LAW REPORTS.

Dominion, Volume 3, Issue 629, 5 October 1909, Page 11

LAW REPORTS.

j!V>Vi;';.': '' " . « ", ~'"" : r:T : r : : '■ -■'.':■■"-■..''" ; : V COURT OF APPEAL. : word;t,o absent solicitopss. r .;•.- v ■'\t\vo days wasted. : ; ; : . The'Court-'.of Appeal sessions .wore comin6nced yostardny iiiorniiip, tho Uoncli colli- 1 prising tuelr Honours Justices Williams (Act-lng-Uhiof Justice t JJeiinistoii,. iidwurds, .Cooper,' and Chapman.: . ■. ■ ' .: .. ■ • . A number of cases wore called on, in which tho papers had bocu tiled and tho preliminary .requirements complied with,' but counsel. .'• did nocappciit for the purposb,of having dates ot hearing, allotted. When tho list had been gono "throiiguV it.VwaH. found that. no ' cases wero ready, fprhparing either,-.,"*rt'*=r i" Commenting,on this, tho Acling-Chicf Justice said; "It is n groat misfortimo that, owing to the' lihreadinoss, o( co'unsol, this Court .has practically, nothing to do either to-day or , toImorrov.', \ Tiro days of public time will therel'oro be :Svasted.' Counsel ought'.to .-bo- ready with thoir cases on the day on which the Court ] isjopehed. 'foreign counsol ought eithor tp.bo present', themselves,., or if for.'good reason-.they cannot be present, they should bo represented by some counsel.who can say] exactly wlmt 'foreign:counsel want as to'dxing tho dates of their eases, and why-.they want it. 1 Wo trust : th.a.t,:at the.future Court of Appeal, when the Court-opens .some.counsel at any rate will be ifouhd'wlio' are prepared to proceed with their gases'.;- -Now,ihat communication is so easy, ■both from apd south; there is very.lUtlo Mouse l'or.foreign counsel not attending." ]f ;for' 1 any good reason they, cannot > attend, they should, be represented by Bomd counsel here who /can-givO'Oipjanations." ■ ' . . .i ; :'i'ho following .'fixtures were decided upon:— •Woilnesday, October li, Heynolds (Mr. ; Ostler) v. Attorney-General and.. others (Mr. ; Myers); Thursday, October 7, M'Parlaiid (Mr. Skerrott) iv.-. the Minister'for -Cnstoms (Mr. Myers); Fri;day, October 8, Rex v. Brown and M'Cariu.: . '•■■'■■ Mr.'Martin ■■'asked, leave to.fet down a case iii which tho .Gore Borough Council sought' to have a'section of the . Local Bodies' Loans Act. 'interpreted,. mideß the-Declaratory Judgments •Act. , Counsel mentioned that tho papers had 'not yet been filed in.the Supreme.Court. .Mr. Justice Denniston TomarKed that the-case was therofore non-existent, and the Court did iidt deal ;-with "an;infant- that was yet unborn!" The Acting-Chief Justice said J that, tho case would bo added to'the list When tho papors had been-put in order.". .; '••'■.'■; -; : ■ ' , -''. .The case which involves tho disputobctw.cen tho -Wellington. City; Council and the '.Welling-. ton Gns.. Company was mentioned, bnt. the Court deferred:, the fixing of' a date until.the necessary etatemeata' had been, ■ prepared and ■lilcd; ■■:.:.;/• ','r-V; ■■'■"■:■'■ ; ;? ■■'■'•'■ .''■ ■'-.■.■• , '"v-.';'';: :

Mr.;Brandon, junV, referred to the application of John; Augustino Quinn ■: tbv-bo. ndniitted as. a'■■.:solicitor. , ' Th!e case' had been referred to ; tho I'ull Court; iftnd Mr." Earlo (Auckland) was .to conduct.' it on behalf, of. ; the Auckland ■ District .'Law Society.-; No dato of hearing was decided on;-;--! '.', \ ■- /■""■'-. •'■'' ■-■''■ \ ''■'.'.■'■'

v.ln'the case of Stringer y. Norton, Mr: Dunn mentioued :that:,tUe defendant desired;to' conduct' the' case-in.'person, and,,ho would not arrive from Sydney '-beforo Wednesday week. Tho ■■Court-agreed :that the case 'should .not ho hoard, until after; that dato. r : . - '■' :. ' •"■-. ;■''■■■•' 'Tho- 'appeal ■case,'.:. JDutton v.• vßroen,.' was placed at tho bottom of tho'list, and:the Court granted an application that tho.caso of Mulhern v. Bay and others bhonld not bo heard boioro next week. MAGISTRATE'S COURT. , ■o;'' (Before'Mr.'W. G.'Riddell, SM.Y'f;'. ' : :>fr.uNi.i(iENSEDi '..;.•■■:■ i v>;,;,; u-] : and : a;xtquoe;';salb.;:v-";j" ;' ■! ■A ,plea; of guilty 'was entered by Jbhn. ; : Mil-lante'tbVa-icnaigo .of sly .;. ■ ' : ."Sub-Inspector Norwood unformed:.the."'-.Court-, th&t.at 7.30, a.m. on Sunday, September 26, a constable; and, a -probationer . were staudinir' at tho corner of Courtenay Place and Tory Street when'Millante came up to thorn ou'd asked them j if ;thcy wanted, a -''drink'.". , ., Tho /policemen ' signified their - willingness, and defendant took thorn to-his house, ; where; he provided a.bottlo, of beer.-..'The , , constables; asked -; defendant',for a bottle of beer to take 'away, but he replied that; he, had On Sergeant Rutledge 'obtaining, a anil searching the premises, he found .a quantity of liquor. ' Defca(laat.Tba»rWni->carryiu3.wMbiUiis trade, for some timo past, .concluded the Sfib■lnspector.. A convictiqn : and/lino' , of, .610; and .co3t^.7sV;was'imocise'd';r , _ . ;',;■;.;;,":,'... . ;-;C- ; h;A^^T^AEEANTEI);isSATJLT;: ; -1 » ■; Joseph!' Hamilton;'' Tiilliard-niarker, pleaded not guilty "to ; ,pf, having; unlawfully, assaulted one Chas.'Pigeon; 'Evidence was-led to;- prove that.' accus.ed : struck; Pigeon, an; r old' man, on the side of the'head and: knocked him down outside the .Trocaderq, in Lambton Quay. > .'Accused'denied having hit the old man, and . explained ; th'at.; ho ■* was towards the Comjnercial Hotel ; to:get»a. drink beforo closing time fwhen'. he'-bumped, into the.old .man \inu, knocked 'hirn'down.,.,;...•'',•: ■ :.;:.>■ ; .;'."- '; ,;Hi3 'Worship'saidho had no doubt .that an ,:unwarranted: assault had: been committed.';.'A

conviction•*asd' fine of ''JE3. , anil costs .Gs.,vin default, 11 ; imprisonment, -was entered.". ; ■ :'§£"-;; f CASES: ; ..'.'/:'./^\ : : An. application -.'was-made for the • variation' of ;b, maintenance order for '10s. per. week against-,- Frederick M.' , Arnold. The Court !increascd'rtheweokly:payment to ,125. ! Cd.' per -week;'and. ordered.defendant'to pay-costs Is.. Mr.".Weston 'appeared l for,.applicant. •'. : : ;llerbert' Ernest' Byan, who failed to appsa! on. a charge of disobeying ah order for the maintenance,of his four children (arrears £2), was convicted' and sentenced -td-'H- days'.Jmprisbnm'ent;'.':...'-; .■■.-","',"■:■'.'■!■•.■■.■■' ,''■:' ~■.■.■/'■.''■.■: - ,; ~Chas.' Gurote pleaded-gnilty to disobeying.-an order for ,the maintenance of his wife' (arrears ve52;.105.). , Defendant , wa3 convicted and tenced ,to two months' 'imprisonment,'.-warrant to bo.suspended if:the arrears are reduced by ss;''per,-week.'^.'^lr.','Neilsen■.appeared for defendant. ..;■ ■;..-■; ■; ■'■ •/.. ;.-.■ r : ( ,•; . Jdek.- Galbraith was ordered to pay 6s. per ..weok towards the.support of each of his four illegitimato.'childre.n.•'-. '■'■'■-:■.■■;■'■,■:■■ --' -~ •- •'.i iAn information James,' Wales .charg- ' iiipr ■: him with failing- to ithhihtairt his' wife, Ellen Wales, and his.child, was dismissed with costs £.V\s. .against: complainant,-. Mr. Neave appeared for .■defendant. , ..- .'.'■-, ~'...' ~ '.:■'.' :y'%;tv : J' THEFT OP BOOTS; ■/.'.--.; Henry Jas.lWreu pleaded'suilty to a ohaige of drunkenness and not'guilty to a. charge of having stolen two pairs of boots,'valued at'Xl 125., the property of-Alexander Dimdore. V-, , : ' .Evidenco , was called to .'show that accused was seen- to .pick.,up the..boots: , shop" front.-: .Mr.,Dimdoro told a policeman ■about matter, aod -accused was- followed, and one pair'of boots found.on.-him.;.-iThq.other pair.was:foundln the street. ."■'.•■-'.'..' ■■'■■ "] ■'■':' . 'On. the,charge of: drunkehhess' accused was fined 55.; and \oh\ the charge of-theft he' was sentenced to.one month's' imprisonment. .:; .

•■g::refusing/;ro.iEAVE -an "hotel. ■::':■ ■.■■■The adjourned' case/in;.which' Walter Halt, , who ..pleaded-.not'.guilty, ou Friday last, was charged with in6OD.rietjv.and! 'with refused, to leave the-premises of ,the Commercial Hotel i when ordered ■■ to -,do .bo, , was concluded. After hearing evidence at , considerable length hi?. Worship dismissed:the , charge of .drunken- . ness, remarking that. although : accused , -, had been drinking' ho.may not; hayoybeon-' drunk 'ohiingh 'to arrest., He was under 'the- influence of drinf to.some extent, :; however,' and had' caused a, disturbance ..in the,hotel by getting into tho servants' quarters, where he :had no •right'to'bo, , and it was competent for the licensee of "the hotel.to order,him to leave the premises. 'Oh the charge, of refusing. to ; leavo, tho 'hotel ■ a fine of 405., and < costs ■ 30Si,-: in. default seven' days': imprisonment, was .ini-' posed.;..-',' :i'. ..■■.,':'. .■...•''.■■ :•.."■.•■.•. / ■.-.--'. ' . 'X-'-'i .■'. T OTHER CASES. v;/'\ : '.■'''• . A'fine 0f.405. arid costs 9s.,;in/defttuit seven daye' imprisonmont, was entered against Henry Joseph'rearman, charged with procuring liquor during the currency of a prohibition order., ••■ A , wcll-drossod young man nained,., Francis 'Edward.Tier, pleaded guilty to.a charge of using obscene Tnnguaßo. in: Charlotto : Street, on Saturday night,,, and' was convicted' and fihM .£■},,' in default 14 days', imprisonment.- : Mr. O'toary; appeared for accused. Harry Keogli was fined £5, in default 21 days' imprisonment,.:for indecency iu Tory, Street; -:■•.■■. v 'v ; ; ,■<-.■•■ :■■■:,-[- : ■•■■■. N. ./, John Papscott Nelson was convicted and'fined' 205.,. in, default .48, hours' ,iinprisonment v ■ for : insobriety. , / John ! Cameron; similarly 'charged, waa, also convicted'and'fined 205., in.default -'seven days' imprisonment, .Chas. Pigeoni also charged with insobriety, was convicted and fined .-IDs , ;,"!in : default 48 hours' imprisonment., Ont first offending fomnlo was ordered to pay, medical expenses,-20s. ■ The- woman 'Wag; founil in Manners: Street on Saturday nicht with a large wound on tho back ,of her head.' Thrr ,wound had to bo attended to bya doctor. Two other first'offenders were fined Dsheach.'aud ona was convicted and discharged, :' : -. ~' ■