SUPREME COURT

Dominion, Volume 9, Issue 2622, 18 November 1915, Page 9

SUPREME COURT

THE CRIMINAL SESSIONS

AN ASSAULT CASE

His Honour Mr. Justice Chapman was again on the Bench yesterday when the criminal sessions of the Sul)rei"? Court were continued. Mr. V. It. .Meredith, of the Crown Law Office, represented tlio Crown. A plea of not guilty was entered by Andrew Julius .r inlay, who was charged with indecent, vr as sp U " ln E iwo boys oil July 22 last. ■Mr. r. M. "Wilford appeared for the prisoner. 1 lie Court was cleared during the hearing of the case and the publication m once was forbidden. Hie jury retired at 8.30 p.m., and returned at 10 p.m. with a verdict of not guilty. Tho prisoner was discharged. CIVIL BUSINESS. CASE ON APPEAL.

n ? ls on<>ln ' tho Chief Justice (Sir Robert Stout) yesterday heard an appeal from the decision of Mr. D. G. ,A. Cooper, S.M., in the case in which Annie Rndd, married woman, of Kilbirliio, was charged with sending through the post a letter containing words of a grossly offensive character. At the hearing Mr. A. Gray.. K.C., appeared c'Ji? complainant (Constable Price, of Kilbirnie), while Mr. E. G.. Jellico<? appeared for the defendant. I ' l September last the Magistrate held that the accused must be convicted, and imposed a fine.of £10, with Court costs 75., and solicitor's fee, three guineas. It was against this decision that Mrs. Rudd yesterday appealed. Decision was reserved.

ANOTHER APPEAL. "Another appeal, heard by the Chief Justice (Sir Robert Stout), was that i i j "* lramar Borough Council" v. Archdeacon Devoy and others. Recently. Mr. D. G. A. Cooper,/S.M., decided that certain property used as a church in tho Miramar Borough was not liable for. rates, although it. was used as a school during part of the \vcek. The borough authorities are now testnig this decision in a higher court, ftlr. I. r,eave appeared yesterday for i) T aP n)T> borough council, and Mr. ' T , ® e £ an f°r the respondents. Judgment .was reserved.

RESERVED JUDGMENT. His Honour, the Chief Justice (Sir Kobert Stout) delivered his reserveti judgment in an application for a jury in tflio case of Freclk. Jones, salesman, i'. William Novill Ward, solicitor, the action is one for ejectment and tlio defence is that the defendant is entitled to possession and a .yearly tenancy ending on June 24, 1916, by virtue of an oral agreement. His Honour deeided that tlio question at issuo was ono of_ mixed fact and law, and should ue decided by a- Judge. The summons ■ivas therefore dismissed with costs.

APPEAL ALLOWED. A point of law raised in an affiliation case heard before Mr. D. 6. A. Cooper, S.M.. in the Magistrate's Court recently, camo before the Supreme Court on Saturday by way of a case on ai>peal. Some years ■ ago a n order had been made against William Klein, compelling him to contribute to the, maintenance of an illegitimate child until the child (a boy) Should attain the age of fourteen years. Since' the order was made on August 81, 1903, the child had attained the age of fourteen vears, and the order consequently expired. Another maintenance order was sought by the mother on the ground that the law of 1909 required that maintenance should be provided until illegitimate children attained the age of sixteen years, and tho Magistrate considered that under Section 85 of the Act of 1909 lie had power to deal with tho application. He therefore made an order for the payment of 7s. 6d. a week, and a sum of £3 15s. for. past maintenance, and one guinea for solicitor's ;toe. It was this order that . was appealed against on Saturday. Mr. E. G. Jellicoo appeared for the appellant (Klein), while Mr. A. Dunn appeared for the respondent. The appeal was allowed yesterday in a reserved decision delivered bv His Honour tho, Chief Justice (Sir Robert Stout), but no costs were awarded.