THE COURTS.

Press, Volume LI, Issue 15393, 25 September 1915, Page 5

THE COURTS.

• SUPREME COURT. - IN CHAMBERS. (Bqlore his Honour Mr Justice Sim.*) were granted as follows: —Re Elizabeth deceased (Mr Brown): Mary Jan© Maria Sea bourn, deoea&ed (Mr Flerher); Frank Elworxhy Jarman, dc-cvased (Mr Berwick); John Keenan, deceased (Mr A&pinall); William Brass, deceased (.Mr ltolleston). Letters of administraton were granted follows:—Re Mary Ann Mc-tau,-land (sureties dispensed with) (Mr Cassidv), and William James Voice (Mr • E. Bishop). In the restate of John Whitelaw, deceased (Mr Slater), a motion to confirm Registrar's report was granted accordingly.

IME 1! ['ROTATION OF A WILL. His Honour care judgment in tho matter «i the estate of luhvin I'arcell J nomas, Ivtwoon James Smith and Jonu Wiiliam Bov.deii v. Janetta lnomas, a n issued by th>: the plaintifi*, to obtain a (luterminaiion of a tjui'stioa aris,t- ~ y ". l, 'i- tonsti urtion of tho ivill. Itio ;u i.<siie Aa< the atnourit ol wnd to v.lii'-li t.'H' testator's widow had the i';;it 01 use. The elaus(* to be cotwucied whs a-; ioi'ows: "The eoto M tlie i-outh side of niv d"cihiip:-l , .cU'-e in Kast street, JTanip'.ste;ic!, and i;je two ucres of land used in coimc-Num the t-aid cottage, beino; lot 1. u.ul,.[ed '2 en the sale plan oi" part of rural section 5500." The dwelling uitii its orchard, garden, and outbuiluinjj_ and the cottage, were on I.ot 2. and tho cottage and the land in connexion with it were divided from the dwelling by a macrocarpa fence of many years' pjowth. After reviewing the facts and the la>c, his Honour iield that the gift to the widow included only the cottage and the land as enclosed by tlie fences surrounding the cottage. The costs were to be paid out of the estate. Mr Pumell appeared for the plaintiffs, Mr Acland for .fanetta Thomas, and .Mr Dougall for several of the testator's children. A QUESTION OK MAINTENANCE. .His Honour heard argument and evidence in another ease in which tho same parties wore concerned. Mr Aeland appeared for the plaintiff. Janetta Thomas, who asked for an order for the executors to pay out of the capital of the estate, either a lump sum or such weekly or monthly payments as his Honour might direct, ae an augmentation ol the sum of £•> 10s per week which had iiwn loft to her for her maintenance, iy her late husband. Mr .J. J. Dougall appeared for .T. E. Thomas, Bert. Thomas. A. K. Thomas, and Ada A. Smith, children of testator, who opposed the increasing of the allowaneo asked i'or Mr C. >\I. Pur.iell appeared for the executors, James Smith and John Wm. Bowden. The evidence of plaintiff and J. W. Bowden was heard at some length. His JLmour said lie was of opinion that plaintiff should have an increase in her allowance of £2 per week, which, with the £2 10s, already allowed her. and the rent of a cottage, 14s, would bring the weekly allowance to about Lo per week, which he considered' adequate. An order would l>o mado accordingly, the costs of aD parties to be paid out of tho estate. IN BANKRUPTCY. In tho petition of Andrew Hanna. Auckland, to,adjudge John Louis Carl a bankrupt, Mr Ross appeared for the petitioning creditor, ana Mr Hoban for the debtor. Mr Hoban. explained that no defence had been filed, and no notice had been given of inteption to oppose the application. Arrangements had been made to pay the petitioning creditor and othtrs, but the money could not bo handed over until Mr Carl's signature was obtained. The estnto was a rich one, and the debts would be paid. He asked that the case s-hould stand over till, next day. The application was granted, and the Court adjourned till 10 a.m. to-day. MAGISTERIAL. (Before Mr T. A. B. Bailey, S.M.) DRUNKENNESS. Titomas Henry Tarpey was charged with drunkenness in High street, and also with procuring liquor whilst prohibited. Mr O'Malley, who appeared for accused, asked tor leniency, as he had a wife and five children. Accused was convicted and ordered to come up for sentence when called upon. Three first offenders were each fined os, with the usual default. BREACHES OF BY-LAW. James E. Bisman, William Brunt, and Hubert Jarvis were each fined 7s and costs for cycling on the footpath. Allan Framis Giles was fined os and costs for driving a motor-cycle and side-car at night without a light on the side-cn r. Bernard Crean was fined 10s and costs for exceeding the speed limit over the intersection of Colombo and Carlyle streets on a motor-cycle. Arthur G. Hyde was also charged with driving a motor-cycle and sidecar over the intersection of Lichfield and High streets. He was convicted and discharged. Marsh (Mr Mosley) was charged that, beinrj the driver of a hackney carriage, ho Jid leave it unattended on the stand. He was convicted and discharged.

G. W. Tench was charged with riding an unregistered motor bicycle, and also with riding it at night without a light. He was fined 5s and costs on each charge. John William Rymer Blakeley (Mr Johnston) was charged with driving a motor-car alone the Papanui road at a dangerous speed, thereby causing a collision with a boy on a bicycle, who was emerging from St. Albans lane into the Pa'pnnui road. He was convicted and ordered to pay costs. George King was charged with allowing a chimney to catch fire. 110 was fined 10s and costs. LIG HT-WKIU HT BR BAD. Joseph W. Smith, Joseph Schumacher and Frederick W. Williams were each charged with selling light-weight bread. The two first-named wero each fined 40s and costs, and the latter 20a and costs. Mr Bailey remarked that he took a veiy serions view of light-weight bread selliug. This was the first- I witch of offences he had dealt with, but if any moro came before him he would increase the fine. ADULTERATED MILK. Isabella Harbison was charged with selling milk not ut> to standard, and was convicted and ordered to pay ccsts. Amelia Pearce was charged with selling milk containing water. Bhe was fined 40s and coste. TRITAN'CV. M. Dawson and Robert Henderson for tailing to send their children to school were fined 2s and costs, and 10s and costs respectively. ASSAULT. Charles Graham Richardson was charged with unlawfully assaulting his daughter. Marjorie Richardson, on September 21st. Mr Cassidy, who appeared for complainant. stated that this was a case of a very painful nature. Defendant had for sonic time past made his home a veritable hell,"* maltreating hi 9 wife and daughter, dragging the latter about by her hair and knocking her dov-n on the day in question, so much so that her brother had to intervene and a tight endued, . Marjorie Richardson corroborated Mr

Cassidy's statement, and further said that he was a good fathpr until he had drink in him. Ho then got so violent that she had to leave the house and stay with neighbours. Mrs Rebecca Richardson and Roy Graham Richardson, wife and son of accused, also gave evidence to the effect that he became very violent and abusive when under the influence of liquor. Accused stated that he had had ft lot of trouble with his children, and on the day in question, under severe provocation, he had ordered his daughter out of the house. Ho denied having used violence. The Magistrate, however, found that the assault had been proved, and recorded a conviction, reserving his decision as to tho penalty. As a result of the assault, Rebecca Richardson applied for a separation order, including maintenance, against her husband. Charles Graham Eicharclfon. 'The hearing was adjourned tilt next Tuesday.

ALLEGED BREACH OF AWARD. E. Hall and Son, Timaru, were charged with a breach of tho Cantorbury bricklayers' Award, in that, during the. period from May 10th to July 23rd, 1915, they employed certain men on work situated at Belfast, moro than two mile s from the Chief Post Office, Christchureh, and failed to pay them at ordinary rates for all time occupied in proceeding and returning from work in excess of two miles, as required by Clause 9 of the award. Mr A. E. Wright, who appeared fpr defendants, said that Messrs Hall and Son were carrying out a contract for buildings for the Canterbury Frozen Meat Company, and the whole of tho defendants business transactions were being carried on at Belfast. Their business premises and offices were there, the men were engaged and paid there, and the premises were registered as a factory. Inspector Bailey said that Mr Wright's statement was correct, as far as it went, but at the time of beooming contractors for the buildings in question, defendants were resident in Timaru, and .under the Act were not obliged to register their temporary business premises at Belfast as a factory or workshop. He therefore submitted that in consideration of defendants' headquarters being in Timaru, thev had committed a breach of award. Had defendants permanently removed their headquarters from Timaru to Belfast. it would have put an entirely different complexion on the matter, but the temporary building they had registered as a factory, contained only a motor-driven circular saw. On beinc examined by Mr Wright. Inspector Bailey admitted that had the Canterbury Meat Company executed the work themselves, they would not have had to pay the men extra travelling rates, as although the company's registered offices were in Christ church, for the purpose? of the award, the business would be conducted from Belfast. William Hall gave evidence to the effect that his business premises during the tune in question wer#« at Belfast. and no business of any kind was being mrried on from Timaru. Tlio Mneistrnte reserved his decision, which he said he would give in writing. ALLEGED INDECENT ASSAULT. Thomas Lament (Mr F. . Johnston) was charged with indecently assaulting a girl six years _ and nine months of age. at New Brighton, on .September 18th last. Accused pleaded not guilty, and was committed tor trial at the Supreme Court, bail being allowed, self in lI.jO aud one surety of £150.

SOUTH BRIDGE. (Belore Messrs R. B. B. Willis and E. 0. Hubbard. J.lV> ) A middle-aged man named George Hamilton was charged with carnally knowing a girt under the age of sixteen years. Constable R- Moriarty prosecuted, and the accused was not represented by counsel. After hearing the evidence of several witnesses, and

a statement by accused, the .Tustioos held that there iras not sufficient evidence to warrant them sending the accused to the • Suprome Court for trial, and the ease was dismissed. ASHBURTON. (Before Mr V. G. Day, &.M.) G. M. L. I/ester (Mr Kennedy), D. A. Lamb, George "Woods, H. Holland, and Mrs A. E. Peacho were each fined 20s and costs for driving motor-cars too fast. A similar charge against H. V. Murry was. dismissed. William Pearson •was fined 20s and costs for riding a motor-cycle too fast, and "Wright Joyce was fined 03 and costs for cycling on a footpath. CHARGES AGAINST A COUNTY CLERK. (rBESS ASSOCIATION TELEGRAM.* LEVIN, September 24. At the Levin Magistrate's Court. Mr J. W. Poynton, S.M., oommittod H. E. Lodge* formerly clerk to t"he Horowhenua County Council to the Supreme Court for sontenco on three charges of intent to defraud by omitting to enter particulars of the receipt of £32 18s 2d, £10 3s, and £63 Is, amounts received for rates due to the Horowhenua County Council. Accused pleaded guilty. The total deficiency amounted to £119 lis lOd, all of which has been paid back to the Council. Bail was allowed, accused's own recognisance in £100 and two sureties of £50 each. UNREGISTERED PRESS. (PRKSS ASSOCIATION TELEGRAM.) FOX TON, September 24. Before Mr Poynton, S.M., to-day, W. Hamer was charged with being in possession of an unregistered printing presn. Defendant was convicted and fined £5 and costs. Judgment was reserved in two further charges for printing leaflets without a.n imprint.