SUPREME COURT.

Dominion, Volume 6, Issue 1581, 26 October 1912, Page 14

SUPREME COURT.

TWO JUDGES. POINT IN CIVIL PROCEDURE. Rule 46G of civil procedure requires that statements of claim in actions for mandamus and the like shall be verified by affidavit. Tho question has been raised as to the form of this verification, aud in the Supreme Court yesterday afternoon the Chief Justice (Sir Robert Stout) and Mr. Justice Edwards heard argument on the point. The cases in which the question arose were those of Daniel Hannan v. Tho Ikaroa District Maori Land Board; aud Hannan v. the Land Board and another.

Defendants moved to dismiss the actions on tlie ground that the rule had not beoa complied with. Mr. M. Myers appeared in- support of the motion, while Mr. A. W, Blair, on behalf of the defendants, raised opposition. ' ' After hearing argument, his Honour reserved decision. FULLER AND SONS' LEASES. READJUSTMENT SOUGHT. Messrs. John Puller and Sons, who hold a number of city leases in tho Club Hotel Block, are anxious that these leases should all mature on the same date. On this account a. declaratory judgment (interpreting Section 141 of the Municipal Corporations Act, 1908) was sought from tho Supreme Court yesterday afternoon, when, ■the Chief Justice (Sir Eobert Stout), was presiding. The parties were John Puller and Sons, plaintiffs, and' the Wellington City Corporation, defendants. Mr. T. Young appeared for Fuller and Sons, while tho City Solicitor—(Mr. J. O'Shea) appeared for the corporation. It appears that Puller and Sons hold three- leases of the following description: —(1) Por three years from January 1, 1911; (2) for 21 years from March 1, 1305; (3) for six years from Janua?y 1, 1908. The question for determination wa3 whether (under Section Ml of the Act) the Corporation was authorised to accept the surrender of the leases and to grant' to Puller and Sons new lia.-. for an original term of one year fron January 1, 1913, with a provision for renewed terms of Id years in perpetuity at a rent to be fixed by valuation. After hearing argument his Honour reserved decision..

APPEAL DISMISSED.

WHEN THEY WALKED THE PLANK. Reserved decision was delivered in the Supreme Court yesterday, by the Chief Justice (Sir Robert Stout) in an anneal from the decision of tho magistrate, in Wellington. The appellant was Alexander Grant, master of the ship Strathroy, while the respondent was John M'Kinnon, wharf labourer, of Wellington. At tho hearing Mr. A. Fair appeared for tho appellant and' Mr. P. J. (/Regan appeared for the respondent. It appeared that in the Court below M'Kinnon proceeded against Grant, claiming damages in respect of an accident. On August 13 last, M'Kinnon, with four other men, used a gangway which collapsed and threw all to the ground. M'Kinnon alleged that the accident was due to the negligence or default of Grant, in that the gangway - tras either defective in construction or insufficiently strong. Hie magistrate found that the defendant had-been guilty of negligence, and awarded damages, .£22 2s. From this decision the dofendant (Grant) now appealed. His Honour dismissed the appeal with £5 ss. costs.