SPECIAL LAW REPORTS.

Dominion, Volume 1, Issue 1, 26 September 1907, Page 11

SPECIAL LAW REPORTS.

$ Supreiiie Court. ■ SAWDUST ON A STREET. His Honour Mr. Justieo Cooper Lad boforo him yesterday the case* of the Kins v. Arthur Felix Gibbs, of Potaka township, near Utiku, a sawmilling centre 011 the Main Trunk line. This was an application for a mandatory writ of injunction to compel the defendant, a oawniillcr, to remove ail sawdust deposited by him upon Huia Street, in Potaka, and restraining him -from placing any material upoii tho streot in the future.

Mr. Myers, who appeared for the Crown, submitted that plaintiff was entitled to tho relief claimed. Every possi bio opportunity had, lie-stated, been given to defendant to remove tno obstructions.

Mr. Brceso, for tho defence, said that somo time must necessarily elapse boforo tho sawdust could be removed, as there would bo difficulty in procuring teams to do tho work.. As far as ho knew, there was 110 real urgency in tho matter, tie suggested that defendant should be allowed three month.-) to remove the material.

'Mr. Myers pointed out that certain drains could not be put in until the hcaj>s wero removed. In his opinion, ono month would bo ample for tho work.

His Honour granted an injunction compelling defendant to roniove the within one -month. If it wore found that the sawdust could not bo removed 'within that time, an application for an extension of tho period could be made. Defendant would be required to pay costs, totalling cloven guineas, and Court fees. LIABILITY FOR HOTEL REPAIRS. All appeal from tho decision of Dr. 31' Arthur, S.M., in tho case Hugo William. Wollerman and Walter Freeman (of AYcllington) v. Thomas Mcssiter (of Otaki) was then heard. Mr. Monteath appeared for tlio appellant (defendant in the lower Court), and Mr. Skorrett, K.C. (with him Mr. Sharp), for respondents, who were plaintiffs in the lav/er Court.

Tho ca3o was heard iu tho Magistrate's Court on July 4, 1907. Plaintiffs held the head lease of an hotel at Otaki, of which tho defendant was the tenant. Under the terms of his lease, tho latter was, plaintiffs claimed, bound to comply with all the requirements of the Licensing Committee of the district, and to pay to the lessors money spent by tiom in repairs, with interest at the rato of 10 per ccnt. 111 June, IGOG, the Committee required certain repairs to bo made, but- the defendant refused to comply with their demands. The plaintiffs, therefore, carried out the repairs, and sued for tho amount expended by them,- viz., £'172 17s. 2d. Counsel for defendant applied for a nonsuit- 011 the following grounds:— (1) That the wrong parties wero before the Court; (2) that the defendant was not liable under tho covenant; (3) that the Committee had no power on an application fc renewal to order mar.;: of the repairs which they did order: and (I) (hat if the in-c.-nsiu:'. Committee had power to order certain things to be done, they could not enforce the doing of them after they had e'lee caused the lirec.e to be issue:!. Dr. M'Arthur, S.M.. gave ji'.(ig::ieT:t. ior phnnl.:!fs for X'ilO. - Dnfen:ia".t appealed en the gioi::id.th:'.t the decifiniv. \x:.p "iMieeour. 0:! ■ ! I<■( >of f.vi. nn! ;u-i."1.« J law.

Argument having been heard, His Honour intimated that ho 'would take time to consider his judgment. WRIT OF HABEAS CORPUS. Tho adjourned case in which Agnes Jensen lisgly Williamson, of Reel ton, applied for a rule absolute for a writ ol habeas corpus, calling 011 the gaoler of 11.11. prison, Wellington, to show cause why she should Hot be released, was then taken. Tho ground of tho application was that there were irregularities in tho Warrant on which the arrest had been made.

The document, which was signed by the Registrar of the District Court, set out that the applicant was about to leave the colony with the object df defrauding her creditors. In an afli-davi't-filed, applicant denied being a bankrupt, ami also that' she was about to leave the colony. Tho case had been adjourned from the previous day to enable the Official Assignee for the Rcefton district to bo represented and tho Court authorities to be communicated with as to whether any bankruptcy proceedings had been instituted against applicant.

Mr. lilair (oi .iiussrs. Skorrctt and Wylic) appeared in support of tho warrant, and i\lr. Young for tho applicant.

Legal arguments havi'ng been hoard, His Honour held that the warrant was bad on three grounds. In the first place, it failed to show the jurisdiction of the person who had signed it. Secondly, it stated that the woman was to be safely kept in prison until such time as the Court might order, whereas it should have shown that she could get her release al any time upon finding sureties to tho satisfaction of the Court. And, in tho third place, the document failed to show at whoso instance it had been issued. His Honour made the rule absolute.

Mr. Young applied for costs, but His Honour-said there was .no-one against whom lie could make the order.