SUPREME COURT.

Dominion, Volume 2, Issue 434, 17 February 1909, Page 10

SUPREME COURT.

.;-;; : : '■■ ; GIiAIJLPpR:GOMPENSATION. h a\vera :electric ca -'.v: borough ; : :; :V : ;: s ;t; ; OE ELTHAM., 7 ,•:: ; 'The .which is being brought by the Hawcra County Electric Co., Limited,' against tho .Borough of Eltham was: continued yesterday; before Mr. Justice Cooper.and Messrs. G. V. Pearco, M.P. .(assessor for claimants), and J. Bodio (assessor for tho respondents). .. •Mr. C. P. Skerrett, K.C., with Mm Mr: H. H. Ostler (instructed by Mr. 11. G. Sollar, as representing Mr. H. Hallhvoll, of Hawera), appeared for tlie claimants: a'nd the Attor-ney-General (Dr. J. G. Findlay, K.C.), with him Mr,-. J. L. Stout, for the respondents. ■' ; The case for the claimants is that they received statutory authority to construct, their : works-on the- Waingongorp stream, and divert water hi order to obtain water power, provided that the "water was afterwards returned to its course; The powers given'to claimants were expressed to be without- prejudice to the provisions of .tho Municipal Corporations Act and its amendments. Subsequently the. respondents, finder tho powers'contained in the: Municipal Corporations Act, erected a reservoir and -waterworks'higher up. the stream. It/ was' alleged. by claimants that' so much water was extracted from the stream by-re-spondents as to.leave insufficient water for the purpose,, and they therefore made a clairn or £2400 as compensation'. 'Evidence for claimants was tendered by Edwin'Payne,-'chairman"of directors for tho claimant company; Geoffrey Trevothick, engineer* for tho-.corijpany.; Henry Metcalfe, 0.E., Hawera;: Joseph R._ Maxwell, C.E., J. E. Fultda, C.E., and Gilbert Laing-Mcasori, "c.e; " " .-■•-'■ ; . ■•."■. ~ For the respondents, Dr.. Eindlay characterised tho claim iis a Tomarkablo or.c.OrighHally .theclaim was■■ £4200,. but, when claimants found that all. the neficioney ' .in the quantity of tho water which they complained ,of was duo to "the river itself, they, reduced the claim to £2400. His submission. was that; if the claimants wero awaroV of. the facts which'would'bo disclosed in tho evidence, for' tho respondents,,the claim would never havo ;boen brought. .; Although.tho works had:been-in operation,for four: years;, and a half, thoy Had"as^yet!'Bustaiiied lio 'dajriage. It I was evident that, if tho /claimants' anticipations respecting the expansion of their business turned put;-t'9'.-'be.:.cdrrcct,' thoy "would •soon have to rely upon steam or'gas,-rather than upon the power obtainable, from- the stream. Ho contended that only a very small sum would covor . the.amount that could rightly} be claimed'from the respondents.. It should'be based upon tho period of time which the erection of a gas or'steam plant rendered necessary before it would otherwise have .had to be put in. The'amount .which lie suggested should bo awarded.,was the.difference in tho cost of a .06 h.p..plant and a GO h.p. plant. '■,-.." ','• '"' ,-'... Evidence was given bv Gerald Fitzoierald, C.E., U. S. Eoundtree, C.E., H. 'W.'Climie, C.E., 11. J. Climio,, juh., : C.E., ,and Fred. Black. .'|' '. .-•-.'■■.:.-' ;.' ~■...'... ..The Court thou adjourned. • •■ '".''.".. •:';-: m CHAMBERS^'' ; • / : A sitting in Chambers was held: by his Honour tho Chief Justice 1 '(Sir-Robert Stout) ye'safternoon. ■'/ ' • '.■..■ ....'.', > . : Letters,efadministration wore, granted with respect to tho'estate'-of the following dcqeased. persons:—Thomas: Hall, settler,, late ■of Levin. (Mr. Skerrett);: John; Kennedy, lato' drayman, of •.Alex'andr'a'.'SoiitL'-CCublie'.' Tru's-' tee); Leonard Charles Haines) butcher, late of Wellington , -.(Public -Trustee);. Hichard Thomas lluddoll, -late. .cook.'of--East Olive" (Public Trustee); and -Robert Haynian, late miner of' Giles's Ton-ace, Wcstpoit '(Public -.Trustee).,- ■■ .-..' ■/ ■ . '..

_Probate' was granted in regard to the wills of ' the following ' deceased persons:— John CameronWhitc, lato engineer of' Wellington (Mr..Brandon); Thomas Johnstone, late sail-' maker of. Tnimii Terrace, Wellington (Mr AtkihscnU-Jano ..Field, late wife'..of. John Wil•laijff -msean M, labourer, (if' Wellington (Mr.- Di\-);.>A.niiic Porter . Alexander, late widow, .of ..Wellington (Mr.- Levi) ; James Smith,, lato settler of Rongotoa (Mr. Prior) v lvobert Linton,-late settler of Haleombe- (Mr' /nor) ; Joseph Meads, late farmer .of Grey(?r; °' c °rrott); and on the' application oLthc Public Trustee, in connection witiv the wills of Hugh Donaldson, ]ate : minerof Shag ,n""'.' .- : Kirk, lato married woman, of .1 lmaru ; ; osoph . Holton ' Mansfield, late moittimCntal of,V Chri'stchurch; John ,Baldwin.. 'of'.Cbristclnirch • J i prtnno,:.,kto::bushman;; of Ractihi Pjerbyj: late,-farrier" of .Buhnythorpe: wary :Aiin9fJepJicoate, : widow,-late of Wost-' 'W,fe. -l-ito'- married Woman, °V : cstport; ■ ,Tanifis' Mackintosh, late farmer of Kirwoe; William Light, dato settler of Datmcvirko :.Robort. George Robinson lato carpenter ,of Wellington ; Thomas Foxcroft, "te .tinsmith .of' Greymou th; . and J Thomas 1 reddie, lato publican Of Hastings.' .- A summons was. brought by defendants, to £x r !k.°, out the. action . Gcorgo Washington 1 uipps v. _tno jVtlas Tnsurancb Cornpanv, on itne ground of' plaintiff's-failure to prosecute his-suit. Mr. D. M. Fiiidlay, who appeared on. Behalf of dofendarits, asked leavo to withdraw the summons. ; Plaintiff'shad, horsaid, Wert a formal discontinuance of . the. action.• His Honour acceded to the roouest.- ■■ : Upon the application of Mr! Lynch, who appeared on behalf of Mos'srsv- Abbott; Oram and' Co. and other creditors,"'the Official' Assignee was; appointed receiver and manager im.der Section 44 -of the. .Bankruptcy , Act .'in I the estate of hos. M, Clark, mercer, Vivian | . b.treot; who, it had previously'been alleged in a petition for.;adjudication;- had left the Do- ! mmion. IN DIVORCE. . Sitting in. Divorce yesterday, ' tho Chief Justice (Sir Robert Stout) heard tho case of Henry Wood, jeweller (petitioner), v'. Jilien i atricia .Wood (rospondeht) and Jamesyuinn, wharf'labourer (co-respondent). . Mr. Gray appeared on behalf , of tho petitioner,, and Mr.. O'Leary, (instructed bv Mr. dent °° respondent and co-respon- >' '■. Petitioner, in evidence, stated that he married respondent,, who was a widow! on' February 10, 19S2,;at Surry Hills, Sydney.- His |: marriage certificate, which was -in tho c'us-' i .tody of a,solicitor 'at Dunodin,'hatl 'not' come 1 I to Hand. Ho. gave evidence in .support of tho : allegation-of misconduct. •_ ' v v Evidence was .also given ;by 'Reginald Bernard, HjlWlaw, clerk), and Detectives'. Wil.liams ,and. Kemp. . , His Honour., granted a decree' nisi, to be sealed upon production of the marriage certificate,; and to bo made absolute iii . three months. •