SUPREME COURT

Hokitika Guardian, 23 June 1921, Page 4

SUPREME COURT

GREYMOUTH, June 22. Before Mr Justice Herdman the following business was dealt with : °COBDEN TOWN BOARD. "When Cobden was declared a Town Board on June 23rd, 1920, a Board of Commissioners was set up to arrange a financial adjustment between the Grey County Council and the Cobden Town Board. The Commission decided that the Cobden Town Board pay to the County Council the sum of £2447 18s 3d, together with interest at the rate of six per cent, from 23rd June, 1920. This amount has not been paid and was responsible for an action heard before Mr Justice Herdman to-day wherein the Grey County Council as plaintiffs, claimed from the Cobden Town Board, defendant, (a) the sum of £2447 18s 3t (b) interest thereon at the rate of six per cent, per annum from the 23rc. June, 1920, until date of judgment, (c) such further or relief as the court may seem just.

The counter claims made by tli Cobden Town Board set out that all rates struck by the Grey County Conn cil over rateable property, now included in the Cobden Town Board district, which were outstanding on the 301 September, 1920 should be deemed to be the assets of the Cobden Tow: “mid and should be payable to the Board. Also that rates receivod*by the Grey County Council, after the 30th September, 1920, should he paid by the Grey County Council to the Cobden Town Board.

Acting on the suggestion of M

• his Honour considered that it would lie as well for the County Clerk and secretary of the Town Board tc confer. The case was stood down. Later Mr Joyce stated that the clerks had computed th 0 interest owing by the Town Board at £l4O I7s sd. The amount due to the Board by the County Council fop rates etc., was computed to total £383 11s 2d. As the amount owing to the Grey County Council by the Town Board, £2594 15s 7d had been confessed the only question before the Court was the counter claim and Mr Justice Herdliinn accordingly upheld the counterclaim and gave judgment for the Cobden Town Board for £383 12s 2d, with costs £3O 14s and disbursements. WATER RACE RIGHTS.

An appeal from the decision of the warden, C. R. Orr-Walker, was allowed at the Supreme Court to-day when Mr Justice Herdman decided that Arthur "Wellesley Francis should have first right to a water-race at Fagan’s Creek, Bnrrytown, and that John Andrew Poschich should forfeit his ri 1 in connection with the same race.

Messrs A. Wilson ("Westport) and F. A. Tv itch ingh am appeared for the appellant and Mr W. J. Joyce for th 0 respondent. Arthur Wellesley Francis gave evidence that the water race had been unoonstruetod and unused fo r over two year*

TN BANKRUPTCY

Application for discharge was granted Frank Cook. Motion for release

assignee was granted in the following: A. W'. Larimer, G. F. Stewart, J. B. Cowing, E .A. Barlow. L. I. T.ord, F. Cook, J. Morton, W. Delaney. R. B. Davidson, ,T. P. and A. E, Kennedy, John Smith, L. Hahn, Ah Gin, D. S. Dodds. H. L. Dodds, E. W. Ridiford, Thomas Kelly, Gustav Hahn, Henry Douglas, James O’Donnell, TJ. McLean, Henry Holmes, W. Scoble, J. Nestor, li. IT. Mundy, J. Starkey, J. Olson, P. J. Beaton, IV. I. Hannam, P. Mordaunt.

This finished the present session of the Court at Greymouth.