LAW REPORTS.

Dominion, Volume 4, Issue 998, 13 December 1910, Page 3

LAW REPORTS.

» . . ■ i. SUPREME COURT. AN ACTION IN DIVORCE. ASSESSING COSTS. llr: Justice Cooper, who last week heard, in camera, tho divorce case Frank Evans v. Fanny Evans, yesterday heard argument by counsel as to the question of coits. Mr. T. Jl. Wilford appeared for tho petitioner, Mr. 11. Myers for the respondent, and Mr. A. L. llerdman for the co-respondent. Mr. Myers, in applying en behalf of the respondent for costs against the notitioner, stated i that before the first trial of this case the Court ordered the petitioner to find security for respondent's costs. His Honour Mr. Justice Chapman allowed respondent costs against the petitioner in the first trial. Prior to the second trial a sum of ,£47 ss. was lodged in court by tho petitioner. Counsel contended that his client was entitled to recover costs. She had no means, and the case obviously was or.o that should have been defended. Mr. Wilford asked that the co-respon-dent should bo ordered to pay petitioner's costs, and also costs incurred by she petitioner on behalf of the respondent. After hearing further argument by counsel, his Honour ruled that tho petitioner should pay tho sum of £17 ss. for tho costs of. 'the respondent and tho second trial. The co-respondent was ordered to pay to the petitioner .£45 and «£ls 15s. for each of the three extra days taken up by the trial, together . with witnesses' expenses and necessary : disbursements, to be ascertained by the Registrar, for the costs of tho suit on tho second trial. The co-respondent was further ordered to pay the petitioner ,£l7 55., the costs ordered to bo paid by the 'petitioner in respect of the respondent's costs at the second trial. Tho question of the liability of tho corespondent to pay the costs of the first trial aud the respondent's costs, paid by petitioner on March 1, was reserved. The question of access to the , children was also reserved. BANKRUPT DISCHARGED. Sitting in Bankruptcy yesterday, Mr. Justice Cooper granted a discharge to Leonard dough, a bankrupt, for whom Mr._ E. P. Bunny appeared. The- Official Assignee, Mr. A. Simpson, who was present, raised no objection to tho issue of tho discharge. A similar course was followed in'tho case of Charles John Olivecrona, for whom Mr. Hadfield appeared. Tho next sitting ■ of the Bankruptcy Court will be held on March 0, 1911. MAGISTRATE'S COURT. (Before Mr. W. G. Riddel], S.M.) THE CASE OF MRS. COOPER. Emma Cooper,' who was admitted to the Wellington Hospital oh Sunday week suffering from a serious abdominal injury, aud who subsequently sank into a very critical, condition after being operated upon, is now out of danger. Her Matthew Cooper, a la'undryman, appeared on remand before Mr. W. G.'Riddell, S.M., yesterday morning, charged with having causjd her serious bodily harm, and .oil the application of . the police, was further remanded till December 14 (to-morrow), bail being allowed at £IW, with two sureties of i'so each,. Mr. P. W. .Jackson appeared for tho accused. ALLEGED THEFT. A man named Henry Grell, charged with having on December 10, at Wellington, broken' into and entered the house of Francis Joseph Oakes, and stealing therefrom liquor to the value of 355., was remanded till Wednesday, December U. Robert Wilson, charged with having, on December S, stolen.-a truantity of sultar.a raisins, the property of the Wellington Harbour Board, pleaded not guilty, and was remanded till December 16, bail being allowed at £o, and one .surety of .Jjs. ; Mr. P. W. Jackson appeared for the accused. MARITAL STRIFE. Lucy A. M'Guire, represented by Mr. P. W. Jackson, applied for n summary separation from her husband, Arthur Lewis M'Guire, on.tho ground ot cruelty. The complainant also asked for tho custody of two of the children, and for maintenance and costs. Mr. Herdman appeared for defendant. His Worship granted the order asked for, the complainant to have the custody of tho two children,.and to receive 255. per'week for the maintenance of herself and the children." The defendant was also ordered to. pay the costs of the proceedings, £2 Ms. '■■■: .- . ■' Cruelty and ill-treatment formed tho basis of an application by a young married woman named Mabel Tobin. for a nummary separation from her husband, Joseph John Tobin, painter and paperhanger. Applicant also usked for tho custody of tho only child of tho marriage, maintenance, and the costs of the proceedings. Mr. P. W. Jackson appeared for complainant.- The defendant was represented by Mr. Dunn. His Worship granted the order, complainant to have custody of the child, and defendant to pay ,265.. towards their maintenance, together with the costs of the action, totalling £2 6s. , INSOBRIETY. Fourteen first offenders were convicted oi drunkenness and variously dealt with. Twice previously convicted of drunkenness within the last six months, William ' Ryan was on his third appearance under similar circumstances fined 205., or a week in gaol. ' Guilty of. having. behaved in a disorderly manner while in a'drunken condition in Willis Street on Saturday night, Henry Joseph Clements was fined 405., the alternative being seven day's imprisonment. One month's imprisonment without the option of a fine was the sentence meted out to Thomas North, an inebriate .with a list of "previously convicteds" against his name. On the application of Eobt. H. Devonport, his Worship granted the issue of a prohibition order—to operate in the Wellington and Hutt districts for twelve months— against the applicant's!. neighbour, Kichard Goss, a bootmaker. FINED FOR BAD LANGUAGE. ' A youth named William Stbckbridge was charged with having been drunk in a railway carriage, and when expostulated with having accentuated his olt'enco by using certain 'language. On the first charge, that of drunkenness, a conviction only was recorded. For having used bad langaugo he was fined ,£3,_with witnesses' expenses Gs., or fourteen days in gaol. .Another man, James Cameron, was similarly chargpd, the scene of his offence being Duckle Street. His Worship recorded a conviction on the charge of drunkenness, and on tho second charge —that of using bad language—imposed a fine of ,£3, or 24 days' imprisonment. OTHER CASES. Further evidence was taken in the case C. B. Gardner (ranger employed by tho Onslow Borough Council) versus Patrick Cavauagh, wherein the defendant was charged with having, on three separate occasions, allowed sheep to be at large. The hearing ' was on the application of defendant's counsel further adjourned till December lli, for further evidence, solicitor's costs of 21s. being allowed against the defendant. For soliciting custom on a portion of the railway- platform at Thomdon Station, which' was not set aside for tho purpose, John Guinan was fined 10s., with costs 9s„ with a 48 hours' option. Disregarding the warning of a railway porter, a young man named Joseph Topham Godsey boarded an outward-bound train at Lambton Railway Station, while it was in motion, and paid for the procedure with a fine of 10s., plus costs amounting to 135., ■ the option being 18 • hours. On a charge of having left material on a public street and neglecting to place a' danger light in position, as required by the traffic regulations, Alfred Harbottle, who pleaded guilty, was convicted and fined 10s., with lils. costs, the alternative being 48 hours' imprisonment. For having left a vehiclo standing in tho public street, Joseph Lewis, who did not appear, was convicted and fined 10s., with court costs 75., tho option being 48 hours' imprisonment,

Ttie application of Moggie Josephine O'i'laberty for a remission of arrears and variation of a maintenance order under the Industrial Schools Act was granted. The order was cancelled. Remissions of arrears were also granted in the cases of Walter Alfred Bowater, and Mary | Brown, with respect to maintenance un- J der the Industrial Schools Act. •