SUPREME COURT

Dominion, Volume 11, Issue 259, 20 July 1918, Page 12

SUPREME COURT

(ma IUMKAII ALTERING AN AGREEMENT A silling of the Supreme Court in Chambers was held yesterday, His Honour .Mr. Justice Chapman being on the Bench. A preliminary question in connection with 'the dispute between the boroughs of I'otone anil J.ower Jlutt with regard to the cost of gas supplied by the "former to the latter ciinie up for decision. Mr. E. P. Bunny, who appeared for the Lower Halt borough, asked His Honour for directions as to the service of an originating summons in connection with the matter. The question to be determined between ; the two boroughs was whether the Lower Hutt Council had power to consent to the variation of an agreement for lighting that was made before the war. Under that agreement I'otono agreed to supply gas to the Hutt borough, and owing to the rise in prices of materia!, coal and labour, it had nsked the Hutt borough to vary the agreeinoiit by giving a larger amount than I hat provided by tin , , contract. The question to be determined was really whether the Lower Hutt Council, being' a corporation representing the ratepayers, had «ny power to mala l such a concession. His Honour: You have assumed that it is sufficient riiat the .two parties should bo represented, but they might feel themselves similarly interested. Jf would be better to make the Attorney-General a party. Mr. Bunny: Then it would be for the Attorney-General to determine whether he would take part.

His Honour: Yes. I should my the proper course would be to order servieo on the Attorney-General and defendant borough. Mr. H. C. Kirk, who appeared for the Petone Borough Council, said the Petone Council took an entirely opposite view of the case to that taken by the Hnlt borough. It would be an almost unnecessary expense to serve the Attorney-Gen-eral.

His .Honour: Public interest is involved. If the Attorney-General does not so determine he will not attend. I think th(! Attorney-General should be served in ;\ case of this kind.

Mr. Bunny snid that he could quite see 'that on the ground of public interest the Attorney-General should bo served, but the Hutt borough was strenuously resisting the attempt by the Petone Council to vary the agreement.

.His Honour: If the Hutt Borough Council is point-blank refusing to budge from Ms agreement, why have an action at all?

Mr. Bunny: 1 may say they intend to •esist this action.

His Honour: That does not (liter my opinion that. Ibe Attorney-General should be served. It was a matter of public interest, as far as the boroughs arc concerned.

MAGISTRATE'S COURT

Sir. S. E. M'Carthy, S.M., was on the bench in (ho Magistrate's Court yesterday. William Conriclc, an elderly man, was charged with a breach of a prohibition order. Ho was fined .£5 and ordered to pay Court costs 75., in default one month's imprisonment. The following were fined for breaches of the molur by-laws:—Charles Cross (£2 and costs), Alfred Ings U2 and costs), Percy Patterson (jCI and costs), Ernest Thawley (10s. and cosls). David Leslie Hums was fined 10s. and costs XI Is, Gd for leaving a dray unattended. Tho following , were fined for allowing stock to wander:—Ernest Hiwlley, 10s. and costs; Morrieo Haslei-, 10s. and cosls; Thomas Hilcheox, .1:1 ami costs; Percy .lolinston, ;>s. and cosls; Waller liestiemix, £1 His. and cosls; Len H. Thompson, ,£3 and cosls; William ltallinger, J: I and costs. j Janus JJolherv was fined 10s. for insoorioly. Alfred Cruse was convicted of tho theft of two pairs of boots, mid was ordered to appear for .sentence when called on. Thomas Kiley was remanded (ill Wednesday on a charge of (he theft, of a dozen pairs of stockings, valued at M, from someone unknown. May Whcliin was convicted of the theft of a gold ring, and was ordered to come up for sentence when called on. She was sent lo the Salvation Anav Home tor a year. Martin D'Govern was fined 10s. and £[ Us. cosls on a charge of assaulting Uionias Owens.