LAW REPORTS.

Dominion, Volume 4, Issue 1002, 17 December 1910, Page 15

LAW REPORTS.

SUPREME COURT. PETITIONS FOR DIVORCE. A LEGAL DIFFICULTY. William Alfred Sayer, labourer, ( of Manaia, petitioned for dissolution • of his marriage with Susannah Sayer. George Con-man, of Wellington, motor driver, was joined as co-respondent, appeared for petitioner. , evidence of the petitioner was that he married respondent at' Coolgardio in 1898, and came to Wellington in 1005. When lie went to Manaia, she refused to go with him, saying that she was a young woman and did ?°t want to be buried in the bush. In 1909 lie commenced divorce, proceedings, his ivifc having baen convicted of insobriety under the name of Cowman. Petitioner had charged her with misconduct with Cowman. The divorce suit was _ subsequently withdrawn, and the parties lived together for a few weeks, and then the respondent left again._ Respondent afterwards wrote to petitioner confessing her misconduct with Cowman.

After hearing further evidence, his sa was questionable whether the original petition could Stand, tlie original ofteuco having been condoned since the filing of the petition. The subsequent misconduct revived the former misconduct, but did it reinstate the petition? The case was adjourned to enable authorities to be consulted.

DECREE GRANTED.

Henry Somes, carpenter, of Wellington, who was _ represented • by. Mr. O Regan, for dissolution of his marriage with Rose Somes, on the ground of intemperance and misconduct. Henry Williams was co-respondent. Petitioner said ho. was married at Dunedin on April 17, 1894, and lived with his wife at. Dunedin and Wellington. Ho had _ subsequently found it impossible to live with her on account of her intemperate habits. A prohibit'on order was taken out against her last April in Wellington. She admitted to lnm her misconduct with Williams, Wl , V^ 0 .'," sll ° resided at Wanganui ™ " eliington. There were five children of the marriage. Petitioner allowed her ss. a week for each child,* until she turned them out of doors. a £ provided for them ever since. After hearing confirmatory evidence, his Honour granted a decree nisi, with costs against tho co-respondent. The petitioner was granted interim custody of the children. . > ,

AN ADJOURNED CASE.

In the adjourned divorco suit of Mward Brown v. Eva Brown and John Dundas; further evidence was taken, aqd a decree nisi was granted, to be made absolute in three months, with costs oil the lowest scale. Mr. H. F. O'Leary appeared-for the petitioner.

MAGISTRATE'S COURT,

(Before Mr. W. G. Riddell,' S.M.)

"SUMMER DRINKS" ON SUNDAY.

A FINE OF £50,

■ As the result of a raid made by tlie police oH,";a .-shop retailing /summer Orinlis (l3(j Willis Street) and occupiod by James Henry Hope, several persons appeared at the Magistrate's Court yesterday, charged with breaches of the Licensing Act. Hope was charged with illegally-dealmg in li<juor::andrpleaiterl. not "guilty. Tho evidence of a wholesale liquor dealer was to tlie effect that Hope had recently been purchasing ten dozen -bottles of beer per week. Constable Murray stated in evidence that ho had. seen 23 persons enter the premises between nine and ten o'clock on'tlie Sunday morning with which the charge was concerned. Also in the afternoon he had entered the premises, and was served with liquor. Later, in the afternoon, in company with Constable Kyle, he returned and obtained more liquor. Subsequently 'Constable M'Kelvio appeared witli a searoh-.war-, rant,' and eleven, bottles of', ale' were seized. They also found twelve dozen empty beor bottles. These appeared to havo been, recently opened. Defendant,., after hearing tho evidence, amended his plea to ono of guilty,, but endeavoured to prove 'that a number of the empty bottles fouiid had contained a certain non-alcoholic ale.

He• was convicted and fined £50, in default one month's imprisonment . Tho liquor was ordered to be confiscated.

Michael Ash, Thomas. Ockford, and Thomas Casey, alias Wilson, who were found by tho police in Hope's shop with glasses, .alleged: to have, contained beer m front of them, pleaded not guilty. Defendants alleged that they had jist entered the shop and were waiting to be served with a non-alcoholic drink. 'Alter hearing evidence his Worship . dismissed case, but Casey who had given the police a wrong name and address, incurred'a penalty of 205., costs 75., in default 48 hours' imprisonment. A;RATHER WARLIKE CHINESE. A Chinaman named Young Soo was charged with, assaulting John George Cooke. ■ " It was-allegod in evidenco that Cooke

It was-allegod in evidenco that Cooke had entered accused's shop, and bought somo-; vegetables and went off forgetting to wait for his change. On going bacu later, Young Soo denied ' that any change 'was due and struck Cooke on the head with the tray of the scales. Soo was convicted and fined £4, doctor's fee 10s. 6d., one witness 65., in default 14 days' imprisonment.

' QUITTED HIS SHIP. Francis Quade appeared, charged with having deserted from the s.s. Paparoa. He was ordered to vuidergo 48 hours' detention and to be placed on board the vessel.

THIEVING AT THE WHARF: Robort Wilson pleaded not guilty to a charge of stealing a box of sultanas, valued at 355.,, from a Harbour Board store. Evidenco given by two Harbour Board storemcn was to tho effect that they had observed accused taking a box of sultanas from a shed and throwing it on a heap of firewood. Accused in evidenco stated that ho only took the case and put it on the heap of firewood for a joke. Accused was convicted and fined £2, three witnesses' expenses 12s. each, in default seven day's imprisonment.

LEGAL "ROGUES." Joseph. Weston, a man with a long record of. previous convictions, appeared'to answer a charge of . being a rogue and a vagabond. He was sentenced to six montlis' imprisonment. Similar charges were preferred against Jessie M'Cormack and Walter Beerg'n. Both accused were convicted and ordered to come up for sentence when called upon.

. INSOBRIETY. Kate Wilson, alias Bethunc, oil a charge of drunkenness, received a sentence of one month's imprisonment, and for using improjrer language was given seven days' imprisonment; the sentences to be concurrent. Caroline Smith, alias. Smydt, for drunkenness, was fined 205., in default seven days' detention. One first offender for insobriety had a conviotion recorded against aim and was discharged.- , .

CATCHING A TRAIN. . James Smith, who boarded a train whilst it was in motion, was penalised to tile extent 'of 10s., costs 75., witnesses' expenses 45., in default 24 hours in gaol. BY-LAW CASES. F. J. Lissington, for leaving a vehicle without a horse attached to it on the street, incurred a penalty of 10s., costs 75., in default 24 hours' imprisonment. For leaving a horse and cart in the street unattended for longer than five minutes, Joseph da Stephano was fined 10s., costs 75., or 24 hours' imprisonment.

iurther evidence, on three, charges, against Patrick Cavaiiagh, of having sheep at large within • the borough of Onslow, was heard. Defendant was convicted and fined £2 on each charge, court costs 65., and solicitor's fee £1 Is.

After hearing evidence on an information laid against J. B. Cooper, for having horses at large within the bovoagh flf Eastbourne, his Worship dismissed the case.

An express driver, named "William S. Shepherd, for charging an exorbitant fee, incurred a penalty of £1, solicitor's fee £1 Is., witnesses' expenses 45., and was ordered to refund 175., the amount overcharged. Jaijps Wilson was convicted of two breaches of the plumbing by-laws, and fined 10s., and costs 7s. on each charge.. Henry Thomas Johns, for failing to supply a dust bin, incurred a 10s. fine, costs 75,, witness's fee 10s. 6d., in default 24 hours' imprisonment.'

THE DUMB ANIMALS. ■Inspector Seed, of the S.P.C.A., had several persons before tho ■ court for alleged cruelty to horses. For ill-treat-ing a horse, George Mudge was fined £4, costs lis., witnesses' and solicitor's fees £1 lis., t

For a similar offence, a man named Rhodes incurred a penalty of £3, costs £2 13s.

THE SILK OF SING ON TIE. Sing On Tie, a Chinese residing at 136 Cuba Street, appeared to answer a charge of attempting to evade duty on a quantity of silk. Owen Jones, Customs officer, stated that one of a number of Chinamen who arrived by the Manuka last week • came and told him a bos of silk among bis luggage did not belong to..him, and offered a pound if he would put it on a cart and let it bo taken away. He refused, and subsequently Sing On Tie and another Chinese came and offered to givo him. one pound if he would permit them take the box away without paying duty. They also made misleading statements respecting the value of the silk.

, His Worship held that it was clear from the evidence that Sing On Tie had attempted to evade payment of duty. He convicted accused, and imposed a fine of £100, but a-educed it to £25,' in default 21 days' imprisonment. Mr, Herdman appeared for defendant.

CIVIL BUSINESS.

(Before Dr.. M'Arthur, S.M.)

OVER AN. OLD BUILDING,

It was stated in a civil case j'esterday that three years ago the City Council.applied for .an. order requiring Hamilton Gilmer to pull down .certain" promises lately occupied by Messrs. Warnock and Adkin. It was further allowed that it was-agreed-botween tho parties that the building should be pulled down within three years, and tho three years had expired on December 11 last. Yesterday, morning Mr. O'Shea applied to Dr. M'Arthur for a formal order t6 "compel 'defendant to demolish tho building. Upon tho application'of Mr. Hislop, who appeared for defendant, the hearing was adjourned iill lfebruary- t-

ALLEGED RENT AND DAMAGES.

(Beforo Mr.'W. G. Riddell; S.M.)

Judgment was delivered on, tho claim of Alfred-Burnett, of Wanganui, against Crcaso and Son, Ltd.',. of. Wellington,, for rent alleged due £fi, £3 damages, in "lieu of .rent;;, ! and :£2/fees and for do-' 'fondantsj;'with; coStsyileayo-of 'appeal, be.ing/granted;'V:Mr.->Ei;;.L'evvioy represented plaintiff, and'.Mr;.-T. W. Hislop appeared'on behalf of defendant. .

DISPUTED ACCOUNT. . Charlotte Treadwell v. Brandon,. Hislop, and Johnson. Mrs; Treadwell claimed £4 10s. Bd., alleged to be overcharged on an account. Defendants explained'that items had not been shown on the account sufficiently clearly for plaintiff owing to- a clerical -eiror. Judgment was given for -defendants.

RENT AND POSSESSION. Mrs L. C. Robertson claimcd £5 15s. rent "duo, and possession of premises, froip S. G. Jones. Judgment was given for plaintiff, with costs £2. . • '