THE COURTS.

Press, Volume LII, Issue 15773, 14 December 1916, Page 3

THE COURTS.

SUPREME COURT. IN CHAMBERS. <"Before his Honour Mr Justice Deamaton.) Probates -were granted in the following estates: —Jnlia Vangiom 'Mr 'Williams'*, Sarah Ann Hesp (Mr Lane 1 *: Timaru, John Stuart. Fothergill CMr Tripp), Edward Horace Templcr iV r Tripp), Jessie Paton (Mr Buchanan), Anne Cullen (Mr Buchanan). Lot. tors- of administration were granted in LLUian Emma Adicy (Mr Pasooe). In re Lazarus "Wolfe Balkind (Mr Whitcombei v. Huston Cnrlcr.t (in person). the defendant moved for an order giving- leave of appeal to the Court of Appeal from the Suprcm© Court judgment., dated October 31st, 1916. The Court, ruled the motion irregular— no grounds or merits for such a course wero shown —the motion was dismissed with costs (-Is). IN" BANCO. A judgment, by Mr Justice Sim was given in the- case of Thomas and William Fletcher v. tho Winono Drainage Board; Messrs Kinnerney and Lucas for plaintiffs and Messrs Raymond, K.C., and Twyneham for defendants. This was the case in which the Drainago Board included an area occupied by plaintiff and others in an extension of its rating area. This extension was made under an Order-in-Council on August 3rd, 1914, on tho report of a special commission. For plaintiffs it was contended that tho report of the Commission should be regarded as a nullity, as the Commissioners had disregarded the principles of natural justice, and that the action of the. Board was invalid on several grounds. The argument has already been reported. His Honour was of tho opinion that the report of the Commission could not be set aside as voidable- The plaintiffs were not entitled to any declaration as to the validity of the report or of the Order-in-Council based on such a report. As to a special order which the Drainage Board purported to make under section 21 of the Local Bodies Act, 1013, it. was contended that the Board had not, as required, conformed tho resolution showing the order. His Honour held that the action of tho Board did, however, amount to a confirmation of tho order. His Honour also dealt with the contention that the transference of the burden of the loan from tho special rates to the general account was a wrongful exercise of the Board's statutory powers. But .the Legislature, he said, had not made any distinction, and a general fund was none the less a general fund, although it consists only of the proceeds of a general rate. The Board, he considered, had done what it had within the terms of its statutory power and on this branch.of t.he case. 'Hie only relief to which tho plaintiffs are entitled is an order declaring that the special order made in November, 191 5, is invalid as far as relates to tho loan raised in 1897. No order ras made as to costs. MAGISTERIAL. (Before Messrs W. Barrett and J. H. . Seager, J.P.'s.) VAGRANCY. Julia- Crowley, charged "with. vagrancy a.nd being found on enclosed premises, was sentenced to three months' imprisonment. ! THEFT. 1 Hugh Flalicrty pleaded guilty to stealing a uiof or-horn, valued nl. 7 s (3d, the property of C. 11. Taylor, and also to 'stealing certain articles from bis employers. Messrs Aslihy. Rergh and Co. Accused convicted and ordered to come up for sen ton co when called upon. ALLEGED ASSAULT. J.' Davidson, a soldier with corporal's stripes, pleaded not. guilty to assaulting one Annie Brockcr. who was the subject of a charge of drunkenness. Senior-Sergeant- Mathieson said the woman was in hospital at present, and applied for a week's remand, which was granted. BY-LAW BREACHES. For cycling on the footpath W. Pickles and R. G. TJnwin were fined 7s and costs, and C. Smith convicted and discharged. For cycling withont a light W. Crocke.tt was fined 10s and costß. L. Smart was fined 10s and costs for motoring without lights. C!. C. Derrett pleaded guilty to exceeding the speed limit over street' intersections, and to having a not easily distinguishable number on. the car. He was lined 20s and costs on the first charge, and 5s on tho second. Queenie East wa s convicted of exceeding the limit over crossings and fined 20s and costs. J. S. Hawkes. for exceeding the speed limit on the. Papanui road, was fined 20s and costs. P. Hilhuan, for having no registration numbers on his car, was fined 10s and costs. ' ALLEGED INDECENT ASSAULT. Peter Dunn (Mr Cassidy) was charged with committing an indccent assault, at, Sydenham on November 23rd on a little girl 5} years of age. The Justices, after hearing lengthy evidence, considered that there was no corroboration of the little girl's testimony, and dismissed the case. (Before Mr H. W. Bishoo, S.M.) DRUNKENNESS. Thornton Xewsome was declared an habitual drunkard, and was sentenced to two years' detention at Roto Roa. ATTEMPTED. SUICIDE. Charles "Wm. "Wallace, aged 43, who shot himself in the head at Islington ou December oth, was convicted and discharged on a charge of attempted suicide, and a prohibition order was issued against him.