IN BANCO.

Dominion, Volume 3, Issue 806, 2 May 1910, Page 9

IN BANCO.

BERTUNCHNORTON libel action. STAY OF EXECUTION. Tho case of Albert Ernost Louis Bortliag, superintendent of Welling- ' ton Zoo, v. John Norton, proprietor of a newspaper called "New Zealand Truth" was referred to in Banco, hot xoro tho Chief Justice oil Saturday morning. Mr. E. H. Ostler and Mr. F. B. Sharp appeared for Bertling, and Mr. iA. Dunn for Norton. There woro two motions, arising out of tho wain action, wheh was heard recently, and in which Bertlijig obtained a verdict of £1000 damages against Norton for libol. Application bad been made on Norton's behalf for a rehearing, on tho ground of misdirection, and, when this matter camo heforfi the Chief Justico and Mr. Justico Cooper, a rehearing was refused. Thereupon, Mr. Dunn asked for stay of execution for a month, in order that 1 ho might consider the advisability 6f appealing from this decision. The application was refused by the Court,' *nd Bertling proceeded to issue execution, and put the Sheriff's officer m possession of Norton's premises, on which his newspaper is published. Norton then paid into the Supreme Court an amount of over £1400, being tho amount of the verdict, tho amount of taxed costs, and security for tho costs of an appeal. Tho Chief Justico then made ah order (Thursday list) for stay of deciding to fix the terms on which execution should bo stayed when he had heard the argument of counsel.There woro, therefore, two motions before the Court when the caso was i

mentioned on Saturday: Norton moved for stay of execution, and Bertling moved for payment of tho amount of the taxed costs of tho action paid into Court by Norton. His Honour heard counsel, and op. dered that tho amount ol the taxed 'costs awarded to Bertling, lip to ami lililludmg tho oosts of the motion, and tho costs of execution (amounting in all to over £3001, should bo paid out of Court to Bertling, upon his solicitor undertaking to refund them, if so dcrected by the Court. Olio of tho terms upon which stay of execution was granted was that Norton should undertake to, bring on tho appeal at tho next sittings of the Court of Appeal. NON-SUIT SET ASIDE. Ajiappeal from a Magistrate's Court decision was heard by Mr. Justice Cooper on Saturday morning, tho parties being: Thomas James Eathbone, sawmiller, of Carterton, and Herbert' Hart, solicitor, of Clartorton, as trustees under deed of assignment, for the benefit of Ms creditors, from S. Green, cabinetmaker, late of Carterton (appellants), and John Heagerty, settler, of Greytown (respondent). Mr. D. M. Findlay and Mr; T. ]?. Maunsell (of Carterton) appeared for the appellants, and Mr. F. P. Kelly and Mr. Coleman Phillips (of Carterton) for the respondent. On October 12 last, R-athbone and Hart sued Heagerty in tho Magistrate's Court at Carterton. It was claimed that Green had executed a deed of assignment of his estate to Rathbone and Hart for the benefit of his creditors. It was further claimed that certain of Green's property had been seized by Heagerty, who was still in possession of the goods. The claim was for possession of the goods, or for the' recovery of their value, £25. Tho magistrate (Mr. R.. Hv Turtett) non-suited the plaintiffs without calling on. the defendant for any defence, upon, the ground that the claim was for the recovery of a choso in action, and that there was lio proof of notice subsequent to the a-ssign-IMttt, Illld did hot decide the second proof of non-suit. The appeal • was brought on tho ground that tho magistrate's decision was erroneous in law. His Honour decided that the appeal must bo allowed. The magistrate ought to_ha,vo heard the whole caso, in tho opinion of his Honour, instead of non-suiting without 'hearing the defendant's case. The; appeal would bo allowed, with five guineas costs, the non-suit would be set aside, and tho case would go back to tho Carterton Magistrate's Court, to bo heard by the present magistrate.

ORDER FOB A REHEARING. The Carterton appeal case of Thomas James Rathbone, sawmiller, of Carterton, v. Edward G. Harris, farmer, of! Martinborough, mentioned on Friday, was' also disposed of by Mr. Justice Cooper on Saturday. 1 | Sir. P; L. Holiings (of Master toil) apteated for llatWjone, and Mr. 11. P. O'Leary for Harris. His Honour remarked that judgment had been entered, by consent, to the effect that the magistrate's judgment should bo set aside and a rehearing ordered. Each party would have to pay it§ own costs in ' tho Supremo Court, and all casts in tho Magistrate'sCourt should abide tho final result.