LAW REPORTS. BOULCOTT STREET CONVENT.

Dominion, Volume 6, Issue 1623, 14 December 1912, Page 14

LAW REPORTS.

BOULCOTT STREET CONVENT.

TYSER 1 WRECK. CHARGES FOR LIGHTERAGE. AT GISBORNE. THE DECISION OF THE COURT. Reserved judgment was delivered in tile Supreme Court by Mr;--Justice Chapman yesterday, in the ease in which, tho 'i'yser Line, Ltd., and J. Mann Hart (master of the Star of Canada) proceeded against the Gisborne .Sheopf armors' Frozen Meat Company, Ltd., to recover the sum of £5824 alleged to bo due for overcharge for -lighterage in connection with the salving of-the Star jf "Canada's cargo. At the hearing Sir John Findlay, K.C., with him Mr. D. M. Findlay, appeared for' plaintiffs, while Mr, C. P. Skerrett, K.C., with him Mr. Sproule, appeared for defendants.The' circumstances suxroundins the wreck of the Star of Canada are well known. After the vessel had. gone ashore on a rocky coast off Gisborne, a large portion of her cargo was removed in lighters. The Gisborne Sheepfarmers' Frozen. Meat Company, Ltd. (defendants) were paid <£8363 for lighterage, and the Tyse'r Company and Captain Hart (plaintiffs) claim that v the amount, according to the Gisborne rates, should have been ,£2539. In defence it was contended that the charges were fair, considering the nature of the work (the men receiving up to is. per hour) aud that the charges , were practically agreed to. • After giving judgment, his Honour said: "T have come to the conclusion after examining the whole of the evidence, that I ought to alhjw the defendants on all accounts; on tlio footing of quasi salvage services in the nature of meritorious agency, a suin of .£3400. . In arriving at this sum.l have taken into account the dates on-which an excessive sum was demanded by the defendant company and paid!by the plaintiffs, and the fact that -the balance-sheet shows that tho defend-' ant company must have had the advan-tage-of interest on this sum. In the result there will be > judgment for the plaintiffs, for ,£4963 19s.' Gd., with costs as per scale upon this sum, together with witnesses' expenses and disbursements to be fixed by tho. Registrar at Gisborne. There will be an allowance of £15 15s. per diem for five further days, and an allowance of £8 Bs. per.' diem for second counsel. Reserved interlocutory costs, if any, will be, allowed to the plaintiffs. Should any question arise in adjusting the costs it may be referred to a Judge in Chambers." TRAM OPERATIONS. THE COAL COMPANY'S CLAIM. Tramway construction to _ Wadestown has given rise to another claim for compensation. The Court which assembled to hear the case comprised the Chief Justice (Sir Robert Stout), and two assessorsMessrs. C. B. Morison and A. L. Wilson. The parties were the Westpoi't Coal Company, Ltd., claimant, and the Wellington City Corporation, respondent. Mr. A. W. Blair' appeared for the Westport Coal Company, .while the .City Solicitor, (Mr. J. O'Shea) appeared for the Corporation. V ■ '■ ■'■'•' > i According, to statements placed before the Court, the Wellington Hospital owned a piece, of land at the corner of Molesworth Street and Tinakori Road. This land was leased to the Westport Coal Company for a period of six years as from January I, 1911, and it'was used partly es a woodyard. On another part of it were two buildings occupied by Chinese as fruit shop and laundry respectively. It, however, happened that in connection with:the construction of. the Wadestown tramway portion of this land was taken under the Puhlic Works Act. As, a result one of the buildings had to be pulled down and its rental was lost. No claim was made for tlia loss of the buildings, but loss ,of rental was claimed in respect of the remaining term of the lease. A claim for loss, of business had been made, but - it was not desired to press for the whole sum. The total claim was for £611, made up as follows Loss of rent from shop destroyed, JSB7; leasehold interest in 1.44 perches of land, ,£24; loss and dis-! turbanoe of business, £150; altering dwelling into shop, and rebuilding office, £70; relettering fence, £25; ten per cent, for compulsory, talcing, £55. , Evidence was called on both sides, and j after hearing counsel the Court retiirW to consider the matter.

A little later the Chief .Justice announced that the . Coiirt awarded the claimant the eum of .£175, and ordered each party to pay its own costs, and its omi assessor's fee, £7 7s. The Court deferred entering the. award until it knew what arrangement is to be made between landlord and tenant regarding Tent. It suggested that a reduction of about oneseventeenth would bs fair. If no agreement were arrived at, the Court would sit to make an award on December 20, to which date it stands adjourned. HOME-MADE WILL. ASCERTAINING ITS MEANING. In the Supreme Court yesterday the Chief Justice (Sir Eobert Stout) delivered Teserved judgment in an originating summons which had been issued to interpret the will of William John Taylor, farmer, late of Halkett, deceased. The Public Trustee, as' administrator of the estate of James Taylor, late of Halkett, farmer, and a trustee of the will of the said William John Taylor, was plaintiff, and Annie Walker, of Halkett, married woman, was defendant. At the hearing Mr. J. W. Macdonald, 60licitor to the Public Trust Office, appeared for the plaintiff, and Mr. T. Young- for the defendant. William John Taylor died on May 11, 1899, and probate of the will was granted to the executors, who subsequently appointed the Public Trustee in their place. The deceased left as survivors his widow (Annie Taylor), who subsequently married one John Walker, of Halkett. roadman, and one child (James Taylor), who died intestate, leaving a widow and three children. Administration of hie estate was granted to the Public Trustee on May 21, 1912. i The question whioh the Court had to determine was tho ownership of certain lands, which were now of considerable value, and which included 50 acres, situated on the Bealey Eoad, -70 acres, on Painter's Track, and the homestead, consisting of house and 14 acres of land. His Honour decided that the widow should receive one-third of the estate and that two-thirds should go to the estate of the late James Taylor, the son. MAKING MARGARINE. APPEAL FROM MAGISTRATE. An appeal from a magisterial decision was heard in the Supreme Court yesterday morning by Mr. Justice Sim. The parties were James Doyle, corporation inspector, appellant, and Eobert Hall, margarine manufacturer, respondent. The City Solicitor' (Mr. J. O'Shea) appeared for the appellant, while Mr. M. Myers appeared for the respondent. In the original action in tho Court below, Hall was charged with carrying on an offensive trade, viz., melting tallow in Martin Street, Wellington. Tho information was heard on July 2C last be; fore Mr. W. G. Riddel], S.M. On August 10, his Worship delivered reserved judgment in the course of .which he eaid that the main object of tallow me!tinff works was to produce tallow, but the tallow melting by defendant was only part of the process of tho manufacture of margarine. The evidence of the majority of the witnesses had shown clearly that no nuisance had been created. Tho tai-low-melting trade referred to by tho Public Health Act had to be. offensive, in fact, before it could be termed offensive, and not merely auxiliary to another trado authorised by a different statute. Tho information was dismissed, and tho informant (Doyle) was ordered to pay costs amounting to two guineas. It wus from this decision that Mr. Doyle appealed yesterday, on the ground that it was erroneous ia law. After taeriiig ergiweat, tit Hoaaur, ru-

PATENT LAW. | TRADE-MAKES APPLIED FOE. Questions as to the registration, of trademarks were again before Mr. Justice Sim in the Supveipo Court yesterday morning in connection with/ two motions by Clark and Co., Ltd., sewing cotton manufacturer;), of Anchor Mills, v Paisley, Scotland. Mr. W. H. I). 801 l appeared in support of both motions, while Mr. H. H. Ostler, of the Crown Lay Office, appeared for the ■ ilegistrar °f Patents. In the first motion, the company asked for an order directing the Registrar of Patents to proceed with the application for registration of tho word "Brilliant" as a trade-mark in respect of crochet cotton, manufactured by the company. The application was made upon the grounds that the word is a distinctive mark within the provisions of Section 64 of the Patents, Designs, and Trade-Marks Act, 1911, and upon further grounds set out in affidavits. The second motion was. in, respect of the words "Mile End," also to be used as a trade-mark for crochet cotton. The application for registration of these words was made on similar grounds lo that of the first one. After the case had been argued by counsel at some length, his Honour reserved decision. : MAGISTRATE'S COURT. (Beforo Mr. W. G. Riddell, SJMJ FURIOUS DRIVING? In the Magistrate's C-onrt yesterday Rasmussen Jepson.and William Walters were charged with having driven cabs along Thorndon Quay at & furious pace. • Tho defendants stated that their horses had taken fright, and that it had taken I them some time to steady down. His Worship dismissed the informations. CHARGE OF THEFT. James Courtenay was accused of the theft, of a kit and clothing, vnlusd at jE2 10s., belonging to Walter Fuller. Chief-Detective Broberg said that Couri tenay was only arrested at about 2 o'clock yesterday morning.. The police wished for a remand till Wednesday, next. The remand was made. RABBIT PEST. Maurico W. Prendfiville was oharged ■ with having failed to comply with a notice to destroy rabbits on his land. Mr. J. J. M'Grath appeared for the defendant, who stated that ho had not laid poison, but had adopted various other means of destroying the pest. • The defendant's statements were corroborated by several witnesses, and his Worship dismissed the case. OTHER CASES. For having used objectionable language Peter Moroney was fined £2. On oharges of having importuned in public thoroughfares, Annie Maud Sales was sent to the Salvation Army Home for. sis months, and Hazel Stanley was remanded till Monday. Abraham. Lovy was fined £2, with costs 75., for- having employed certain female? in excess of the specified hours; and for having made wrong entries in his wages and overtime book he . was fined £3, with oosts 7s. am Snow, a man-o-warsman, who Was-accused of having used objectionable language in public, was handed to the Naval authorities for them to deal with him. For offences under the Defcnce Act, the following were penalised _ in email, sums:—John Carruthers, Frazil Godfrey, and Noel Godfrey. ~ , ■ Leonard M'Kenna was fined £2 for nav- j ing used "insulting laaguage at Plimmerton railway station. ' • • _ . For insobriety, Thomas 0 Brien was fined 10s., and Edward Rickard £1. For having failed to comply with a drain-ago notioe, Ernest J. D. Benjo "syas fined .-61, with costs .£1 , On a charge of having tailed to keep a proper wages and overtime book, Barber and Company were ordered to pay costs 7s. For haviing broken prohibition orders, Violet Paton was sent to Pakafcoa for ono year Andrew Stefiert was fined .£3, JohnO'Sullivan . and William Egan r.M.. William Steffert was fined £2 for having accompanied Andrew: Steffert into a hotel. Defendant stated that he was in the hotel having a drink whsn his brother followed him in.

tee prize list. ' The prizes won during the year by the scholars attending the ■ Boulcott street Convent School wore presented' by Mrs. T. G. Macarthy on Thursday. afternoon: The list of winners is as follows:— Special Prizes.-Cbristian doctane, medal, gift of the Very Rev. Dean 0 Shea, Florence Outtrim. Good conduct, gold medal,'gift of Mrs. Macarthy, senior division, Maggie M'Murrich. • Good conduct, junior division, Avenna 0 linen. Highest marks, gold medal, gift of Mrs. Macarthy, Agnes Ward. Regular attendance, medal, gift of Mr. T. Burke, senior division, Marion Weybourne. Regular attendance, junior division, Mary 0 JJnscoll. Needlework, senior division, Mona Davis. Needlework, junior division, Madge Hcnningham. Music, higher division, Bene M'Murrich. Singing, Florence Outtrim. . ' . , . ... . Standard VI.-Ghristion doctrine, gift oi the Rev. Father Bowden, Mona Davis. Diligence, May Patton.-' Arithmetic, Agnes Ward and Maude Browne. Composition and geography, Maude Browne. • Reading and spelling, Florence Outtrim and .May Patton. -Writing, Marion Weybourne. Drawing, Maggie M'Murrich. _ Standard V.—Christian doctrine, Nora O'Sullivan. Highest marks, Bridget Devlin. Diligence, Nellie Fitzgerald. Arithmetic, Bridget Devlin and Ivatie Clements. Composition. Agnes Schmidt and Clara Galloway. Reading and Tecitation, Nora Moynihan and Nora O'Sullivan. Spelling, Nellie Fitzgerald. Drawing, Katie Clements and Lela Brett. Writing, Nora Moynihan and Margaret Knudsen. Geopraphy, Lcla Brett and. Clara Galloway. Highest attendance, • Agnes Schmidt. General improvement, Violet Jacobus. Standard IV.—Christian doctrine, Hose M'Naughton. Highest marks,_ Mary Sullivan. Diligence, Nora .Gostein. Arithmetic, Emily Peters and Annie Chalton. Composition, Mary Ryan. Reading and recitation, Reno M'Murrich and Dorothy Chapman. Spelling, Laura . M'Namara and Irene • Donovan. Drawing, Mollie Hodnett. Writing, Veronica Kandseu. General improvement, Emily Neils and Statia Condon. Standard lll.—Christian doctrine, Margaret Wooller. Highest marks, Rose Fuohy. Diligence, Teresa Hiokey. Arithmetic, Teresa Black, ■ Composition, Mary Milesi. Reading, Lizzie M'Naughton. Spelling, Eileen Sullivan. Writing, Greta Barrett and Eileen Pender. Tables, Lizzie Gninan. General improvement, May Hannafin, Teresa Ryan, and Emily Dorgan. Standard ll.—Christian doctrine, Mary Burke. Regular attendance, Leslie Hatpin and Job Barnes. Arithmetic, Iris Cookson. Composition, Pesgy Burke. Highest marks, Nellie Hylana. Reading, Evelyn O'Brien. Spelling, Kathleen Hickev and Amelia Moran. Drawing, Mary Gavin. Writing, Kathleen M'Glinchy. General improvement. Iris Warren, Hilda Anderson, Julia O'Halloran. Standard I.—Christian doctrino, Lexie O'Driscoll. Diligence, Mary Browne. Arithmetic, Thoo Halpin. Reading, Eileen Ryan. Spelling, Eva PeaTce. Reading, Molly Ward. Drawing, Mariorie William. Spelling-, Eileen Murphy. Writing, Eileen M'Mahon. Spelling, Winnie Gavin. General improvement, Eileen Hannafin, Kathleen O Brien, Rita M'Gee. Thoso who received certificates of proficiency were -as follow:—May Patton, Mona Davis, Margaret M'Murrich, Florence Outtrim, Marion Weyburne, Maud Browne, and Agnes Ward. The Sisters of Mercy diesiro to thank the following donors of prizes:—The Very Rev. Dean O'Shea, V.G., tho Rov. Father Bowden, the Rev. Father Hurley, Mcsdames Macarthy, M'Murrich, Burke, O'Brien, Gavin, and Mr. T. Burke.