THE COURTS.

Press, Volume LIV, Issue 16206, 8 May 1918, Page 5

THE COURTS.

SUPREME COUBT. (Before his Honour Mr Justice Herdman.) IX BANCO. "RESIDENCE" UNDER MILITARY SERVICE ACT. His Honour gave reserved judgment in rhe application under the .Declaratory Judgments Act by Marcus Leslie Mullins (Mr. Flesher) lor an interpretation of tho term '•residence'' asqualifying for enrolment in the New Zealand Expeditionary Force. The AttorneyGeneral was* joined as defendant, ana ivas represented by Mr S. G. Raymond, K.C. Plaintiff, with his wife, came to New Zealand from Victoria, Australia, the object being to improve the wife s health, there being no intention to take up permanent residence in the Dominion. His Honour stafed that ho had come to tho conclusion that question raised in this case should be determined by a Military Service Board. He held a very decided opinion about the position of plaintiff, but in view of the decision of Mr Justice Cooper, in New Zealand Times" v. Co.nmissioner ot Police, lie did not think he should express his view. Whether or not a person was a resident in New Zealand, lor the purposes of the Military Service Act must depend upon the special circumstances of each case; tho function the Court was asked to perform was ] , a function specially- entrusted to the junta ry Service Board. It would be impossible for him to construct any dehni tion of the expression "resident wmcn would guide Military Service Boards in every case in which a controversy about "residence" aiose. The caso in which he should exercise the discretion vested in him under section 10 of the Declaratory Judgments Act, ana rofuse to make any order. APPLICATION FOR SPECIAL JURY. In Marv Randle (Mr ltolleston) v. "Tirnaru "Herald'' Company, Limited, Mr S. (j. Raymond, K. 0., foT the defendant company, applied for a special j jury, which was granted, with costs &- 23. | IN DIVORCE. | Tn the application of Ethel May ! Davidson (Mr Alpers) for alimony from AValter Ralph Davidson (Mr Grcsson), his Honour, after hearing counsel, reserved judgment. The Court rose till 2.30 p.m. on Friday. MAGISTERIAL. (Before Mr T. A. B. Bailey, S.M.) maintenance. James Henry Trask was ordered, to pay Jane Trask 25s a week maintenance. , ... John Gillespie, charged with disobedience of a maintenance order, was sentenced to two months' imprisonment, tho warrant to bo suspended so long as defendant pays off the arrears at the rate of 10s per week. His Worship refused to make a separation order in tho case of Adelaide Olive Barrett v. Ernest August Barrett, but granted a maintenance- order for £1 a week. Frederick Rear, charged with failing to maintain, an illegitimate child, was ordered to pay 12s (>d per week towards its support, and past mamtenonce, and costs, amounting to £2 2sRobert Wilson, charged with disobcdienco of a maintenance order, was convicted and sentenced to one month s imprisonment failing payment.

RANGIORA. ' (Before Mr -V. G. I>ay, S.M.j Ernest Jamos Baird, a lerritorial, for failing to attend drill, was fined os and costs. James Milne, farmer, for failing to clear liis land of Califcrnian thistlo. was fined 4lls and costs. F. Sharp, for allowing a horse to wander, was convicted and ordered to pay costs. , in. tho case of H. C. Dickens v. Norman McLaughlan, a claim for £6 6s for rent, 3udgmerit was given by default for plaintiff for the amount claimed and costs.