THE COURTS.

Press, Volume LIV, Issue 16168, 23 March 1918, Page 6

THE COURTS.

SUPREME COURT, IN BANCO. A silting in Banco of th© Supreme Court was held yesterday afternoon before lii* Honour Mr Justice Herdman. AN INTERPRETATION "WANTED. An interesting point of law was involved in the ease of J. S. Jossop (Mr Gresson) v. Walter Hill (Mr Dougall, with him Mr Upham). Mi G reason, in stating the case, said that on November 14th, 191(3, one Carimchaei sold to the defendant Hill the whole of the wool clip on his Waircko station. On Dec-ember Ist, 191G ; the plaintiff Jessop bought from Carmicliael the Waireke station as a going concern, and had, of course, assigned to him the benefit of the wool riin contract with Hill. On December JSth, the Government, by proclamation, prohibited the export of wool except by permission of the Minister of Customs. and then, on December 21st. the Government, by proclamation, requisitioned all Wiiol in tho Dominion for war purposes. The question to be decided, Mr Gresson proceeded. was the effect of the latter proclamaion on a prior sale for forward dolivery. Mr Gresson admitted that the original contract was made imposs;blo by the proclamation, but he contended tiiat subsequently the parties had entered into a contract whiah was pos;able of performance. ;tnd within the proclamation. Under tho original contract the plaintiff was bound to deliver the wool f.o.b. ocean-going steamer, but th? proclamation fcrbade this and, Mr ■Gresson contended, the parties thereupon made a new contract for dclivery at- a Government wool store, the store being suggested by tho defendant. Th;< express intention was for the delivery of the wool at. Dalgety's store, Napier, which was, by the proclamation, a Government store for delivery, the consideration to Hill being the deduction of the f.o.b. charges. Mr Oregon submitted that such alteration in the place of delivery made the contract, enforceable. Mr Gresson contended that Hill, who had repudiated the contract, had been wrong in doing so, as the contract was quite enforceable. The second contract was one sufficient to satisfy the requirements of the Sale of Goods Act. Mr Dougall contended that by the proclamation tho ownership of tho wool was liable to bo taken away hv the. Government. in this instance, the contract: was to deliver at a place nominated by the purcha.ser. As it happened, that place was a Government, wool store. However, liy the proclamation, t.lie delivery was not to the purchaser, but to a Government wool broker. Whoever owned wool at the tinie of the proclamation had to* remain the owner until the Government exercised its right of purchase or rejection. On the making of the proclamation, executory contracts for sale wero not voided, but suspended until the Government had dei cided to take the wool or otherwise. Tt ' was clearly indicated by the proclamation that owners of wool wore not at liberty to traffic. It could not be held, as contended for the plaintiff, that the mere coincidence that the change:! placc of delivery happened to be a Government wooj store made the contract enforceable. If owners were allowed to traffic in that way, the ends of the proclamation would be defeated and tho rights of the people endangered. When the proclamation came out, owners of wool were then prohibited from selling, except in the case of the rejection of the wool by the Government. Had Jessop delivered to Hill, the Government could have seized the wool without paying compensation to either, as each would have been equally in the •wrong.

H s Honour reserved his judgment. MAGISTERIAL. (Before Mr T. A. P». Bailey, S.M.) DRUNKENNESS. An old man, charged with drunkenness, was remanded till Thursday next for medical treatment. Two women, who were stated to be friends, were charged with drunkenness. Both Mere first offendei's. One was convicted and ordered to pay 7s Od costs, and the other fined >;s. ALLEGED THEFI'. Churl es Wootton pleaded not guilty to the theft at Darfield, 011 February 27th, of a bicyclc valued at £0, tbe property of AYilliain Vlckery, Mr Ciissidy, who appeared for accused, stated that the man, while proceeding from Springfield to the city on his motor-cycle, discovered an abandoned bicycle on tho side of the road. Ho picked it up and took it into town with him. Senior-Sergeant Gumming said tbe owner of the machine had followed a course often pursued in the country. Ho had left the bicycle on the side ol the road whilst he proceeded to work. The. bicyclc was produced in Court. His Worship, after inspecting it, expressed tho opinion that it did not look like an abandoned machine. "Why," he said, "the tyres are new." Mr Cassidv said the bicycle was found in a ditch two miles from Darlicld with the tyres down, and the seat broken. He submitted that it was all a question of intent, that a man finding an abandoned bicyclc in a ditch on a country road was entitled to keep it until the owner claimed possession. The case was adjourned till "Wednesday to allow the owner of the bicycle to appear. Bail was allowed. THEFT. James Alfred Smith was charged with tho theft, 011 March loth, from Arthur llosc, of the Cafe de Paris Hotel, of two bottles of beer, four bottles of lemonade, and a bottle of wine, of tho total value of os. Mr Donnelly, who appeared for accused, pleaded for leniency. Chief-Detective Mcllvcney said accused was employed at the Cafe de Paris as a bar porter. A fine of -10s was inflicted.

BY-LAW BREACHES. Charged with cycling iit night without a light, Jack Smith, George Tnit, and Francis Henry Patterson were each convicted and discharged, Albert liiehard Lawry was fined 10s and costs, and Cyril l-'rass, Goorge Manning, and James Johnston each • fined los ancl costs. Leslie Harold Partridge was fined lfls and costs for cycling without ;i light, and 10 s and costs for giving a false name and address. The police asked for a stiff penalty in connexion with the latter offence, as a warning to others. Charged with riding motor-cycles at an excessive rate of speed, *I'\ A. Moody, Seaton C. Kellawav, Thomas Mitchell, and X. S. Wardell were each fined 40s and costs. Charged with leaving motor-cars unattended in Lowe street, Ricoarton, Charles R. Craythorne and Linton c! C. Gardiner were each fined 10s and costs.

ASHBURTON. Uipforo Mr V. G. Day. S.M.) G. Wilson was fined 10s, in default 21hours' imprisonment, on a charge of drunkenness. Judgment was given for plaintiffs i n Thomas Rainey v. Guy George, claim £4 12s, and A. Zouch v. Nellie Miller claim £0 os. ' Albert Whittaker (Mr Pennell) claimed from R. Davis and M. S.-gers, trustees in the estate of the late Henrv Davis (Mr Alpers), the sum of £94 9s. The case was partly heard at a prel vious sitting ot the Court, and after further lengthy evidence plaintiff was nonsuited.

GAMING ACT BREACHES. (press association telegram.) WELLINGTON, March 22. At the Magistrate's Court to-day, for breaches of the Gaining Act, Garnet Lawlor was lined £10, John Sullivan £-0, aud Michael Fitzjjibbon £30.