LAW REPORTS.
FEELING ACUTE. CITY LEASE ASSESSMENT THIRD ARBITER. COURT ASKED TO APPOINT HIM, Difficulty has arisen in cofitteetion with tho appointment of a third arbitrator for the assessment of Messrs. firiscoo and Coy., Ltd.'s city lease, and OH Saturday, tho parties appeared in the Supremo Court to ask His Honour the Chief Justico (Sir Robert Stout) to ftvake an appointment. Jk. Q. f, Skerrett, K.C., appeared for the lessees, while tho City Solicitor (Mr, J. O'Siiea) appeared for the Wellinaton City Corporation.
It appeared from the proceedings that Mr. J. P. Maxwell had already been appointed arbitrator for the corporation and that Mr. A. S. Biss was the lessees' arbitrator. Theso two had been unable to apree as to.the third:arbitrator and under the arbitration; provisions of tho lease application was made to the Court. Tlie whole of the sites, c-xteriS-infr from the Toivji. Hall in the south to Waring-Taylor Street in the north:, are involved in the. value tha-t might be fixed, and if satisfaptioji were given to both sides by the arbitrator' appointed in the present instance, he would probably, be asked to act in the remaining cases.
When the matter was mentioned to the Judjjo on Saturday. His Honotir asked if he could make the appointment under the statutes.
Mr. Skerrett replied that it was doubtful, but both sides had agreed J that His Honour should encereisg the, power as if he had the power wittier the statute. The lessees S'efe anliQiis I to seo'a business man appointed. ' Mr. O'Shea objected to a business man being appointed- Easiness men who were supposed to know tins' values had given estimates; that) were appalling.. They had absolutely disregarded the principles laid down by. the Cfturt and the evidence given before it. • The business men were with lihft members of tho Leaseholders' Association, or were closely connected in different ways with people who were, and moreover thevWere incapable of treating the matter ittdicially. In view of rccetii decisions, he submitted that the oitfy way to settlethe question was to get one of tho Supremo Court Judees to aet.
His Honour:. Will .foil agree to that, Mr. Skcrrott? . . '
Sir. Skerrett replied that it- would be impossible for 0110 Of the judges to apt', as there were ten cases to be taken this year.
His Honour: Can't you suggest some man of standing outside- the. city.
Mr. O'Shea again repeated his abjections to business nien, who, he rnitted, were interested dirertly ordirectly in deprecia'tin!» thesft leases, "The shock we got in. the last- eases was a sufficient experience for us," he added. '
His Honour: There are men who would not ho influenced "by" anybody-*-.plenty 'of them. ' '
Mr. O'Shea said that it was subconscious bias that was feartxl. He had no objection to any barrister, who had some idea of propertir. Tho feeling on tlie matter was s.a acute between the parties that ho ditl not think that any exception coultl bo taken to the appointment of a; Judge; His Honour indicated that there wag little chance of a Judge of th;o.S.t):nre.me. Court' beipg appointed.-' Ho Hmseif'was: not willing to act. .
Mr. Skerrett, in replying to a, •comment by■: His Honour that leases in Dunodin wero put tip to auction when there was no agreement;, said that lie (Mr.' Skerrett) had,' Urged that such a course of action would ptwe a remedy in this case, hut his suggestion had been'treated, by tho arbitrator against them, as quite unimportant. As evidence that the corpsratioii in, past, decisions had 'not got the'worst of bargains, counsel stated that in one instance a leasehold was assessed at £0 10s. per foot, but tho Oceupiers, sooner than take it lip at that price, threw up their improvements valued at £1S0& and built elsewhere. .
Mr. O'Shea: Yes, aiid we are making moro out of the lease.
Mr: Skerrett went eii to say that ths lessees in the particular case lie. had mentioned wero only p-repare'd to givo £3 per foot, and tho City Ooallc.il, by refusing to accept this, had- lost a vol-u* able new building, which ivas erected; elsewhere.
Mr. O'Shea stated that the faet remained that it would 1 pay. tlie corporation to deal with all leases as th.av were at present dealing with that partieyla-r one. . .
In conclusion, Mr. Skerrett said-that he did not desire to tie His Honour down in the selection of a .man and, if His Honour thought it- best to t*o outside Wellington, lie would be prepared to accept. His Honour intimated-that h* woiiM require time to consider tlie'matter.
. CREDITORS'" RIGHT, TO MONEY PAID INTO COVET. A case on appeal on a- point of law was decided in the Supreme Court on Saturday morning by His' .Honour the Chief Justice (Sir Robert Stout:), The appeal was from a decision of Mr. "W. G. _Riddell,'S.M., in the action in which Ellis and Manton, mere-kaiits, of Wellington, ,were plaintiffs, "W. J. Scanltw, tobacconist, of Lower Hi'itt, defendnilfc, and Casey and Hayes, contractors and property owners, of Lower Hntt, subdebtors. - . Original proceedings dated hack to March 27, 1913, when Ellis and Manton obtained.judgment against Scattlmi in the Magistrate's Oo&rt for -the sum of £34 12s: Id., for goods supplied. Thereafter Ellis and Manton issued- a ' distress warrant, .to Vs'hfeh a, return of nulla bona was made at the beiriMifag of May, 1913. On May 15. Scanlon appeared in Court on a, judgment summons, but the Magistrate declined to make any order against him. On Juno 17 a now phase of the ease arose, when ' Scanlon obtained judgment a&ainst: Casey and Hayes for £39 3s„ being' damages and costs for an illegal dis* tress. Two days later, on the apnfeation of Ellis and Maiiton, an interlocutory attachment order was issued at the Magistrate's Court (in respect of this judgment for ?M Vs.). and was served on tho sub-debtor {Clasev and Hayes) on June 23. 1013, Meanwhile, acting on the advice of Iris solicitor (Mr. A. Dunn). .Scanlon, cm Juno I§, sifrnccl documents to assign the amount (£'39 95.) to Mr. Dmffl. In paymfri-vt of all logal charges. The balance was to be applied towards the pn.vment of three creditors named. On .Trait 10. 1913, Mr. W. G. Riddell, S.M.. heard argument on the question as in whether the interlocutory attachment order should be made absolute. On Angvist 8, the Magistrate in a res-ervod decision refused to make the ordftr absolute, hut granted leave to afipeal and aiso of the moneys (£39 95.) which had been paid into Court by Casey and Haves to abide the decision of the .Court.
Against this decision tho judnfiient creditors appealed 011 tho ground that it was erroneous in point of law.
Mr. P. B. Cooke appeared in sftWnort of the anneal, which was opposed by Mr. A. Dunn.
In a reserved inclement delivered oft Saturday His Honour allowed the ap-
peal, holding that Sir. Dunn, having »a authority to receive, money from the Court could not otitain the mouey paid into Court and that the creditors had a riuht to receive that mouey.
Leave to appeal to tho Cotift of Appeal was ashed, and His Honour reserved this question as also the question of costs. DRIUiNC ENGINEER. PRELIMINARY 'CO MAIN ACTION. In tho Supreittß Court ii) Chambers oft Saturday His Honour tho Chief Justice (Sir Robert Stout) hoard a slimmavis for interrogatories in the ease in which Bernard Jacob Weger, drilling engineer, of Palmorston North, was plaiii- ■ tiff, and John. Mei-jry Herman, drilling engineer, of Tape, defendant. Mr. R. ! Kennedy appeared in support of the I plaintiff's motion, which was opposed bv Mi*. P. B. Cook©., ob behalf of the defendant.
The main action is set down for hearing at Mitstertoti, and is a claim for HMiDft.vs (tlleged to he d|o to wind up a partnership existinc; between the /plaintiff awl the dflfendant, who had eaHtraete;l to do certain oil-boring for,the H«man and We.gcr Manufacturing and Contracting Co., Ltd,
On Saturday tlio plaintiff asfced for furi]tor particulars of statements made in tti? defence and. His Hon.<m.r ottloi-cd that these stwni!.d_ bo supplied witliin 10 d-nys. Tiie question of costs ivas nv served to the boating of the action.
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Dominion, Volume 7, Issue 2014, 23 March 1914, Page 9
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1,358LAW REPORTS. Dominion, Volume 7, Issue 2014, 23 March 1914, Page 9
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