CIVIL BUSINESS.

Dominion, Volume 2, Issue 514, 22 May 1909, Page 10

CIVIL BUSINESS.

A PROPERTY TRANSACTION;

Yesterday. tbo'hearing of the action between Andrew Sollars and .the Kilbirnio. Estate Co., Ltd,, was continued before#Mr.' Justico Cooper. Mr. Sterrott, K.C. (with him Mr. M'Loan), appeared on behalf of the plaintiff, and- Mr. Noting for tho defendant. ■ This, ffaa.;a claim either for the. rescission .of '.a, contract .to , purchaso &property', with jt.134 and £50 damages, or 111- tlio alternativ&£l4o for broach of warranty". .The nfainTpoirit-uiC-disputo was whiether defendants . had agreed-, to' fill' in ' the sections Tvhich'faco;Brtdge;Street,,Kilbirnie,'with;out-eide;-.spoil, i orj;bj;i cutting away the bank at the bjok-of sections. Decision was reserved. ' IN'BANCO. • ' ALLEGED r " CONSORTING WITH THIEVES, ♦ Sitting in • BancoE yesterday, Mr. Justice -Chapman hoard argument with regard to an appeal by William-.fcjtevens from .a decision ot Air..Riddoll, S.M., who had'convicted him on a charge of; being an idle and disorderly person in that he habitually consorted with reputed thievos, and- sentenced him to one month.'s imprisonment. • The grounds . ''on " which., tho" 1 appeal" was brought wero that there-was'' no evidence -that appellant habitually consorted with reputed thieves, and that thero was no ovidenco that appellant knew that . the persons. with - whom it was alleged ho had habitually [consorted were reputed thieves. "■ ' :■ For tho Crown, Mr. Myers contended that tho conviction should stand. Ho quoted portions of-the in support of his contention. --.v -..i- .... Mr. Wi!ford ; for the appellant; contended thnt if : _his client did consort with reputed• thieves it was .only occasionally .and not •habitually. If a, man had been . convicted; of 'thieving-would lie como within tho definition of reputed thief p Tho "mcro fact that twenty i policemen-.swore , that thd people with whom appellant may have consorted Were reputed thieves wtts of no .valno in itself. It.might bo .that the character' or:-the persons in question was only to: tho polico. Tlio word ■ "repute" referred to the repnto in which an accusetl was held by tho public. His Honour '.said .he would take time to consider the-matter.'.' ' ;•? .- V SxILE- OF; A I'ICTON -ESTATE; . An originating summons, asking for directions with reference to tho contemplated sale of "The; Lindens"., Estate,: near . Picton, v came, before Air. Justice' Chapman yesterday. Mr. Myers appeared for Henry James White, (plaintiff), and Mr. Blair/' for Richard J Jincs Western (defendant). ~ The question at issuq.was whether a sale of certain iilfants' shares iii-the ostates.to oMier beneficiaries should be approved. His Honour held that an order should bo mado as prayed subject to, a furthor trustee being appointed to represent tho infants' interests., Ho diroctod that an order should bo prepared by counsel and submitted to him. QUESTION OF VENTILATORS. An application by Andrew,.Jack for a mandamus to compel the Palmerston Borough Council to hear and dot-ermine' a • request by him to approve a particular type of ventilator known.;as "Boyle's" camo bofore Mr. Justice Cooper yesterday.,-. '. Mr.' Skerrett/ who appeared with Mr. Ostlor for plaintiff, maintained that Boyle's ventilator was suitablo for plumbing work in connection with tho drainage system of tho borough. By-law 99 provided that only ventilators of a typo to be approved by tho council should bo used in . making drainage connections. Recently tho council had resolved that no other ventilator but that mado by a local firm should be approved. The effect of tho by-law was, he urjjed, to create a monopoly. Any ventilator which, ,tested, was found to be reasonably efßcient should bo approved: - • For.tjjo corporatioiliMr. T.' F. Martin (with \vhom Mr..F,,.(Jpol>o appoared) contended that tho counoil""had; reasonably exorcised its discretion: in the matter, and that that discretion could not be controlled by the Court. The Court decided to rea&rvo its dectsktn.