LAW REPORTS.

Dominion, Volume 6, Issue 1859, 19 September 1913, Page 11

LAW REPORTS.

LOWER COURT,

THE CHAIRS IN A DRILL HALL

WHO OWNS THEM 7

THE lIUTT RIFLE CLUB TRUST.

Ownership of the chairs in the Lower Hutt Drill Shed came up at tho Magistrate's Court yesterday. Th° plaintiffs wero Edmund Percy Bunny, solicitor, Wellington, and Thomas William M'Donald, major in t'lio Defence Forces, formerly of Lowor Hutt, and now residing in England. Tho defendant was Fleming Iloss, a major in the New Zealand Territorial Force.

Tho statement of claim sot out that, by deed of trust, dated January 15, 1906, made between the late E. J. Riddiford and tho plaintiffs, Mr. Itiddiford had vested tho Hutt Drill Shed site in Messrs Bunny and M'Donald, as trusteos. Tliey had erected a drillslied on the land, and on May 30, 1906, had leased tho premises to William Hobbs, dentist, Wellington, Charles John Holland, draper, Pctone, and Arthur Marshall, accountant. Lower Hutt, who were officers of tho Hutt Valley Volunteer Rifle Corps. By tho terms of the deed of trust tho trustees wero to hold the property vested for ,tho bonefit of tho rifle corps. For the purpose of furnishing tho drillslied and providing seating accommodation, £150 was raised by residents of Lower Hutt, and a portion of the amount was oxpended in the purchase of 500 chairs. By an agreement dated April 15, 1907, between .plaintiffs and Hobbs, Holland, and Marshall, tho chairs wore vested in the plaintiffs (Bunny and M'Donald). The.corps had since ceased to exist, and tho trustees wero directed by tho deed of trust to sell tho trust property and divide the proceeds as stipulated. Plaintiffs had sold the land and the drillslied to tho Crown, and tho proporty was now under tho eliargo of tho defendant, who had refused to admit tho title of tho plaintiffs to tho chairs, and to deliver up possession of them. Plaintiffs asked that an order should bo made granting possession of t'ho chairs, or, in case possession could not bo had, they claimed £100 as tho value of the chairs.

Dr. M'Arthur, S.M., was on tho bench. Mr. E. P. Bunny and Mr. H. F. Ayson appeared for the plaintiffs. Major Ross conduftod his own case.

Mr. Bunny stated that, when the land was donated, tho trustees had raised £1350 on it, and with the money had crcctcd the drill hall. A elauso in tho deed of trust stipulated that, if the corps ceascd to require a drillslied, disbanded, or became ineffective, and tliero was no otliof corps in the Ilutt Valley without headquarters, tho trustees woro to sell tho .property and divide tlie proceeds botween tho Catholic, Presbyterian, Anglican, and Wesleyan Churches in Lowor Hutt. With the advent of compulsory military training, tho corps lost its identity by being merged into tho Torritorials. The land and tho hall wero sold to tho Defence Department for £1500. - Tho mortgage was repaid, and the balance disbursed as directed in tho deed of trust. In 1906 a bazaar was held', and out of the proceeds the chairs were bought, and those wero. i on similar toriris'tV.thp\ves&';ig qf.jthe land. The trustees now wished to sell the chairs in order to divide tho money as directed (among tho four cliurohes). They were, however, unable to obtain possession of tho.chairs. In outlining his defence, Majors-Rose said that the net proceeds from the bazaar got up by the volunteer company were £86 2s, lid., whereas the chairs cost £162 19s. 6d. In 1907 Captain Hobbs had wished to resign the command of tho company, but lie could not do so until lie had found a successor, who had to tako over the liabilities of the company, which in this instance totalled about £400. Tho assets were the chairs. And that was tho position for which Captain Ross became personally liable on taking over the command. It was not until after defendant had taken ovor tho chairs as an asset that it was suggested to him that he should sign an'agreoment to transfer tho chairs to the drill hall trustees. Defendant refused to sign tho transfer, but some weeks later was informed that Lioutenant Marshall had signed it. At this stago tho case was adjourned till 11.30 a.m. to-day. GUEST OR SERVANT P EnVma Gapper, of Rugby Street, Wellington, sued Ernest Barnes, of Porirua, for £8 15s. for seven weeks' service at tho rate of £1 os. per week. Mr. A H. Hindmarsh appeared for the plaintiff, and Mr. R. Sladden for tho defendant. Plaintiff alleged that she had been engaged to look after defendant's children, and defendant contended that plaintiff was invited to, his house as a guest. Dr. M'Arthur reserved decision. UNDEFENDED ACTIONS. ' In -the following cases Dr. M'Arthur, S.M., entered judgment for tho plaintiffs by default:—J. V. Dyke v. A. Colquhoun £11 195., costs 17s. 6d.; Veitch' and Allan v. J. C. Augustine, £4 7s. 6d., costs £1 45.; J. A. Pylo v. William Wilson, £8 145., costs £1 ss. 6d.; E. W. Mills and Qo., Ltd.,, v. John Henderson, £6 10s. 6d., costs £1 Bs. 6d.; W. Wiggins, Ltd., v. T. F. Helmor, £4 14s. Gd., costs 10s.; J. Godber and Co., Ltd., v. L. M. Graco, £3 los. 6d., costs 10s.; Commercial Agency, Ltd., v. Clarke Bros., £43 15s. 5d., costs £2 145.; Barber and Co. v. Mary Brady, £1 t)s. lid., costs 55.; Caselberg, Stein, nnd Co., v. J. V. Critchfield and Co., £20 16s. Bd., costs £2 145.; P. Hayman and Co. v. J. A. Bonsficld, £33 3s. 6d., costs £2 145.; United Farmers' Cooperative Association, Ltd.,. v. Thomas Stuart Tane Tuari, £3 35., costs £1 55.; Lacry and Co , Ltd., v. same, £3 25., costs £1 55.; Van Stavoron Bros. v. R. Deighton, £2!) 25., costs £1 35.; Indian Art Depot v. Martna JI Grooor, £28 16s :Bd., costs £2 145.; Herdman and Kirkcaldio v. James Tullock, £1 10s. costs 55.; Hill and Barton, Ltd., v E. Host, £2 19s. 6d., costs 145.; Dayton Scale Co., Ltd., v. Mrs. C. M. Haydon, £5 55., costs £1 3s. 6d.

POLICE SIDE. WOMEN GAOLED FOR ONE YEAR. Rebecca M'Laughlin and Margaret Webstor, who wore deemed to bo and vagabonds, were each sentenced to one year's imprisonment. It was stated by t}ie police that at a quarter to two yesterday morning' they were found without lawful cxcuse in premises in Holland Street. THE CYCLE THIEVES. Walter Wakefield and William Collins, who on Wednesday pleaded guilty to five chargos of the theft of bicycles, appeared for sentenco. On one charge Wakefield'was filled £2 and Collins £3, and each was ordered to pay £1 Gs. costs. On tho other charges thoy were convicted and ordered to appear for sentence when called'on. TWO MONTHS : FOR ASSAULT. A sentenco of two months' imprisonment was entered against Thomas Blue, who on tbo previous day was charged with having assaulted Duncan Cameron with tho intention of doing him griovious bodily harm. After hearing the evideaoa of Cameron, tho Magistrate vo-

duced the chargo to 0110 of common assault, and imposed llie sentence stated. OTHER CASES. Joshua Heard was convicted of begging in Tory Street. He was ordered to appear for sentence when called on. For insobriety, John Shannon was fined £2, and William M'Enomoy 10s.