LAW REPORTS.

Dominion, Volume 4, Issue 970, 10 November 1910, Page 3

LAW REPORTS.

» SUPREME COURT. SPOIL ON A VACANT SECTION. TWO POUNDS DAMAGES. A dispute about the dumping of sonio excavated spoil on a vacant section at Island Bay was settled in the Supreme Court yesterday, before the Chief .lustice (Sir Robert Stout). The parties wore May Ethel Pagni, married, woman, of Auckland, plaintiff, and Jolin W. Collins, civil servant, John Clayden, contractor, and Charles Mumine, contractor, of Wellington, defendants. At the hearing of the case at the end of last month, it transpired that plaintiff is the -owner of a section at Island Bay, and Collins owns au adjoining section. About November. 1909, the contractors employed by Collins entered tho property and placed there quantities of earth, clay, and spoil. Plaintiff therefore claimed .£IOO special damages.- and .£IOO for trespass, and also sought that defendants bo ordered to remove the earth. The defendants denied damago had resulted. At the close of tho hearing, an adjournment was granted until yesterday to allow of removal of the spoil by one or other »of defendants. Mr. E. C. Lewey appeared on each occasion ,for tlie plaintiff, May Ethel Pagni; Mr. P. J. O'Regan for the defendant Collins, and Mr. F. E. Petherick for the defendant Clayden. Counsel on each side stated yesterday that the spoil had been removed, and the ground restored to its original condition.

The question of costs was then raised. His Honour said that in cases that could ' have been decided in the Magistrato's Court, the Act stated that Supreme Court costs could not be granted. llr. Levvey pointed out that the injunction which had been sought could not have been granted in the Magistrate's Court. ' His Honour said that something equivalent could have been obtained. ' ' Mr. Levvey further argued that certain necessary interlocutory proceedings, could not have been taken in the lower Court. Mr. O'Regan argued ■ that an ample remedy could have been o'btained' in the Magistrate's Court The Magistrate could not have been asked to award exemplary damages unless • the spoil was removed. Mr. Petherick submitted that costs against Clayden on the Magistrate's Court scale were the full costs that should be allowed. s

snouio Dβ auowea. s | His Hononr said that Mr. Justice Cooper had already granted two guineas costs in connection with the preliminary proceedings, and the guinea for joining the other defendants. Tho two guineas would have to be paid by Collins, and the one guinea by Clayden and Murarae. Independently of those costs, judgment would now be given against Collins for 205.. and against Clayden and Munimc for a similar amount. There would also be costs against Collins two guineas, and costs against Clayden and Mumine three guineas. Witnesses' expenses and disbursements must be paid .half by Collins and half .by the other defendants. QUESTION OF JURISDICTION. A PLAINT NOTE. The Supreme Court, with the Chief Justice (Sir Kobert Stout), and Mr. Justice Cooper on the .bench, heard .'yesterday a motion for an order prohibiting William Keeve Haselden, S.M., and the Magistrate's Court at Wellington from exercising jurisdiction in an action. Herbert James Baker v. Annie Gledhill, on the ground that the Magistrate was not empowered by law to exercise such jurisdiction.

Gledhill, the plaintiff in this court, and the defendant in tho court below, had become indebted, it was alleged, to one Luke M'Gann to the extent of £05 for commission. M'Gann assigned the debt to one Aubrey, and Aubrey assigned it to Baker, who sued Gledhill for the amount in the Magistrate's Court without naming the assignors in the plaint note, as required by Section. C 2 of the Magistrate's Court Act, 1908. Before the heaving of the action at Wellington Glcdliill's evidence was taken at Dannevirkc. No objection was on that occasion raised to the jurisdiction, butat'the hearing at Wellington the point was raised bv Gledhill's solicitor. The magistrate overruled the objection on the ground that Gledhill had waived or acquiesced in tho irregularity of the plaint note. Mr. W. J. Organ, for the plaintiff, submitted that non-compliance with tho requirements of Section 62 was not a mere irregularity which could bo amended; the section was mandatory, and went to the jurisdiction. Mr. A. Fair, for the defendant, upheld the view takeu by tho magistrate. The Chief Justice said judgment would be given on. Friday.

CRIMINAL SITTINGS. LIST OF CASES. Charges against 20 persons have been set down for hearing at the Wellington '.sittings of the Supreme Court, which begin at 10.30 next Monday; Following is the'list of charges:— ■ John Harrison, assault and robbery, Wellington. John Earnshaw, Henry Robert Hunt, and Leslie Ellis, burglary, Levin. Arthur Wilson, assault, Wellington.

Cornelius Moloney, arson, ■ Wellington. Ernest White, criminal assault, Wellington. ■ Robert Bnssell,- breaking into a dwelling to intimidate tho occupants, Wellington. ,

Alexander Taylor, theft on tho high seas, Wellington. George Joseph Beasley, assault, Wellington. John Griffiths, housebreaking (two informations), Wellington. William Watkins, bigamy and false declaration under the Marriage Act, Wellington. James Vincent Crimniins, Charles Cunningham, John Lewis, alias Lindsay, alias Newton, and Charles Keston, breaking ■Hid entering and theft, and assault and robbery, Wellington. Thomas Duffy, obtaining goods by false pHmxces, Wellington. William Lavery, criminal offence, Wellington. ' . Ernest Edwin ■ Thompson, attempting to procure abortion, Levin. John Taylor, criminal assault, Masterton. ■':''■