SUPREME COURT.

Dominion, Volume 5, Issue 1507, 1 August 1912, Page 2

SUPREME COURT.

FULL;BENCH DECISIONS. . -OHIRO HOME. The Wellington Hospital Hoard is not liable for rates on the Ohiro Home, in Kpuni Street. This was derided by the l-'till Court yesterday. The Chief .liisliee -'Sir liobert Stout). .Mr. Justice William*, .Mr. .luflice .Deunislnn. Mr. Justice Edwards. anil- Jlr. Justice Chapman came to -i uuanimouf decision on tb« point. In ijcoember last tlie cate came before

(ho Chief Juslicc ill (ho fonn of an originating summons, when, from Iho facts set out, it appeared that tiio Ohiro Home was formerly controlled by the Benevolent Trustees, Intl. had since boon handed over to the Wellington Hospital Hoard. The institution is used to provide a refuge for aged people of both sexes in needy circumstances, and the inmates are treated by the hoard's permanent medical stall" free of charge. if their condition of health requires it, tltfey are removed to the general hospital, and arc there alio treated free of. charge. On August lj,'-1010, the Cilv Council demanded .£3!) Bs. Id. for' rates.'being tho Krst of two equal instalments for the year Hiding March 31, l'Jll. The board asked the Court to say. whether or not that amount was due. The Chief Justico decided that the institution. should be exempted from rates, but in arriving at the decision ho had assumed tliat no rales had been previously paid. As it afterwards appeared that rates had been paid in previous years, liis Honour direcl-od -Jluil tli<v en so should' bo'argued again before the Full liench. At the hearing, Mr. W. IT. Ward appeared for the Hospital Board and the City Solicitor (Mr. J. O'Shca) for the City Council. Sir. . Justico Chapman yesterday read tho judgment, of the Court, in which it was again held that'the.institution should be exeniptfrom rates. An, agreement had been arrived at as to costs. PALMERSTON OR WANGANUI, AS VENUE FOR LAW SUITS. Judgment was delivered yesterday on two questions of interest to the lerat profession that wero argued before tho Full Court last Friday. The licnch comprised Iho Chief Justice (Sir llobert Stout), Mr; Justice Peniiiston, Mr. Justice Cooper, Mr. Justice Chapman, and Mr. Justico Sim. Jjrieilv, the question was whether Wanganui uf Palnic'rsfon North is tlw most convenient place for hearing Supreme Court cases ill which tho parlies are residents of the same town on tho Main Trunk line. In a recent case of Scott v. Gallagher, in which the parties both reside at Vtiku, Mr. Jusiieo Chapman held that Palmerston North ivas the town most convenient of access from tho residenco of the defendant as laid down in llule 7. Tho determining factor in deciding Palmerston North as against Wanganui. was (in his Honour's opinion) the convenience of tho times of arrival at Palmerston North of I the Main Trunk Uhrough train from .Auckland lo Wellington. With the current time-table'a person leaving Utiku in tlio morning and catching the train at the, nearest 'station might arrive in l'alvflerston North in time .to hove his case heard at 2 p.m., whereas ho could not , reach Wanganui before 3 p.m. A motion lo review this judgment wns filed by Scott. Mr. L. Cohen, of Wanganui, appeared yes'ltwlay for Scott, and Mr. W. 11. D. Hell appeared for Gallagher. 1 Mr. Justice Sim yesterday read the judgment of tho Court, in which it was l)eld that: the order of Mr. Justice Chapman must stand and the motion to review the judgment wa= dismissed. In the second case in which tho sanuv point was involved, the parties .were A. Merson and Co., land agents, and J. h. Walsh, farmer, of Ohakune. This was an original motion to fix Palmcrston North as the place of hearing instead of Wanganui. Mr. C. C. Ilutton. of Wanganui, appeared for Merson and Co.. and Ml'. A. Meek appeared for Walsh. In this ease the Court declined to make . any order fixing tho hearing at Palinerstou North. • , The Chief Justice stated that the Judges were considering the question of altering the boundaries of the judicial district. Mr. Meek asked if the I'almerston liar would have an opportunity oi placing their views on the question beloro their Honours. .. Tho Chief Justice and Mr. Justice Chapman expressed tho opinion that, representations on the subject should lie made by the legal profession in all the distnots that would in any way bo affected by the change.