on probation. He was remanded to appear at Wellington tp-day. v . , Thomas Poison (Mr Tracy) was remanded on a charge of the theft of a watch and chain valued a,t £B, until November Ist, . George do la Kocho, charged with failing to maintain, his childrou, was remanded until this morning. SENT TO-0-AOL. Boberfc Henry Brockie pleaded guilty to charges of obtaining goods to the value of £4 7s 3Jd from P. W. Trotter by t falsely representing that ho intended opening a business in Christchurch, and fraudulently obtaining credit for £5 3s (3d from Arthur J, Iforniblow, Ltd. Chief-Detective Lewis said the accused had been in business in Dunedin. Coming to Christchurch he continued using his business cards, and said he was expecting money from Dunedin. He thus persuaded Horniblow to drive him about in a taxi, and obtained goods from Trotter. He seemed to go about "taking peoplo down," The accused was sentenced to three months' imprisonment on the first charge, and six months' imprisonment pn the second. UNLAWFULLY ON PREMISES.

William Roy McDonald, insurance agent (Mr R. Twyneham) was charged that he had been unlawfully on premises at Springfield road, St. Albans, and that he wilfully trespassed on the premises. Senior-Sergeant FiUpatrick stated that Donald had been paying his attentions to a young woman in St, Albans. Her father had forbidden him the house, but he had per, sisted in his attentions. It was desired that he sholud keep away from the houso in i.u,turc. ' In convicting and discharging McDonald, the Magistrate stated \hat if he came up asain ho would receive tho maximum penalty.

(Before Mr 11. A, Young, S.M.) CIVIL CASES.

His Worship gave judgment for the plaintiffs by default in the following cases: — Philip Munn v. Ben Jarden, £52 14s; Commissioner of Taxes v. Waller Henry I inlay, £1 ss; L. Arps v. L. J.'Howard.. £23 loa'. Ct. and D. Shirley v. D. McCallum, £2 17s lOd; R. P. Tabley v. C. 11. Flanagan, 490 2s; National Mortgage and Agency Co,, Md. v. J. O'Donnoll, £1 Is 8d; Sockburn Goal Co, r. J. H. Borton, 17s 6d; 11. Panuell and Co. v. J. Tate, sen., £4 2s Od; Adams, Ltu. v. G. F. Baldwin, £lO 9s 9d; E. Gregg v. Leonard Youngman, £2 13s -Id; tho New Zealand Farmers' Co-operative Association, Ltd. v. Miss B. Treacy, £.l 7s 3d; Ellis and Co, v. S. J. MoDonald, £6 10s; Moody's BatteryCo. v. 11. Craven, £G Is; A- J. Harris v. J. Mealing, £23 ISs 3d: same v. V. Hudson, £l3 los sd; Thomas Smart v. J. L. Campbell, £l3 8s; M. Michelin Co., Ltd. v. I ltzPatrick Motors, £l6B 12s lOd; F. Manttau and Co. v. K. F. Nasmith, £0 Us; W. E-. Cox v. A. McLelland, £S 8s; City Drapery Stores v. J. H. Sykes, jun„ £ll 3s 2d; E. Lockwood v. J. Hollander, £4 is (id; Mason. Struthers and Co., ltd. v. N. J. Brandon, £5 15s Cd; C. S. Thomas v. W. F. Halliburton, £4 15s lid; Pominion Mirror and Glass Co. v. JI. Weaver, £4 5s 9d; M. C. Bcattio v. J. J. Price, £3; the New Zealand Farmers' Co-op. Association, Ltd. v. C. L. Street, £1 Cs; Goodrich Silvertown Tires, Ltd. v. L. B. OaUins, £4 lis: the Public. Trustee v. I. II; Elstob, £3 10s: Kcmpthome, Prosser, and Co.'s Now Zealand llrug Co., Ltd. v. 11. M. Wanstall, £10; MeCreanor and Co. v, Thomas I;. Loightou, £lO 2s; A. C. Hammond t. E, Oakley, .£1 2s 3d; Dr. W. E. Stevens and Dr. W. T. Glasgow v. Samuel Wilson Jlrqwn, £7 19s, ("><]; A. J. White v. A. T. Burrows, £2 2s; St. G. Atkinson and Co. v. Mrs A. Wilson. £lB 7s lid; Christchurch Operative Bootmakers' Society Industrial Union of Workers v. C. Bergamini, £1 16s. On a judgment summons AY. E. Campbell was ordered to pay M. S. Brown and M. «T. Gresson the sum of £D 7s Cd, in default 11 days' imprisonment. JUDGMENT FOR PLAINTIFF.

W. A. Poulsou (Mr F. W. Johnston) claimed from J. F, Hanafln (Mr C. S, Thomas) the sum of £7 alleged to have been due for labour performed and materials supplied in the construction of signboards, in accordance with estimates. Judgment was given for plaintiff with costs. FOR GOODS SUPPLIED. Tho City Drapery Stores (Mr G. G. Lockwood) claimod from W. McCormack (Mr E. W. White) tho sum of £4B 16s Sd for goods supplied. Judgment was givrn for .plaintiff for the full amount and costs.