LAW REPORTS.

Dominion, Volume 4, Issue 1242, 26 September 1911, Page 3

LAW REPORTS.

SUPREME COURT. (Before Sir Robert Stout, Chief Justice.) A TAW A FLAT CASE. Charles Hayward Izard, barrister, Wellington, proceeded against Francis William Scott, fanner, of Tawa Flat, in reference, to a lease. Mr. Bunny appeared for piuinliir, and Mr. Williams for defendant. It was sot out that, by a. deed of lease dated April 8,. 1905, the defendant Scott had secured 100 acres of land for ten vcars at a rental of c E6O per annum. Scolt had agreed to repair and keep up all buildings and fences, but (it was alleged) ho had, nevertheless, allowed the fences to become dilapidated. Gor.=e, it was also alleged, had been allowed to grow. Scott had, furthermore, failed to pay rent for the half-year ending July 1. 1911. Plaintiff, therefore, claimed £M as damages and ,£3O as arrears of reat; K. Izard, agent and attorney for the plaintiff, Charks Hayward Izard, stated m evidence that, in March last, he had inspected the property, ami had found it in a bad state. The land was covered with gorse, and the fences out of repair. In its present state the rental on the property would be less than would have bean the case if the conditions of lease had been adhered to. The defence was a general denial. It was also asserted that tha lessee, Scott, was not liable, as the lessor had relieved him of liability by signing a consent to an assignment of the lease. Decision was reserved. ALLEGED LIBEL. • (Before Mr. Justice Edwards.) Tho action for libel, Major v. Blundell Brothers, was mentioned. Mr. H. D. Bell, K.C., counsel for the defendants, asked that the case should bs dismissed for want of prosecution unle-s it were set-down to b<; argued within seven days. Mr. E. G. .Tellicoe, who represented the plaintiff, figreed. He stated that such an arrangement would give his client an opportunity to have, the case set down for hearing if he wished it. An order was made accordingly. .. ADJUDGED BANKRUPT. On a creditor's petition Mrs. Ellen Cockayne, of'the Trocadero, was adjudged a bankrupt. When application had been made on a previous occasion, Mr. Levvey, counsel for Airs. Cockayne, objected that the petition was informal. Yesterday his Honour overruled that objection. Mr. H. fi. Evans represented the assignee. ABOUT A CAVEAT. Remanos. Karooz (Mr. Jellicoe) sought by summons to procure tha removal of a caveat lodged by his wife, Mary Karooz I (Mr. Dix). to prohibit his dealing with a section of land* in Crosby Terrace, Wellington. It was alleged by plaintiff that, even though tho title was in his wife's name, the property had bs-en purchased with his money. Subsequently tho property had bron transferred to him and then the caveat had been lodged. and itiwas stated that the purchase was a part of Mrs. Karooz's estate. Mrs. Karcoz made an affidavit controverting thess statements. Plaintiff was .willing to have the disi pute settled by an ordinary action. Ths ' matter was adjourned to enable the parlif.° to proceed in this manner. ?..... Dix stated that proceedings would be delayed somewhat as the evidence of a witness from Palestine would have to bo taken.