THE COURTS.

Press, Volume LI, Issue 15462, 15 December 1915, Page 5

THE COURTS.

SUPRE3IE COUE7. IN CHAMBERS. CBefore his Honour Mr Justice Denniston.) On Monday probates were granted as follows:—James, Duhurt;" v .Mi Malley); William. O. Rutherford (Mr AVcston); John Duttortield (Air Wright); George Stockdule (.Mr Sichoils): James Rae,., J'ir.iaru ;Mr Aelaud); Alargaret, Ross | (Mrs Emslie). \ The reverts of the Registrar were approved in John Alurcb'.son (.Mr Acland); Wiiliaia Dearsley (Mr Dougall). In re the Karamea Co-operative Dairy Company (Mr Moloney), the order prayed far was granted. and advertising was dispensed with. Yesterday the following matters were dealt with: — John Alexander Alcßae Peacock (Mr AVeston), probate granted. Frank Jennings Utile (Mr Hunter), letters of admini-tration granted, and sureties dispensed with. Joseph Thomas Kniiibt (Mr Williams), Registrar's report confirmed. John Gracia (Mr Johnston), probato granted. Huinm and another v. Humm (Mr Flesher), stitnnions for examination cf witness granted. Mortgages Extension Act and Colman Burke to Frank 3. AA'oodward IMr Mills), order granted giving leave to sell. R. AY. deceased. G. C. Smith, and C. Grantham, and others (Air AVricht), order made granting leave to borrow mo-icy for rebuilding. AYestland Goldmining Syndicate. Ltd. (Mr Raymond. K.C., with him Air T. Donnelly for politioners: Mr Free contra), petition for winding up company by the Court granted; petitioner to have his taxed costs as between solicitor and c-'ient out 'if the assets. AA'ootton v. AA'ootton (in divorce), deciee absolute with custody of children granted on affidavit l>eing made that respondent bad noti"e ol' application to make -decree abs-j'nto. McLaren v. McLaren (in divor<v>V decj-e'- 1 absolute and custody of child granted. Hanks v. +V"» Kinr- (M- for suppliant, ATr AVri-zlit for the Kim:). rr>ot'.on for cost« on arcmnent of motions for new trial dismissed, with C 2 12s eo-^s. F--x-'evir-k "Honry l'vne (Mr Neave), irc'jr.te granted. DiUViiKS' UNION v. AY. ARMSTRONG. ilis Honour feuvo ma reserved judgmou in uio c~se, Caiitiiiuury Atvnoiv.u', iiorßc-ciriveib , ana .Livery oiaOie Oiu-uu v. William Arin■iu o.uim for 13s, being oli weeds' -onii .uni'-ons una -is costs ami mwiclcnuil expenses. in dismissing tlie app.ication, ins ilonov.r said tnat, defendant, b.y His solicitor, coniossad he had ;:j legal answer to the action. The application was lor a certificate for jests on the Supreme Court .icalo, which could not be given unless the Judgo certified tiiat tlie case was a proper one to bring before the Supremo Court. Action had been taken for similar causi other members of the Union iu the Magistrate's Court, and it war, there shown that a large majority of the Union had gone on strike without notice; defendant was in the minority who refused to go on strike, :t«d desired to leave the Union, but found there wns no provision for doing n-i without the consent of the Union, which wr<3 refused. Tlie Magistrate evidently thought this was unreasonable, and t;avo judgment for defendant in and srcod conscience. The object if the application before his Honour ■ii'.fct hnvo bean either to establish the Vpnl right of plaintiff, with the view to nibsequcr.t proceedings, or to obtain from the Court voir.o wh'eh would influence" the Magistrate. Neither of Unp9o sc s, ".ed to his Honour i't bo leq^t' T ".nt'v There was no evidence th.nt the Magistraio had misunt'ero+ood in °ny wav tli" Union's The was dismissed. -wir l ! £1 Is costs.

BAILEY v. MAUDE A ND H A UM AN. His Honour, in nis judgment in the claim fov Arthur Bailey against Thomas Maude and Thomas Be "Renzi Harman, ior £209-1, stated that the statement of claim, as it stood, showed no ground of action against IJavman. and it was clear that the claim, on an award against Maude couid not bc> sustained. The plaintiff asked to amend his statement' of claim by coins by his claim of July 10th. 11M4. in which he sol out the facts" and aslwd for accounts. It was competent for the Court- to make st'ch an order, and plaintiff would l>c allowed to alter his pleadings conditionally "upon payinrr, or. securing, such costs as could bo shown to have, been caused by defective pleading. MAGISTERIAL. Before Sir H. W. Bishop, S.M.) DRUNKENNESS. Charles Thomas Pudney, a returned soldier in uniform, for whom Mr Donnelly appeared, pleaded guilty to a charge of having keen drunk in High street, but denied that he used obscene language. Ho was convicted and dkchar-ied. Elizabeth '• Moonr, for having been drunk and for breaking a prohibition order, was fined 10s, in default 48 hours' imprisonment. Frank Bateman and Edward Cranch were each fined 10s. in default IS hours' imprisonment, for having broken prohibition orders. MAINTENANCE. John Pearson undertook to pay os per week towards the support of his two step-children, and an order was made accordingly. Anthony Shannon, a member of the Ninth Reinforcements, was ordered to pay :25s per week towards the maintenance of his wife and four children. LICENSING ACT BREACH. Emma Shaw, who did not appear, was charged with having commuted a breach of the Licensing Act in having supplied liquor tn a prohibited person. Mr Hunt, who appeared, pleaded guilty, and said that Mrs Shaw had had a woman in doing work and had allowed her to linish off what remained of a byttle of beer. A line of GOs and costs was imposed. SEPARATION GRANTED. Jessie "Warren (Mr Donnelly) applied for u separation order from her husband, Frederick Warren I.Mr Hunter), on the grounds of persistent cruelty. The application was granted.. with costs. RANGIORA. (Before Messrs T. A. B. Bailey, S.M., and W. G. "VVhitesides, J.P.) Samuel Martyn was sentenced to one month's, imprisonment on a charge of entering the residence of his wife during the currency of a separation order, George Graeey pleaded guilty to n charge of breaking his prohibition order and was ordered to come up for sentence when called upon. Judgment was given for plaintiff bv default in the following eases: G. Thompson (Mr Van A-sch) v. G. Murfitt and wife, £2 9s and costs £1 12s; J. T. Lovedav (Mr Van Asch) v. R. E. Stanley, £3 and £1 Is 6d. Judgment summons —W. Anderson was ordered to pay £3 Is 4d forthwith to M. Clark (Mr Van Asch), in default 3 days' imprisonment, the order to be suspended as long as defendant pays 2s per week. Further evidence was taken in B. Sharplin (Mr Johnston) v. Oxford County Cquncil ;Mr Van Asch), claim X2CO damages alleged to have been

sustainod owing to the erection of headworks and wutur-ruces by defendant, affccting Gnmmoirs Creek on property, l J b.mtiff was awarded ~-5. In re Scfton-Ashley Drainage Board iMr Van Aschj v. AV ; J, Boyco (Mr Johnston), tin- Magistrate, after inspecting the crock, convicted Boyce on n charge of having neglected to obey nn order to clear that portion of Build's creek flowing through his property, and ordered him to pay costs.