THE COURTS.

Press, Volume LXI, Issue 18409, 16 June 1925, Page 5

THE COURTS.

* .• • SUPREME COURT. (Before his Honour Mr Justice MacGregor.) MONDAY. An application under the Family Protection Act lor react out cf hj:« wife's estate was made by Charles/ Barnes, of Vert Levy, labourer. The. defendants were Alexander Elliott,' Waimato, farmer; E.hel Pain, wife of W. T. I'tvin. Cheviot, farmer; W. A. Elliott, Cheviot, iarmcr; and Clarenco Elliott, an infant; also T. H. "Williams, solicitor, Christchurch, and William-A- E--, liott, executors under the will of Mrs Barnes, deceased. Mia Barnes we.s a wido.v when she married Blrnes. Many of the defendants ore her children by Tier fiist marriage to George Elliott. Mr C. S. Tlomas appeared on behalf of . the applicant, nnd Mr A. T. Donnelly for the defendants. "William A. Elliott, in an affidavit, stated that, subsequent to his father's death, the farm was carried on by his mother, and that, even after ehe married again, Barnss was oh.jr nominally manager en the farm, doing practically no-thins, lie occupied ths position to prevent trouble with Mi* Barr.o9, and to preserve the family pr)C2. He left it altogether some eight mcntiis lefore tho farm was sold. He hr.d two sons and a daugh«\ When he married Mis. Eikott he "was tho owner of a threshing mill plant,but gave ifc to h's sons when ho married. Mr Thomas said that Barnc3 was 64 veais of agre and his inccme was sbout £.l. per week. The condiikn of his health prevented him earning a livelihood. His wife left about £3OCO. Her children had received £2OOO each frcm their . father's estate. Barnes helped to build up his wiie'a estate, which was valued a few yea/.s ago at £9OOO, and Barnc3 cliimed that he P.ctd as managci/ of tbe farm, spending practically aIL his time there, but ho received nothing in wages. He was rfiw the occupier of a saiall hut on Banks Peninsula. Mr Donne : ly Submitted that 30s ft wees would be sufficient payment. His Honour said that Barnes was -unfit to work and it was unlikely that he would recover sufficiently to ■ earn money, but he could resort t> "the snm of £7OO in his possession if he need d a large snm at any time. An order would" Co made'' for him to be paid £1 per week cut of the estate as from June 22nd. Costs amount-in? to £G Cs were allowed cut cf the estate.

MAGISTERIAL. ( r MONDAY. (Before Mr H. Y. Widdowson, S.M.) DRUNKENNESS. Two first 'offendere were each convicted and fined 205,. in delauit 48 hoars' imprisonment. A statutory first offender 'was similarly dealt with. SENT TO ROTO ROA. Appearing on remand for sentence on charges pi drunkenness and a breach of his prohibition order, a middle-aged man. named George Williams, had nothing to say.. 'Williams was separated from his. wife in January last, on the ground of habitual drunkenness. » His Worship committed the accused to

Rolb Boa inebriates' home"' for > twelve months. ... . i; REMANDED. jj Previously convicted 'iii other towns'bn charges of theft and for being idle an 4 disorderly, John Cochrane Pollock, Med 20 years, appeared and pleaded guilty to having been found by night in Guthrie's baardinghouso, Mdorhouse avenue. The police Said accused had bben° found sleeping on a fcouohin the dining-room. Prisoner, who wax slightly deaf, told the .Court he had no money. "I would like enquiries to be mads about him," fiii'id his Worship, and remanded Pollock tp appear on Thursday. DISGUSTING OFFENCE. On a ch&tea of drunkenness, G tor go Robert '. Brown,. aged '4B years, waft convicted and fined ICB, in default 24 hours' imprisonment, and on a further _ charge of haying cast offensive matter in e, right-of-way near Cathedral square, he was convicted and fined 40s, in default 14 days' imprisonment. Brown asked that Ms Worship forbid publication cf his name in the notpipancrs. . "I'll leave it to the Press to,. -do W they think fit," said tho Magistrate. FIGHTING. "This man was fi/jhting outside tho Opera . Houeo," said Sub-Inspector A., Cameron,, whin Alexdhder Cairn>> aged 33 years, admitted fighting in a public place. Cairns was convicted and fined 20s, in default eeven days' imprisonment. CIVIL BUSINESS. Judgment fo* the pluihtiff by default was given in the following cases:—F. \Y. Oresham v. M. Simpson, £1 4a; -N.Z. Farmers' Co-op., Ltd.. v. Roy Nottingham, £lO 13i 9d, Amalgamated Society of Railway Servents v. J. H. tetlow, £ i; Carrick Wedderspoon, Ltd., v.. Allis Engineering Co., £SO 103 6d; Qarrick, Cowlishaw, Alpers and Sicholla v. It. M Taiarba, £5, 10s; Davidson and Wtuchop, Ltd., v. W. Allen, £3 6b 2d. M. Truscott WB3 ordered to pay Francis Clark the turn oi £l4 13s forthwith, in de- »- fault 21 days' imprisonment. RANGIORA. (Da'ore Mr Wyvern Wilson, 8.M.) J. G. Watkins claimed 4190 15s from Edward J. Barrett. Judgment v/aa given for tho plaintiff by default tor the amount claim- ' ed with costs. In a claim for maintenance by Mar; E. Bollard against H. Cofey, . and James E. Coey, asms of the applicant by a former marriage, no order was made against H. Coey,' ' while the case against James Coey was adjourned till July 6th. KAIAPOI. (Bafore Mr Wyvini Wilaon, B.it.) Dorothy J. Franklin (Mr Corcoran) proceeded against Albert Francis Franklin (Sir Tracy) for disobedience, • of a maintenance order, the arrears being £328 to April 14th, 1025. Defendant was convicted and sentenced to three rflpntha' imprisonment, tha ' warrant to be suspended provided) he paid off arrears amounting to £B2 at the rate of 10s per week,' and kept up the current payments under the order. , Judgment for plaintiff by default was given in tho following cases:—H. IJaSSall v. W; Hopkineon. claim £4 4s: T. Ramsey v.

P; Clough, claim £6 9a 6d; G. It. ~3£xais» t. C. G. Wallace, claim £1 Ma. In Carey's, Ltd., r. W. Pohoraaa, dsim £sd 12s 4d, judgment tras varied hj «&«£• irig payment of £27 ITs 4d l»y instshaeißta «| £1 on the first day of each month. Ota &sg payment to bo m»d« oa Axqput Ist.