COURT OF APPEAL

Dominion, Volume 7, Issue 2205, 18 July 1914, Page 14

COURT OF APPEAL

PATENT RIGHTS

ALLEGED INFRINGEMENT

Before the Court of Appeal yesterday (the Chief Justice, Sir Robert Stout, presiding) the case in which the Ridd Milking Machine' Company, New Plymouth, proceeded against'the Simples Milking Machine Company, Wanganui, on the Ground that the patent rights of a ; milk-releaser had been infringed, was concluded. The Court reserved its decision. Among other requests, the plaintiffs ask for an injunction, to restrain the defendants from making or vending infringements of their patent. SUPREME COURT. EROSION BY RIVERS. Yesterday afternoon, His Honour the Chief Justice (Sir Robert Stout) heard argument on an originating summons which was brought to determine certain Palmerstou North matters arising out of Section 9, Subsection 2, of the Kivors Boards Amendment Act ■ 1913. The plaintiffs were the Palmerston NorthKairanga River Board, and the defendants were the Palraerston North Borough Council and the Kairanga County pouncil. Mr. H. It. Cooper, of Palmorstou North, appeared for the plaintiffs ; and Messrs. T. Young, of Wellington, and F. H.! Cooke, of Palmermerston North, represented the dofendants. The questions' , submitted to the Court were: .. \. . . ■ . (1) Should all lands in a river district, other than those suffering, or likely , to suffer, actual injury from flooding or erosion of, the hanks of the river, ,be classified under Class D, as provided by . Section ,9, Subsection 2, of the Act? • ' (2) On what principle should assessors, proceed-in determining the particular classes into which lands. should be placed ?. (3) Should the word ".benefit," in Section .9, be limited in meaning to the protection of land from 1 actual danger from the. river? '.■'■■ (4). Are lands in the district under Class D liable to pay any rates? (5). Is the last proviso to Section 9 (Subsection 3) available too Tate- ' payer''as a defence to an action for recovery of his rates (a) if his land is | classified under A, B, or C? (b) if his land is classified.under D? and is such defence available every year according to the particular expenditure >of that year's revenue? ,(6) Is the . Borough of Palmerston North liable to pay rates to the River Board for: —(a) Lands which are not let to tenants? (b) any of the reserves referred to in Sections 140 and 144 of the Municipal Corporations Act 1908? (c)' the land referred to in the Palmerston North Reserves Act 1890, and the Amendment Act of 1901?. (d) lands t usod exclusively.by the borough?. . (7) .What is the meaning in Section 2, Subsection 2, of the Rating ActAmend,ment Act, 1913,' "Lands and buildings oxclnsively'tised by'pny" local authority. , for its owii business" ? When counsel concluded their addresses, His Honour said that lie would take time to consider tho issues. . :