LAW REPORTS.

Dominion, Volume 4, Issue 1116, 2 May 1911, Page 3

LAW REPORTS.

1 THREE COURTS. THE OHINEMURI SILT ACTION, COMING CRIMINAL TRIALS. Argument in the Ohinemuri River silt appeal case, which concerned tho alleged spoiling of n farm through Hoods from (lie river covering the land with an infertile silt, was continued in the Court of Appeal yesterday before t.ic Chief Justice (Kir Robert Stout), Mr. Justice Willinms, Mr. Justice .Edwards, Mr. Justice Chapman, and .Air. Justice Sim. The parties were George Cooper, of Paeroa, farmer, appellant, and Jacob Bertelson and Rudolf Rasmussen, farmers, Paeroa, respondents. Tho appellant Cr.opcr moved that the whole of Mr. Justice Cooper's Supreme Court judgment, which went for Bertelson and Rasmussen for ,£656 os. damages and costs, should be reversed, or that it be varied into a judgment of nonsuit. At the conclusion of the argument the Court reserved its decision. Mr. T. Cottcr ; with him Mr. F. H. Mueller, appeared for the appellant, and Dr. Bamford for the respondents. REVISION OF FIXTURES. The list of fixtures for the Court of Appeal was slightly revised yesterday. It was decided that the appeal under the Family Protection Act, Chas. Manby Walker and Bessie Walker v. Alfred J. Litchfield and others, should bo taken at tho conclusion of the case Cooper t. Bertelson and Rasmusseu. The next case on the list will be John Rainbow Stansell v. Frederick Spencer Easion and Barbara Ellon Austin, and then will follow the application of the New Zealand Educational Institute for the determination of a question as to the construction of the Education Act and its amendments, in regard to the power of an Educati.in Board to prevent any child of school age attending a district high school. SUPREME COURT. THE CRIMINAL CALENDAR. Tho list of cases set down for the next criminal'sittings of the Supreme Court, which open on May 15, is already a fairlylengthy one. The charges on the list so for are as under: Oliver Mewhinnev, alleged breaking and entering and theft. David Invin, alleged breaking and entering and theft. Arthur Clifford St. Clair Isbistcr (1) alleged tlieft of a heifer; (2) alleged theft of a mare. Charles Gurote, alleged theft. William James Geddys Hughes, alleged false pretences. George Arthur Aldo, alleged causing of actual bodily harm. William Haining, alleged criminal assault. John Hackett, alleged criminal assault. Edward O'Reilly, alleged indecency. John Maloney, alleged criminal assault. Frederick Hunter, alleged criminal assault (two charges). George Stewart Neish, alleged criminal assault. Edward Reynolds, alleged .use and supply of a certain instrument for an unlawful purpose, and Mrs. A. Petersen, alleged use of instrument for an unlawful purpose. MAGISTRATE'S COURT. (Before Mr. W. G. Riddell, S.M.) FOUND ON PREMISES. .WHEN LIQUOR WAS SEIZED. Three men, named Joseph Barron, Frederick Rae, and Edmund Lawless, pleaded guilty to a charge of having been found on unlicensed premises when liquor was seized, at 2S!) Cuba Street, on April 23. Each accused was fined f|9s., with costs 75., in default three days' imprisonment. Mr."P." J- O'Regan appeared for Lawless. Margaret O'Brien, an elderly woman, charged with tho same offencc, pleaded not guilty Evidence for the prosecution was to the effect that, when Sergeant Rutledge and a constablo entered the premises on April 23, they found seventeen full bottles of beer Accused was then under the influence of liquor, and had liquor while thev were there. In defence, accused stated that she was a cook, and stayed at 289 Cuba Street when not employed. She had no.drink except one glass offered her by a man dressed as a motorman, whom she afterwards discovered to be a policeman. She was convicted, and fined 205., with costs 75., in default three days' imprisonment. CONCERNING A SUIT LENGTH. ■ Francis Edward Tier was charged witli stealing a suit length, valued at 30s„ the •property of some person or persons uiv mown. The date to which the chargc referred wss April Accused . pleadec not guiltv, and, on tho application oi Sub-Inspector'Sheehan, was remanded un til May 8. Mr. H. F. 0 Leary, who appeared foi accused, asked for bail, which was fixed a : ,£25, and one surety of .£25., REMANDED TO TIMARU. Norman Hamsav was charged with thi theft of a gentleman's bicycle, valued .a .68, the property of Horace Kandrup. Thi oftenco was alleged to have taken plac< at Timaru on April 3, and, on the applica tion of Chief-Detective Broberg, accusei was remanded to appear at the Magis trate's Court, Timaru, to-morrow morning ONE -YEAR AT ROTOROA ISLAND. Timothy Donovan pleaded not guilty ti a charge of drunkenness, and to a furthe: charge of procuring liquor during th< currency of a prohibition order. After hearing the. evidence, the magis trate declined to accept the story of ac ciisdil, who had a long list of previou convictions against him. He was deemci to be a habitual inobriate, and _wa -v ordered to be detained in the Inebriates Home, at Kotoroa, for a year. INCORRIGIBLE ROGUE. Catherine Thatcher pleaded guilty to charge of drunkenness, but denied tha she was an incorrigible roguo within th uioanng of the Police Offences Act. Th cvidenco was against lier, however, an she was sentenced to a year's imprisor . ment on the major charge, but wa merely convicted and discharged on th charge of drunkenness. WILFUL DAMAGE. David Mooney admitted that, whil drunk on Saturday evening, he ha damaged' a jug and a curtain, valued ; 125., the property of Robert Yarrow. On the charge of drunkenness, he wt convicted and discharged, but on tl other charge he was fined 20s. an ordered to pay 12s. for the damage don in default seven days' imprisonment. MAINTENANCE. Bert Harry Howden C'aulton w; charged with disobeying a maintenani order, under which the arrears amountt to <£5G 10s. Defendant, who did not a] ' pear, was sentenced to two months' in prisonment. I Edward licvan, 'who did not appear ' ! answer three charges of disobedience i maintenance orders, was sentenced to mouth's imprisonment on the first charg and to 14 days' imprisonment on eac of the other charges, the sentences to 1 I concurrent. Mr. 11. F. O'Leary appeaK ' for complainant. For disobeying a maintenance ordc under which the arrears amounted. .£[ as. 6d., Frank Ferguson was fim j 205., and ordered to pay solicitor's fe j ,£! Is., in default seven days' impriso: ment. Mr. A. Dunn appeared for cor | plainant. I Albert Nicholson, charged with di I obeying a maintenance order which w; | 15s. in arrears, was fined 205., with tl alternative of seven days' imprisonmen [ .Mr. A. Dunn, oil behalf of Ilamir j Farrow, moved for the assignment I John Walsh of a bond of security f< payment of maintenance moneys. Tl j application was Krantecl. ( William Frederick Pilcher was order I io nav 15s. a week towards the mainte > arce of his wife. Mr. It. F. O'Leary a I n«av«l for complainant, and Mr. I'. } ' ) Jackson for defendant,

.Tosiah Sim, for whom Mr. P. . .Tnclcson appeared, applied for the variation ft a maintenance order requiring him io contribute 15s. a month towards the support of lii.s motlier. Tiio application was refused, Mr. i\. Kirkctldic. who ciptpscd it, being allowed ,S1 Is. costs. OTHER CASKS. Edith Hcnio pleaded guilty ti> a charge of drunkenness, and to a further charge of procuring liquor during the currency of a prohibition order. On the charge ot drunkenness, she was convicted and discharged, and, for breach of the order, she was lined 10s., with the option of seven days' imprisonment. Two tirsl-otfeuding inebriates, who did not appear, were ordered to forfeit their bail (10s. each) or undergo 21 hours' imprisonment. Another first offender was convicted and discharged. A prohibition order was issued against Alfred Hansen to take effect- for one year. E. C. Dann was granted a certiticak' of character for a Servants' Kegistry Office. i''or riding a bicycle after dark without a light, Oswald Handey was fined as., and costs 7s. A PETOXE JUDGMENT. . (Before Dr. A. M'Arthur, S.M.) Reserved judgment was delivered in the Petone case Cronin v. S'narpe—a claim for .£ls for the making of a milk float. ]t was set out during the hearing that an old float had been supplied by defendant to plaintiff, who was to make a similar one for the sum sued for. After examining the new float, the Court- was satisfied that it had not been made in accordance with tho instructions given, and that the variations were of such a nature as to render the new float incapablo of rendering the same service with the same convenience as the old float. It was therefore not necessary for the Court to consider the non-suit point raised by counsel for the- defcnce. Judgment was given for defendant with the usual costs. Mr. Ayson appeared for plaintiff, nnd Mr. "Wilford l'or the ilc- | i'endant.