LAW REPORTS.

Dominion, Volume 5, Issue 1483, 4 July 1912, Page 2

LAW REPORTS.

THE FULL COURT. MUST OHIRO HOME PAY RATES? | Whether or not (ho Wellington Hospital Board is liable for rules on the Ohiro Home, in Kpuni Street, was tho question Mibmillod to the Full Court voM-crd.iv. <-'n the llem-h wore the Chief Justice (Sir Robert Stout.), Mr. Justice- Williams, llr. Jus-lien DeiiuiMoii, Mr. .lu-tiee ' Edwards, and 31 r. Justice Chapman. In December la*t the case cmiie beforo ■the Chief Justice in the form of an orientating summons when, from (lie fads .set out, it appeared that the Ohiro Homo was- formerly controlled by the Benevolent Trustee's but hart since been handed over to I he'' Wellington Hospital Hoard. The institution is used to provide a refuge for aged people o.f both sexes in needy circumstances and the inmates aro treated by the board's permanent, medical staff free, of charge. Jf their condition of health requires it, (hey are removed In tho general hospital, and are there aNo treated free, of charge.

On August IS, 1910, the City Council demanded JL'3I) Bs. Id. for rates, being the first of two equal instalments for Ilia year emfing .March 81. 1011. The board ashed (lie Court (n say whether or not that amount was due.

v His Honour delivered judgment on Decemlsor 8, ami in the course of his remarks said:—"This law has been in foreo since the year 189-1, and the onlv difficulty that I see in Hie case is whethel —seeing that the rates 'have not been paid—tho Court ought not to conclude, that the word 'hospital' has been assumed to include a home for the aged needy. ... I must assunio that, for seventeen years, therefore, the people in tho colony cf the various local bodies have not sued to recover such rates. Paragraphs (j) and- (i) of the Rating Act,' 1008, seem to me inconsistent, and, if the question that is raised in this summons had been put to mo immediately after the passing of tho Act of ISO), I should have assumed that the meaning was not to exempt this institution in Kpuni Street from rates. However, as the word 'hospital' in paragraph (i) is sufficient to cover it, I do not think that I should bold now (after S) long an acquiescence in the extended meaning of the word) that it should be. restricted' to 'hospital proper,' and t must therefore answer the question' 'No.' " As it afterwards appeared that rates had been paid in previous years, his Honour directed that tho case should bo argued again beforo the Full Court, and it therefore came on for hearing again yesterday. Mr. W. F. Ward.appearctrfor the board, and the City Solicitor (Mr. J. O'Shea) for tho.City Council. After argument the Court reserved decision. MAGISTRATE'S COURT. 0 (Before Mr. W. G. Riddcll, S.M.)

Roderick Mathieson was fined 10s. for insobriety. A similar fine was imposed in the case of Evelyn Butler., John Power, alias O'Brien, was sentenced to three months' imprisonment on two charges of Ijheft. , The articles men tioned in the charges were one dozen pairs of socks and a lady's waterproof, from snmo unknown person, and cue doxun shirts from tho shop of James Smith, Ltd. Norman William Scamberg, who was before the Court on Tuesday on a charge of theft from the premises of S. and W. Jlackay, booksellers, cimo up for sentence yesterday. His.Worship remarked that the youth was apparently getting into criminal habits, and as the temptations of town seemed to have a bad influence on him, ho ordered, him lo report to Mr. Mills (of tho Presbyterian Orphanage) every second day until a position could be got for •him ill the country. On tlieso conditions he was convicted and ordered lo come up for sentence when called upon. James Wells, alias James Moore, pleaded not guilty to having deserted s.s. Pakeha at Auckland. Accused' stated, that ho had nover been on board tho vessel in his life.' Having heard the evidence of Detectives Lewis and Andrews, his Worship, .sentenced. Wells, to 0119 month's imprisonment. Thos. Baglo was convicted arid ordored to come up for sentence when called upon an a chargo 'of ''Vfrgraiicy.' He was also made tho.subject of a prohibition order. The case in which "A. L. Hornby was charged with failing to account lor a cortain sum of money was before tho Court yesterday. On account of lack of evidence for the prosecution, tho caso was dismissed. Tho Chief Detective conducted tho prosecution, and Mr. Levvey appeared for tho accused.'