LAW REPORTS.

Dominion, Volume 5, Issue 1506, 31 July 1912, Page 2

LAW REPORTS.

LOWER COURT. (Before Air. AV. G. Riddell, P.M.) SUPERIOR OFFICER ASSAULTED. TWO MEN TO ONE. Thomas Cunno and Charles ITolden were brought before the Magistrate's Court yesterday morning on a charge of assaulting Andrew Johnston, second engineer of the b'.s. ltotorua. They were further charged witli using bad language. The accused pleaded guilty, and elected to be dealt witii summarily. Mr. M. Myers, who appeared for the Now Zealand" Shipping Company, pointed out that (ho assault was a serious one, and had resulted in injuries to Johnston. These injuries had been caused by a stick used by one of tiio accuscd. About 7 p.m. on the dato mentioned in the charge tho accused had lurked behind a shed on tho wharf, and had taken Johnston unawares. Counsel urged his Worship to inllict a penalty of more than ono month's imprisonment, as, otherwise, tho ncensed would bo put back on tho ship, and it. was feared they would creato more trouble on the way Home. Ilis Worship remarked that the gravest part, of the charge was tho fact (hat tho assault was upon a superior officer, and that there were two men 'against one. Ho sentenced the men to 21 days' imprisonment on tho first charge, and imposed a fine of .£2 each, or seven days, on the sccond charge. Both accused wero ordered to,pay ,£1 Is. solicitor's fee. Sub-Inspector Sheelian conducted the case for tho prosecution. OTHER CASES. William John Smith was convicted for insobriety, and fined 10s. with an alternative of 48 hours' imprisonment. Whata Matengn was convicted and discharged for insobriety, and was fined i£3, in default 11 days, for a breach of a prohibition order. Eight first offenders were also dealt with. Jolm Nash was sentenced to 14 days' imprisonment for deserting the s.s. Remuem on April 5. CIVIL BUSINESS. (Before Dr. M'Arthur, S.M.) THE COVENANT AND AFTER. Dr. M'Arthur gave reserved judgment at tho Magistrate's Court yesterday morning, in tho case Weitzel v. Ostler and the Levin Borough Council. Mr. T. C. A. Hislop appeared for the plaintiff (Mr. Weit7el); Mr. AJ R. Atkinson for Mrs. Emma Ostler, and Mr. A. Fair for the Levin Borough Council. In this action, Maria Weitzel, of Petone, claihied J2IOO damages from Emma Ostler and tho Levin Borough Council, for alleged breach of' a covenant, permitting her to remove certain buildings situated on a section of which sho was tho lessee. This covenant, (which was a memo to a leaso. dated January 21, 1895), stipulated that, at any time before tho expiration of tho lease, the lessee might take down and remove any buildings, etc., that had been erectcd during tho term of lease. The lease was originally mude lo one Marco Foscella, and was eventually transferred to Mrs. Weitzel, the date of this transfer being May 16, 11103. Prior to tho expiry of the lease, Mrs. Weitzel attempted to remove the buildings, but was prevented from doing so bv tho present owners of tlio fee-simple—the Levm 'Borough Council—who had bought that fee-simplo from Emma Ostler during tho term of her (Maria Weitzel's) occupancy. When Mrs. Weitzel mado application to tho council for leave to remove tho buildings according to the covenant in her lease, the council refused. It appeared that Mrs. Ostler had not informed tho Levin Borough Council of this covenant in the lease when she transferred tho fee-simple to •them. More than a year after the oxpirafobu of Mrs; .Weitzel's lease, the buildings were put up for 6ale for removal, and only realised £25. Mrs. Weitzel did not tender, .and stated in ovidenco that she knew nothing of the fact that tenders had been called. , . His Worship was of opinion that the evidence for Mrs. Weitzel did not go vory far .beyond showing the damages brought about through the fact that she had been deprived of her building's. These buildings were very old, and his Worship assessed the total damages at .245. Judgment was. therefore given in favour of Mrs. Weiteel for that amount. UNDEFENDED CASES. In tbe following cases judgment was entered for tho plaintiff by default.:— Howard Spackmnh v. Frank Morton, ,£2 tOs., costs Bs.; Felix Black v. James Blewman, 10s. fid., costs 55.; H. Kaha. (tradincr as Le Mnrclie) v. Reeinold Leslie Vail, 16s. 3d., costs 55.; W. .T. Grey nnd Son v. Francis John M'Camlan, ,£1 lis. 2d,, costs 55.; Ellen Niriam Hillier (executrix of tho estate of Sarah Ann Hillier) v. Arvid Enil Ekstedt,, .C 8 55., costs -£1 3s. Cd.; W. Dimock and Co., Ltd. v. Ballinger Bros. (Hastings), .£197 9s. fid., costs its Bs. 6d.; diaries George Rhimes v. Uma Taipua, ,£IG 12s. lid., costs i£2 Os. Gd.: J. G, Horn (as assignee of. Dr. P. F. M'Evedy) v. Samuel Rudd, 16s. 6d.. costs Bs.; Samuel Thomas r. James Bradshaw, J25 10s., costs -CI 55.Gd.; H. Oscar Hewett and Co., Ltd. (in liquidation) v. Robert A. Lynne, £2 155., costs 10s.; Wm.-Isaac and Sons v. Edith Upham, iCS lis. 10d., costs XI 3=. fid.; Joosten and Maurice v. W. Do Renzy, £1 15s.,.costs 55.; Lo Grove and Lawrenco Co.. Ltd. v. Whvte Bros., eostrf 10s.; J. T. Horn (as assignee of Dr. Hogg) v. WilTiam Cooke, .£1 2s. 6d., costs ss.

JUDGMENT SUMMONSES. George M'Gregor ; was ordered to pay Frederick Leo. 'Fitzgerald and Albert. George Page the sum of ,£29 Os. Bd. on or before August 13, in default fourteen days' imprisonment. j. Fernandos was ordered to pay Arthur Gyles and Stanley Gyles, trailing as A. Gyles and Son, the sum of -£3 * 12s. 6d. on or before August 13, in the alternative three days' imprisonment.