THE COURTS.

Press, Volume LII, Issue 15724, 18 October 1916, Page 2

THE COURTS.

SUPREME COURT.

(Beforo his Honour Mr Justice Dennis ton.)

EVERYBODY'S THEATRE CASE,

Hie appeal of Harry Waters, manager and occupier of Everybody's Picture Theatre, from his conviction on an information by Charles Clarence Warner, Superintendent of the Christchurch Fire Brigade, for not providing the building with sufficient safeguards and means of escape in case of fire by permitting the foyer to lie blocked by persons standing and sitting, and remaining in and about the sanie whilst performances were being carried on in the same building, contrary to Section 51 of the Fire Brigades Act, 1908, was dismissed with £10 10s costs. Mr Raymond, K.C., appe-.red for appellant, and Mr G. Harper for the respondent. DESTITUTE PERSONS' ACT. In the appeal of Jane Walker ' Primmer (Mr Hunt) v. William Alexander McPhail and John Barclay (Mr Gresson), Jus Honour held that maintenance orders at a- greater rate than 10s 6d tfer week each could be made against the respondents, and referred tlic case back to the Magistrate, the appellant to have £5 5s costs against the respondent, John Barclay, who appeared on the anneal. CONVICTION OF WILLIAM CLOUGH. His Honour gave his reserved judgment in the matter of the Justices of the Peace Act. 1908. and of the conviction of William Clougli, on the information of Frank Davies—a motion to quash • the conviction. Two informations were laid against Clough—one an alleged ofrcnce under section 223 of the Customs Act, 1913 (being found in possession of a prohibited import—opium in a form suitable for smoking), and the oilier an offence under section 5 of the Opium Act. 191)8 (being found with a quantity of opium fit for smoking). No conviction was recorded, or fine imposed, in the charge under the Opium Act, which w;us first hoard, and to whiuli accused pleaded guilty.. Accused refused to plofid to the charge under the Customs Act. on the ground that his pica of fiuilty amounted to a conviction for that offence, and he coijld not be convicted upon the second information, which was based on the same fact ar.d the same act. The Magistrate held .that there could be two convictioiiH, but only one punishment, and convictcd him on the 'second information and fined him £100 and coßts. His Honour, after ftoing into the facts and the law', held that the Magistrate, under the error that lio„ had power to inflict one punishment for both offcnces, failed to adjudicate upon the first ofLv inflicting <a punishment, but, in hi* opinion the Magistrate wn■! justified in completb;* what he had left uncompleted nnd l ": " "lisconception of his powers: it was r. , a mistake_as to fact, but a mistake as fro law, which he (the Magistrate) was entitled to correct. The motion to quash the conviction was dismissed with ..£5 5s costs/ Mr J. A. Cassidy appeared in support of the motion nnd Mr S. G. Raymond K.C.. opposed. CIVIL CASE. His Honour heard argument on tho law nnd facts in the cnae Latter V; North and Jones, claim £160 15s 6d, for commission on sale of land. Mr Raymond, K.C., with him Mr J. H, Williams, appeared for tho plaintiff and Mr Hunter for the defendants. Tho case w&3 heard about a month °g°« . i His Honour, after hearing counsel, reserved, his judgment-. MAGISTERIAL. (Boforo Mr H, W, Bishop, S.M.) BROEEN ORJWm. , Qeorco Dcmputcr Gowio (Mr CasaidjJVi e.'ifii-zed with a'breach of a prohibition order, by obtaining liquor • during lt» currency, \va;i fined 10s or 48 hours imprisonment. MAINTENANCE. F. F. Carey, (Mr- Donnelly) wau ordered to pay loa per week towards tho support of his &vo' daughters Tho case of Lotitia MclntyrOj charged with disobedience of a mamtonanoo ordor on account of tho illegitimate child of her son, wns ctruok out, LYTTELTON. , (Beforo Captain Hatohwell and Mr J. Garrard, J.IVs.) Angus Gillica wus convicted and discharged for drunkoness cs he had boen in gaol since Friday. s ])<onald Macfarlio was similarly dealt with on a drunkenneaa charge, but sentenced to a month's imprisonmont for being an idle and disorderly porson, John Wymon wm fined 20s and costs for creating a nuisanco on tho footpath, ' , Frank Forward, charged with allowing cattlo to wander on tho LytteltonSuninor road, explained that his fence was broken by stones falling 'from tho hillside and the cattle got out.- The case was dismissed. Edward Olsen was charged with being the possessor of a vicious dog. As the animal had been destroyed the caso was dismissed.