LAW REPORTS.

Dominion, Volume 3, Issue 887, 5 August 1910, Page 3

LAW REPORTS.

——» • SUPREME COURT. IMPROPER PUBLICATION. APPEAL ABANDONED. . An appeal- connected with "Now Zealand Truth" has been abandoned. John Thomas M'Kimion. formerly ' manager of that publication.' was convicted .in tho Magistrate's Court on two charges of selling "New-Zealand Truth," of January 30, 1900, and February 13, 1909, which, as to parts thereof, were of an improper character. The appeal was based.on the ground that Mlvinnon was not responsible, as he was merely tho manager, and had not made the sale. When the matter was called on yesterday, before Mr. Justice Cooper, Mr. Dunn, for the appellant, said jtllat the point involved appeared to have been settled in the recent ease of the Kinp; v. Coburn, the decision in which covered these cases. Under the circumstances, he did not propose to argue. The appeal as to each conviction was dismissed, with 5 guineas costs in each. Jfr. M. Myers appeared for the respondent, Alexander Bailey, detective. ONE SHILLING PER ANNUM/ RENT DISPUTE. A property of small value—a . seaside wliare near Paraparaumu—was a subject of contention in tho Supremo Court yesterday. Tho wham belonged to Thomas Fletcher, settler, and wns leased by him some four years ago to William Arthur D'Oridont, fisherman, at a rental of one shilling a year, tho tenant to spend ,£5 a year on improvements. After some time, D'Oridant left the district, and went to live at Oamaru. Fletcher subsequently took action in the Magistrate's Court to recover possession on the ground of non-payment of rent. D'Oridant then moved' the Supreme Court for relief against forfeiture. The matter camo before Mr. Justice Cooper in Banco yesterday morning. V Sir Kenneth Douglas, for tho.plaintiff VD'Oridant, stated that the rent'had been T>nid, but to satisfy Fletcher it had again been, tendered, to.the amount of 4s. Mr. Toogood, for tho defendant, said that D'Oridant had gone away and left the place .empty for more than a year,, and nothing had been done in the way of improvements. The parties differed on several matters of fact,'notably as to whether one Pratley, who had occupied the wliare since D'Oridant left, was tho' tenant of D'Oridant or of Fletcher.. - '. . The judgo said that tho affidavits submitted by tho parties were, very contradictory, and he could not decide the case upon them. The rent was immaterial, and the case depended chiefly on the improvements. . He recommended the parties to agree upon' tho appointment of sumo independent person to ' value the wharc, both as to its pr'cs&it valuo and tho reasonable and probable : cost of erecting it. in the -. first ■ instance. Tho parties could file further affidavits as .to the tenancy of Pratlcy.- The action in the Lower Court would be adjourned for four weeks, and D'Oridant's motion against forfeiture for one week. . FAMILY PROTECTION .ACT. KIMBOLTON CASE. ' Matters relating to the 'partially In- ; testate estate of the late C. H. Baynes, county clerk, of Kimbolton, were discussed before Mr. Justico Cooper in Banco yesterday. Tho case camo before : the Court on originating summons under the Declaratory Judgments Act, 1908, for an order for interpretation of the will of the deceased, and also for an order for the payment to the widow and ujiof .the children of such amount for main-, teiiance as (he Court might think' proper. When the' deceased mado his will; in Decetaber, 1005, he. had only one child, i Ho bequeathed alt insurance policy. and certain personal effects, to his.wife and his land and farming stock to his wife for her lifcSj'imdi to the daughter .-■ on" the dealh of the widow: After the will was .. made, another daughter was born, and Baynes bought more land. He died < "without 'making -a" hew'-willi'\ Both . daughters are" "infants." Numerous ' '.questions ..arose' concerning, tho . con- ; struction of.'the will, as, ■ well as tho .question'.under' the .Family Protection Act. : ■ In tho Court proceedings yesterday, Mr. i M. Myers appeared for tho. plaintiff, Mrs. Baynes, Mr. D; It. Findlay for the Public; Trustee and the elder daughter (Louisa. Mary),'ai)d ; Mr.;. A. Gray for the younger daughter'(Dorothy). The two last-named counsel were inadeguardians ad litem of the two children respectively. . His.Honour made a provisional order that' tlio inco'mo from the estate, including the intestate' portion,' but excluding the property already received by the widow, should be paid to the widow until further order of tho Court for tho maintenance and support of herself and,the infant' - children, special loavo being granted to : 'all this parties to .apply ■to . the Court for liberty to resort to the capital.if tho annual income is. insufficient. for tho proper maintenance of the widow and children. Leave was also granted to apply to tho Court for advice and direction as to the method of apportionment against various classes of assets in regard to the amount to bo paid by tho Public Trustee to the Loan and Mercantile Company in liquidation of a debt of .£470.