LAW REPORTS.

Dominion, Volume 6, Issue 1773, 11 June 1913, Page 5

LAW REPORTS.

LOWER COURT, TRANSPORT OF CHINESE BODY. TO CANTON. CIVIL CLAIM OVER EXPENSES. Of Hie practice of removing the bodies of Chinese who die here to their own country and matters incidental thereto considerable mention was heard in the Magistrate's Court yesterday, when Mr. \V. G. Riddell, S.M., delivered judgment in the case in which the Public Trustee, as administrator of the estate of Ah Chong, claimed from Mark Maxton, of Greytown, a sum of .£lB3 lis. sd. as money received by Maxton and belonging to the estate.

In tho course of his .judgment his Worship stated that it was not disputed that tho money wus received by Maxton and paid by him to various, persons in connection with the preparation and transport of Ah Chong's body to China. Deceased," continued his Worship, "left a widow and son surviving him, and these wero resident in the Kwang Tung province, China. Ah Chong had not been in good health for some time before his death, and hud sold his business with the intention of returning to his native land. Maxton had acted as his agent and kept his books lor some time and was

well acquainted with his affairs. Deceased | had several relations in New Zealand, and ho had requested one of these (Man ting) to take his body to China in the event of his dentil." Ah C'liong died suddenly 011 January 21, 1911, without leaving a will, and his near relatives arranged with a cousin of his to take the l.ody to China for .£100; and, at their M|ues:t, Maxton carried out the arrangements. Acting under instructions from the Public Trustee, Maxton had collected various moneys belonging to the estate, and out of these had paid (without the Trustee's authority) the expenses incurred in the transport of the body. The Public Trustee suggested that the bed.y should have been buried here in the ordinary way, and that at some later date, it. could have been disinterred and forwarded to China, as is done ill other insioiiccs. His Worship observed that the last case of disinterring and forwarding bodies to China had eiuleil disastrously. Tho practice of sending' Chinese bodies Home was- not a matter of convenience or sentiment", but was closely connected with the religious rites of the Chinese in respect to their dead. Although tho amounts paid wero large tliev could, in the peculiar circumstances, be regarded as reasonable funeral expenses. Judgment was tor the defendant Maxtoii. PROPERTY SUBDIVISION. Judgment was delivered l>y Dr. M'Arthur, S.M., in the caw of Seaton and Sladden, surveyors and engineers, and Tripe and others, a claim for JCsfi 19s. for professional services in connection with the subdivision of tho property known as "Maranui," and a counterclaim for .£11)1 2s. 3d. for -road alterations alleged to have been rendered necessary through faulty planning b.v tho nlaintills.

Jmlirnient was entered For plaintiffs for j £55 liis., 011 the claim, and for defendants for JiSO lis. Sd. 011 tho counterclaim. UNFULFILLED CONTRACT. In the case in which tho Scott Motor Agency claimed from Thomas Holland .C'so as damages l'r.r failure to purchase from them a motor-ear, in accordance with a written agreement, judgment was delivered by Dr. M".Arthur. S3I. His Worship said that Holland,had icfused to carry out the contract, and the only ijuestion was the, amount 01 the damages. He gave judiinunt for the plainiili, and allowed the amount claimed (.£3O). SHIFTING FURNITURE. If. Watson claimed 15s, from S. Abel as the balance of an account for the removal of furniture. Defendant couiiter-claiiucil for damages alleged to have been done to a mirror and a shovel, ilr. 1\ W. Jackson appeared for the plaintiff, and Mr. \. 11. Willis for the defendant. Judgment was given for the plaintiff on the claim, and also 011 the counter-claim. UNDEFENDED CASES. In the following cases judgment was entered for the plaintiffs by default:—A. E. Build v. A. J. Johnson, J2IH Ids., cosrs -C 2 lis. (id.; Wellington City Corporation v. Jlarv Josephine Jlill, JI6 lis. 7(1., costs Bs.; John Beck Finlav v. .las. Win. llayden, ,ei!2 Ids. 5d., coils .£lO 25.; llari Wi Katcne v. llupulia te llianga, .£lO Os. lid., costs .£1 15s. (ill.; Edgar L. Ilolmivood v. T. j'l. Ivinlcv, XlOs. Sd., costs i:l lfc". Gd.j 11. KBh 11 v."Wm. Herbert Sargent, JiG 4s. 9d , costs jet 6s. 6d.: same v. l'Vcdk. W in. Harding, -£1 10s- - ll - cosls Gs -; r » cl P s - Wi!-on and Co. v. Thus; Herbert Grav, .t'2s 2s. 2d., costs .£3; Wellington Publishin*r Company, Ltd., v. August Kuv.*ard Wxitkins, ss. Gil., costs os.; C. M. iiailKS, Ltd., v. Daveu and Hocking,. XS 55., costs i;l 3s. (Id.; rhslps, Wilson and Co. v. beo. lfonrv Fletcher. £loi) lGs. 3d., costs .£7 !),. j;]".; Duiilon ltubber Co. of Australasia, Ltd v Wlll C'has. Soar, X 7 Os. 2d., costs .£1 (id.; W. J. M'Naught v. Wm. Alniitain iS Is., costs.ss.; Jones and Co. ;• Daniel llickey, £2 7s. 5.1:, costs lis.; Wellington Citv Corporation v. Louisa Wills, X2G IGs. 3d., costs 45.; same v. Win. Chamberlain, ..£2l 2s. 5(1., cosls £\ • «ame v. John Wm. Ihckinan, M 12>. 3il' co'U D. V. Matthews v. A. Campbell, .£t 18s. Gd., costs 10s.; Alfred Ernest Kernot. v. Peter Iteyes, possession and .£8 19s. Oil., costs Bs. Gd.

POLICE BUSINESS. (Before 3lr. W. G. Eiddell, S.M.) CHARGE OF WOUNDING. TARANAKI STREET BRAWL. James Grennell appeared in the Police Court yesterday morning on a charge ct hi- having wounded Alexander Irancis Jl'Lean in Taranalii Street on June -. Inspector Hendrev asked for a le ill a lid, and stated that M'Lean would not be able to appear for a for," days. Tli:- Court grunted a remand till June 18. The accused, who was represented bjMr 11. F. O'Learv, was allowed bait (JC4O). CHARGE RE JEWELLERY. James Whituker and James Geoffrey Grahame were reniaiideil tilt June 18 resoeeting a charge of their having stolen ,£75 worth of jewellery from tho residence of Charles Jenkins at Levin on April 13. The jewellery was said to consist ot a gold watch, a gold chain, a gold so\creignoasc, and a pendant. OTHER CASES. Ruby Prosser was sentenced to one month's imprisonment for having importuned in a public street. , . Thomas O'Brien wus fined a 1 for insobriety.