LAW REPORTS.

Dominion, Volume 2, Issue 444, 1 March 1909, Page 5

LAW REPORTS.

SUPREME COURT. CRIMES BY YOUTHS. HIS HONOUR ON PARENTAL CONTROL. Three boys—all about 17 years of age wore brought up for sentenco before Mr. Justice Cooper on Saturday. A FORGED EDUCATION CERTIFICATE. Francis liartosh, who was first dealt with, had admitted having forged an education certificate at Pahiatua with a view to obtaining employment on the railways. Mr. Buddie asked that prisoner be admitted to probation, and mentioned that, upon leaving school, prisoner worked for his father. In October last he left home with the object of improving his position. Before applying for a position on tho railways be forged his school certificate so as to make it appear that lie had passed tho fifth and the sixth standards. His Honour: The writing wonld deceive rio' one; it was a very clumsy forgery. _ Continuing, counsel stated that prisoner s ■ only motive in committing tho offence was to obtain employment. His father was willing to take him back. His Honour said ho would admit prisoner to probation. By so doing it was not to be thought that ho looked upon tho offence as . a trivial one. If the forgery had been effective it might have resulted in putting out of their turns others who honestly possessed certificates. Prisonor would be admitted to probation for twelve months, on condition, that lie returned to his home and paid tho' costs of the prosecution. ■'LED ASTRAY BY A SCOUNDREL." A plea of guilty in respect of a very serious otfence had been entered at lUthani by Robert M'Phun, who was then presented for In reply to a question, prisoner stated that he had no parents. _ His Honour said that tho offence appeared to' have been committed deliberately. 1 The'proper place to which prisoner" should be sent 'was a reformatory, and, if he had been two months younger, ho could have been sent to an institution It appeared that prisoner had been led astray by a former employer, who was a thorough scoundrel. He was reluctant to send a lad of his ago to herd with criminals. . , To the Police Inspector! Do you think that you could find employment for. him with respectablo people? . Mr'. Ellison:, I don't think I would have any difficulty. • . ' . , Mr Bell (the Crown Prosecutor) ,stated that he would be glad to join with the police in seoing what could be done. His Honour: I could not allow the lad out on probation,. but I could postpone passing sentence upon him As ho has no parents, I should 'like to see him get employment with people who would look after his moral and physical welfare. It is ternblo to see a lad charged with.a crime of this description, and more terrible that ho shquld have _ been tempted into crime by a wicked man. i shall defer sentence until Saturday next.

VICTIM OF THE "PENNY DREADFUL." ■ Tlieft of tools from the premises of the Hutt Valley Hardware Company was the offence which had-been committed by lerence Murphy, who was'represented by Mr.. Williams. . ' , . ... Evidence, as to character was given by the father of the lad. ' His Honour: Do you know what led him to commit the offence? * Mr. Murphy: Tho boy is ycry reticent, iho only thing that I can put it down to is the kind of literature which ho has been reading. His Honour: It would bo well if you could break him of the habit. I know it is difficult nowadays to compel obedience. - In my own days we would liavo thought it a \erj high offence to disobey our. parents.' Herbert Coulls, of Coulls, Culling, and Co., stated that the firm was prepared to take tho bov back into its employment. tlis Honour said that it was not a case for probation, but he would release tho lad on an order requiring him to come u'p^for-sen-tence when called upon. He would adopt that course because tKe lad had hitherto borne-a good character, and because of his extreme youth. Mr. Coulls's offer to take him back was to bo commended. Ho would adviso the lad to refrain from reading the kind of literature which he had been reading, and to occupy his mind with something which would do him good instead of evil. If the lad' wanted to read novels or works of fiction, there wore many works —thoso of Dickens, Thackeray, and Scott —which he was sorry to seo boys do not now read. The penny dreadful" class of literature would ultimately lead a lad to absolute ruin. "One of the defects of tho present day, added his Honour, "is that children won t obey their parents,' and it is seen on' the innumerable occasions boys come before me that if they had been obedient to the advice of their parents and other good people they would never' have stood in tho position which prisoner now occupies."

CIVIL SITTINGS. (Before Mr. Justice Cooper.) SALE OF A FARM. Tho hearing of a case, in which the plaintiff was Alfred BengeJ and tho defendant was Henry Pearson, was then commenced beforo Mr. Justice Cooper. . ' Mr Trcadwell appeared for plaintiff, and Mr. Bell, K..C. (with him Mr. Bunny), for defendant. This was ail action by plaintiff to have a contract for the sale of his farm at Mungaroa to defendant, who resides at Nottingham, England, specifically performed. It was alleged by plaintiff that, oil May 5, defendant's solicitors wrote to his solicitors that a Mr. Rawson was purchasing the property on behalf of defendant. ' Tho price stated in the offer was to bo .at -the rate of £7 10s. per acre, in' respect of all tho land shown by a survey to be made to be included in tho farm. Half the purchase money was to be paid at once, and the balance as soon as it was certain that the land transfer title could be obtained. Subject to the payment •of a deposit of £200 (which was made), plaintiff, on the same dato, accepted the otter. Defendant, who had entered into possession of the property, had refused to complete the contract. In addition to asking that the contract might bo decreed to be specifically performed, plaintiff claimed £500 damages. Tho defence to the action was that plaintiff allegedly pointed out the wrong boundaries to defendant, and that when tho survey came to be made it was discovered that there were only 80 acres of flat land out of a total area of 365 acres, instead of 165 acres, as had been represented to him. . Defendant counter-claimed that in consequence of plaintiff's failure to complete ho 'had been unable to make the whole of tho improvements necessary to enable him properly to work the lands. He claimed (1) that plaintiff might be decreed to specifically perform the contract' by conveying the lands comprised within the boundaries shown to him and ordered to pay £100 damages; or (2) that plaintiff be ordered to convey all the lands that he might bo ablo to convey, and that a rebate, by way of compensation in respect of the shortage of area between the flat land sold and the flat land conveyed, bo made, plus £100 damages; or (3) if defendant be held not entitled to claim specific performance with compensation, that plaintiff bo ordered to compensate him for the amount that ho"had expended on the improvement of the property and to repay to defendant the deposit and other moneys which ho had expended.

The first witness was -W. G. Hutchison, who said tho property was described to him by Ben go, and the boundaries pointed out. He had authority to buy or sell tho property, and he offered it to Rawson_ at £7 10s. per acre on 365} acres, comprising 200 acres of hill and 16-5 of flat, being tho areas represented to him by Benge. The contract was signed, but, for legal reasons, afterwards abandoned, and new arrangemonts made, witness in the meantime obtaininc authority from Benge to sell. He

took tho authority in special form ■ to protect himself. He was to make what ho could on it. He did not disclose to Benge what profit ho was making, and told Rawson that he was himself a purchaser. George Moore, farmer, liparaima, said he was shown by Hutchison tho land, with tho boundaries as described by the last witness, when ho inspected it on behalf of tho prospective purchaser, with Rawson. Tho property, witli those boundaries,' was chcap, but as afterwards defined, it was dear, and ho would not have advised the purchase. J. It. I'. Rowley, land agent, Nelson, and formerly a farmer, described the boundaries as pointed out to him by Benge, being tho sanio as described by tho previous witnesses. ,H. I', liawson, dentist, Wellington, a cousin of tho defendant, said lie was empowered to purchaso a farm for defendant's son. Ho was shown over tho farm by Hutchison, who pointed out tho boundaries. He eventually agreed to purchase from Hutchison, as agent for Benge, at £7 10s. an aero, and signed a contract mado between Hutchison and himself. Ho then instructed Messrs.' Bunny, l'etherick, and Ayson, who raised questions as to buying from Hutchison. Ho then signed an undertaking to Hutchison to purchase from Benge, and this was followed by correspondence between tho solicitors, forming the basis of tho contract. Ho had 110 reason to suspect that the boundaries pointed out wero not tho truo ones. He would not have bought the laud sought to be imposed on him. He did not know of the inaccuracy until six weeks after ho took posscssiou. At 4.45 p.m. tho case was adjourned until a dato to be fixed. MAGISTRATE'S COURT. (Before Mr. W. G. Riddell, S.M.) CHARGE OF ASSAULT. An elderly man named John Orsborn appeared in answer to a charge of unlawfully assaulting one Geo. Trask. Accusod assumed an unusual attitude . in tho dock, posing and gazing vacantly 1 at tho roof of the Court when asked bow ho pleaded. At length he intimated that ho was a little rough with informant and pushed him. Station-Sergeant Darby asked for a remand for a week, his Worship directing that accused should bo examined by tho gaol surgeon in the meantime. ■ INSOBRIETY. A young man named Alexander Churchman, deemed to be an habitual drunkard, was convicted and sentenced to one month's imprisonment. His Worship warned accused that he was liable to bo sent to the I'akatoa Inebriates' Homo for a period of twelve months. Threo first offenders wero each convicted and fined ss. SWIMMING, j 9 | STAR BOATING CLUB'S SPORTS. The annual swimming sports of the Star Boating Club were held off the boathouse on Saturday afternoon in perfect weather. Lady friends of members predominated in the assemblage, which appeared to be one mass. of summer raiment. Taken right through the gathering was a decided success,, although tho competitors who entered did not show any eagerness to face the starter, more especially in the 50 Yards Handicap. The club championship only attracted two starters, E. E.' Jenkinson nnd B. C. Freyborg. At the end of the first fifty yards Freyberg had a slight lead, which lie increased at the turn. In the final stretch lie drew away from his opponent gradually, and won by about 10ft. There were eight competitors for tho 50 Yards Maiden Race, which was won by K. Wardrop, who defeated A. R. Brewer by a couple of feet. Brewer died away ill/the last few yards, and just got home ahead of Dead. R. M. Brewer accounted for the 50 Yards Handicap, which was got off in four heats. In the final Brewer and Harrington led from half-way, Brewer winning by about 3ft. from Harrington, who was tiring rapidly. The 50 Yards Breast Stroke fell to A. Morgan, who won all the way, but was hawl pressed by Barron in tho last few yards. The 440 Yards Race from the Queen's Wharf to the sheds was won by the. limit man, F. Jacobson, who lcd> all the way, and had abcut 10yds. to the good at tho end of the raco. W. S. Wheeler was second and E. E. Jenkinson third. The winner had 200 sec. off the scratch man, Freyberg, who finished fourth. The diving competition was' ona of tlio most attractive items on the programme, the entrants giving a fine display. Hunter was given first place and It. Brewer was second. The fancy costume parade which followed the diving brought out sonic fearful and wonderful creations, the most attractive of which was a "Merry Widow,"'who carried "herself" gracefully and dived well. Mr.' Neil Galbraith acted as , starter, and Messrs. E. Pearce and M.'Barnett were judges. Afternoon tea was provided during the afternoon, and musical selections were given by Jupp's.Band. Detailed results of the racing follow:— 50 Yards Maideu Race.—lC Wardrop, 1; A. R, Brewer, 2; H. Dean, 3. 100 Yards Club Championship.—B. C. Freyberg, 1; E. E. Jenkinson, 2. 50 Yards Handicap.—First heat: R. M. Brewer, llsec., 1; W. Harrington, 14sec., 2; F. Jacobson, Usee., 3. Second heat: H-. Dean. 145ec.,1; H. G. Qummins, 13sec., 2; H. S. S. Butt, Msec., 3. ' Third heat: H. Lawson, 12sec.., 1; T. H. M'Lean, Usee., 2; S. Cowles, 13sec., 3. Fourth heat: K. Wardrop, 9sec., l; L. A. Marchant, ssec., 2; G. H. Fell, 7sec., 3. Final: Brewer, 1; Harrington, 2; Wardrop, 3. 50 Yards Breast Stcoke.—Morgan, 1; Barron, 2; M'Lean, 3 410 Yards, from wharf to shed.—P. Jacobson, 1; W. S. Wheeler, 2; E. E. Jenkinson, 3. Diving Competition:—D. Hunter, 1; It. Brewer, 2.