LAW REPORTS.

Dominion, Volume 2, Issue 464, 24 March 1909, Page 11

LAW REPORTS.

SUPREME COURT. CRIMINAL SITTING. BREACH OF PROBATION ACT. Before Mr. Justice Cooper yesterday, Win. H«nry Oakenfull, a young man, was set forward for Wing, it was alleged, broken tlio conditions of an order under which he was at liberty on probation. Constable Wainford, formerly of Marhnborough, but now of Mokau, deposed that UakeiifuU was in August, 1907, admitted to probation for two years after conviction on a charp of having stolen a sum of money. Oakeniull nail only paid one of several instalments due mulct the order Witness had seen him knocking about hotels, and was aware that ho was. .in possession of money. Oakentull had told him that.the reason why he had not paid the money due by. him was that he had to remit amounts to his wife and family in Australia. _ ' Replying to his Honour, the Probation Of- , ficer stated that Oakenfull whs still required to pay four instalments of £6 ss. lid. under the order. . . Prisoner romarked that his wife and children, who. resided in Australia, had been iinwcll. Twelve months ago loss had accrued to them owing to a fire. Then again his father had died ■ itt September last. His Honour said that, if it had been shown that' the default was due to misfortune, he would'.most probably have extended the time for payment. Oso-of the terms upon which accused was released was that he should abstain from.liquor during the period of probation, am! the other was that lie should pay the costs of the prosecution by instalments. What was more serious''than the fact that'Oakeufull had omitted to nay the instalments was the fact that/he had" been drinking both at Wellington aotl Martinberough. He could not pass Hint over: to do so would be to make a dead letter of. the Act. The sentence of the Court was that Oakenftill thould be imprisoned for six months for the original offence, tho term to date from March i. IN DlVeilCE. DECREE ABSOLUTE GKANTED. Sitting in' Divorce yesterday, Mr. Justice Coopor dealt with an application for a decree ebsolute in the case of Emma Stevens v. William J. Stevens. Tho decree nisi in this suit •was granted in August last. Sir. Luclue appeared on behalf of the petitioner. His Honour said that six months had elapsed since the decree nisi was granted. Intimation liad ' been .received that the Solici tor-General did not wish to bo heard in opposition to the motion. He nould grant the order as p-raywl, ami allow' petitioner custody of the younger ehild of the marriage uutil a further oreler of the Court was inade. MAGISTRATE'S COURT. ; . P©LICE CASES. (Before Mr. W. G. Bidddl, S.M.) Three female and two male offenders, charged with, drunkenness, came before the magistrate yesterday morning. One man, who had hot . been previously .convicted, was fined 55., in default. 1{ hours' imprisonment.' Daniel Griflir., with two previous convictions against his name, was remanded for saven days for medical treatment. Theresa Stevens, -srho failed to answer when her name was called, was eofivicted, and fined the amount of her hail (205.), vitli .'the alternative of • imprisonment for is hours. .'Sarah Jamicson, who was found in an inebriated coisditien in Courtcnay Place, <rns oonrioted and fined 10s., with the usual dofanit ef 48 hoars' imprisonment. For a third offeues of drunkenness within the last' six -motitVi, Caroline Smydth wns tvoavicted and fined 205., in default saves days' imprisonment.

, . LOITERING. A plea of not guilty was entered by a respect--nbly-dressed woman named Alice Evaiis to a charge of loitering aad itßportuniug, passers-bj in Taranaki Street. Mr. Toogood appeared for tho defence. Evidence in sopport of the pharj?. was given by Constables CaldweU and Simmons end Probationer Kywellen. , His Worship '6ohviete~d"'s , couscd, , land! in?no«id a fine of £2, in default 11 days' .imprisonment. . v-- -■■ ':-':-.. SHIPPED.-, , '■:-.. -~...' A-man' ef Tespectable appearance, Henry Archbold, alias Archibald, jjleaded guilty to a charge ofbtiEg an idle and disorderly psrseo within the meaning of the Police' Offences Act,; ia that he habitually consorted -with, reputed thieves. . ..'■'., . . . ' ■Mr. Wilford appeared for accused, and asked for leniency. ArcXbold, he said, had already taken a ticket to Australia for himself and his wife, and'ho suggested that his Worship should order accused to come up for sentence when called upon, a condition being; that he did not tetiirn to New Zealand for. sis months. • Chief-Detective Broberg agreed to this course keiiiK.; taken, on condition that the term of oh eence was. made for 12' months. ... His Worship convicted accused, and ordered him to como up for sentence when called upon, conditionally upon his leaving New Zealand, end not returning .for 12 months. RESISTING THE POLICE. A heavy and thick-set man named Herbert Charles Harmer appeared in the dock and admit ted-that he had resisted the police, but denied- being druiik and disorderly. The evidence lor the prosecution showed that accused, v/hilst under the influence of liquor, had displayed undue hilarity in Cuba Street at a late hour on , Monday night. v -.°"3 e .? har e B o f being drunk and disorderly ■ms Worship entered a conviction and fine of m-\ against accused, in default seven days' imprisonment, and on tho charge of resisting the police a"' coaviction and fine of .£3, ii> d&. lao.lt 11 days imprisonment, were imposed. A VETERAN IN MISDEMEANOUR. With 40. previous convictions against her name, ■ Mary Wakeham appeared in ihe dock. and pleaded not guilty .to.a' charge of being a rogue and vagabond, in that she was found by fvn '°?r& ert ?i n Pr cmiE «> 'he property of Mr. oil 'MCarthy, in Tory Street: The police evidence- showed that, at 1.30 a.m yesterday, accused was found sleeping and parStreet - 1 ' in &k cnclosu " in Tory His Worshi,-!; remarked that accused did notSp h° avall of chances given. She _ZtW b i m C °" VlCtc,l and to sir Biofltns imprisonment. CIVIL BUSINESS. ' . _ . . UNDEFENDED CAS_S. (Before Dr. A. M'Arthur, S.M.) Judgment for plaintiff by default of defen-fcnlt.-we given in the following undefended Berryman and Co. v. Frank HotWinn pot Thomas-O'Donnell, _1 10s. 7d 1. and Stowell v. Wm. Prost, £1 i s . H, , "oste 8s; Wm. Hawthorne v. Wm. Webb, il 15, 6d costs n ss.; Taylor and Saffron v.'Bnrnev Rhodes, £i, costs 10s ; Davis and ClafaiT TIL. Robinson, 6s Id., coets £1 3s. Gd Elms John Forbos v. John Curmody, 15s Snm . e 7; Frank Mm Southcombe' Baxendale GiesenJ2B os. Id., costs lib.; Arthur Richmond Atkinson v. James Rapley, £1 ! ss. coats 10s.; Cadbury Bros., Ltd. Tn A i f , red . W -' Beaumont, _12 Bs. 2d.j costs „{ Ms. Cd.; Agnes Johnston v. Henry Collins, .£25 4Us., costs £2 Ids.

JUDGMENT SUMMONS CASES.

B mfpo le Hpient summons cases'Hutchison and Campbell v. J. Andrews, a debt ot £i Bs. debtor was ordered to pay on or before April 6, in default 7 days' imprisonment; in the easel of 3m l. Pa chyng v. Jμ. Burling, a debt of £9 os. «d., debtor was ordered to pay _8 l<s. Gd., on or before April 6, in default 7 days imprisonment; Samuel Brown, Ltd., v W. Jepspn, a debt of JB7 lls. Sd.; debtor was ordered to pay on or before April 6, in default 7 days imprisonment. John Sweeney wne ordered to pay Rite Thomas £U 10s. 6d. on or Wore April G, m default 14 days' imprison-

No ovder was made in the case of M'Dougnll and Co. v. Cecil L. Hnwley, a debt of .63 13s!

DEFENDED CASES.

AN ELECTRICAL CONTRACT.

Further evidence was heard in the case Cederholm and Tolley, electrical engineers of Manners Street, v. Johan H..Meyer, Taranaki

Street, and Wra. Ulingworth, Drummond Street, builders, and Kirkcaldie and Stnins, Ltd. Plaintiffs, who were tub-contractor!) for certain electrical fittings for tho new Occidental Hotel, claimed .£ll2 16s. for the installation of these, either from the owners of the hotel, Kirkcaldie ami Stains, Ltd., or the builders, Meyer and lllingworth. Mr. llententh appeared for plninhffs. Mr. \V'estoi\ for Meyer and lllingworth, and Mr. Herdman for Kirkcaldie and Stains. After the bearing of lengthy evidence the case was adjourned till to-day. DISPUTE AS TO A BOUNDARY. The hewing of the enso J. A. liUta (Mr. Fitzuibbou) v. Charles Henry Jones (Mr. Neave) was resumed. Plaintiff, who is administrator in the estate of Frances Sarah Lutz, claimed from defendant, a painter, of Miramar, the sum of £H 175., half cost of a fence erected butwecn the properties of tho parties, and a I further sum of .£8 as damages for the alleged wrongful removal of a fence from the proper line on to the land of Frances Sarah Lutz. After hoaring evidence, the case was adjourned. INTEREST ON ACCOUNTS. Reserved judgment was delivered by Dr. A. M'Arthnr yesterday in the case Scott Motor and Cycle Co., Ltd. (IXr. Neave) v. H. Sinclair (Ali. O'Leary), a claim for .C 156 13s. 3d. for goods supplied. Of the amount claimed a sum of ,£CO Is. 3d. was for interest. The question in dispute was whether the interest was to be paid or not, and plaintiff asserted that defendant was allowed a large rebate on the stock he had on hand, and that a new arrangement was entered into whereby the defendant was to pay interest on the stock received and after that on the balance of his account. Plaintiff stated that this arrangement was made at an interview, and subsequently confirmed by a letter written on August 3. Defendant denied that he ever received plaintiff's letter, but his Worship held that a letter from defendant, dated August 6, was a reply to the communication of August 3. His Worship held that this was sufficient evidence that tho arrangement as described hnd been en-tf-rcd. into by the parties. Judgment was therefore given for plaintiff for .£129 Pβ. Id., being Hie amount of the claim, less two sums amounting to .€27 sa. 2d., which had been paid. Costs were allowed plaintiff, . (Before Mr. W. G. Riddell, S.M.) CARTAGE OF FURNITURE. Reserved judgment was given by Mr. W. G. Riddell in the case in which J. Morris claimed •C2O from the Colonial Carrying Co. for alleged damage in plaintiff's furniture while it was bcinsf cirted by defendant company from Willis Street, to Kiibjrnie. The fornituro war carried safely to Kilbirnie, but tiicre it was damaged, plaintiff allied, through negligence in unloading. Defendants tiaiti ('hat the articltfl damaged were Mown off t'Hc dray V.y the wip.d. His Worship held thut defendant* were not to nutme. nnd he gave judgment for tVem, with costs £3 lis. Mr. M'Groth appeared for plaintiff, and Mr.. Ncave for defendants. In'the cas» .Elizabeth Somenrille (Mr. Dunn) v. C. 0. B. Lnmb (Mr. Brandon) judgment .was "iven for plaintiff for the amount claimed, .£2O lls. Id., with costs .£5 13s. MOUNT : COOK POLICE COURT: At. +Vn Mnunt.Cook Police Court yesterday, before Mr. W. Hildreth, J.P., four first offenders charged with insobriety were convicted and discharged.