THE COURTS.

Press, Volume LIV, Issue 16209, 11 May 1918, Page 5

THE COURTS.

SUPHE3IE COURT.

IN CHAMBERS

(Before his Honour Mr Justice Herdman.)

In the case of Rose Eli2a Morkane, deceased (Mr Fryer) and Charles Joseph James Morkane (an infant!, motion to confirm the Registrar's report, an order ■was made accordingly. An order was made accordingly on a motion for order as to service of beneficiaries in the case of John Power, accessed (Mr Rcss). , j In re Arthur Hail Fletcher, deceased 'Mr Dougall), petition of the trustees for leave to soil, an order was made accordingly. • T In the ease Cook v. Matson (Mr Upham), summons as to providing annuity and distributing estate, an order ■was made accordingly, all parties consenting. An order wa6 made on a, motion to extend time for registration of chattels security in re Broderick and Harrison (Mr l>nwson). In the matter of memo of a mortgage, Ager to Speechley (Mr Hooker), motion to call up principal moneys and to pay increased rate of interest, the mortgagor was ordered to pay increased rat© of interest at (5 per cent., and the term of the mortgage was extended for two vears. No order was made for costs.

In Sir W. Perceval v. H. J. Mamner (Mr Fryer), action for specific performance, judgment was given in the terms of consent. AX APPEAL CASE. Joseph Clark (Mr Alpers) appealed against the decision of Mr T. A. B. Bailey, S.M., in the case of Clark v. Wedderspoon. Mr M. J. Gresson appeared for the respondent, "William Carrick Wedderspoon. In the Lower Court the appellant, as plaintiff, claimed £180 commission, per cent, on £6000, which ho had agieed to advance to finance a shipment oi Japanese electric wire. As an alternative, the samo sum was claimed as damagos on the ground of breach of contract. The Magistrate held that in the face of contradictory evidence it was difficult to ascertain what were the true facts. The onus of proof was on the plaintiff, and as he had failed to prove his case, judgment was given for the defendant. The conflict of evidence referred to turned on the statement that Clark did not readily and willingly find the money, as ho had contracted to do. and on the other hand it was stated that Clark had the money, but Wedderspoon dodged the transaction. W-rdder-spoon eventually found the money through his bankers, and Clark then feued him for £180 commission, l>eing 3 per cent, on £0000, the commission agreed on. After hearing legal argument, his Honour reserved his decision.

. M A GIST H RIAL.

(Before Mr T. A. B. Bailey, S.M.) DRUNKENNESS.

Three first offenders for drunkenness were each fined os, in default, 24 hours' imprisonment. John Fitzpatrick, a second offender, was fined 10s in default, 13 hours' imprisonment. BY-LAW CASES. Charged with failing to notify change of ownership of u motor-car, * William Valentine Mockott and Alexander Jack Archibold, were each lined JOs, and costs.

For failing to have a silencer 011 his motor-cycle, Frank Park wood »':ts lined i!os and costs.

John Williams was lined 10s and costs for using an unregistered motorcar, and os and costs, for failing to have a certificate of ability. Upon a charge of driving a car which did not have -i distinguishable identification mark, tie was convicted and discharged. Francis M. G. Moore was fined 20s and costs for driving a motor-ear over a street intersection at a speed dangerous to the public. ' Gordon Keith Ower. charged with riding a motor-ryclo along Edgewnre road without keeping a hand 011 the handle-bar, was fined 2Cs and costs.

l'or motoring over a street intersection at a speed dangerous to ihe public, William Ginn \v::s fined 40s and costs. Upon charges of driving n motor-car over art intersection ni a dangerous speed, William Stone and Arthur R. Fear Aveic eat-di lined -10i antl CCbtS. BREACH OF FOOD AND DRUGS ACT. Potcr Watson (Mr Wright; was charged that on March 21th, at by his agent, Arthur Mncsey, he unlawfully sold to Mark_Kershaw, cream containing soda bi-carDonate, the same being a substance the addition of which is prohibited by the regulations made under the Sale of Food and Drugs Act. Defendant was convicted and fined 20s and costs on the charge, whilst a further ohargo against hint of selling the crcaiu without fuUy notifyiug the purchaser of the adulteration was missed.UNDER WEIGHT. James Charles Baldwin (Mr Taylor) was charged with selling a packet containing butter whioli was under the weight marked 011 the packet. He was lined 20s and costs. ADJOURNED. A chargo against Sydney Smith, "f selling butter containing more than lo parts per centum of water was adjourned for fourteen days. SALVAGE CLAIM. (PRESS ASSOCIATION TELEGRAM.) WELLINGTON, May 10. In a salvage case, tho Appeal Court held that the Chief Justice had not sufficiently taken into consideration the danger the ship was in and the vp.jue of the shin and cargo, when awarding only £1000. The Court increased the amount claimed by tho Union Company to £2500, with costs on the nighest scale.