THE COURTS.

Press, Volume LIV, Issue 16309, 5 September 1918, Page 4

THE COURTS.

« SUPKEME COURT. CIVIL SITTINGS. (Beforo his Honour Mr Justice Hordman.) Tho civil sittings &are resumed yesterday morning. WARDEN'S JURISDICTION. v Further argument was heard in the application by the Rimu No. 1 Dredging Company, No Liability, a foreign company registered in New South Wales, having a registered office at Hokitika, and carrying on business as a goldmming company (Mr Raymond, K.C., with him Mr Park, Hokitika), for a writ of prohibition prohibiting proceedngs on a judgment of John Edward Wilson, •Warden, m favour of the Dispatch Foundry Company, Greymouth. The Warden and the Dispatch Foundry wero joined as defendants. Mr Kitchingham appeared for the Dispatch Foundry Company. _ His Honour. said that he would take time to consider tho matter. CLAIM FOR COMMISSION. The hearing was resumed of the action in which William Allan Hopkins (Mr Hunter) claimed £490 18s 9d, commission, from Jesse James Hiils (Mr Alpers, with him Mr Twyneham). Tho claim arose out of certain sales and exchanges of property, which took place in August, 191ti, tho defendant alleging that in respect to commission on one set of transactions, it was to be "as arranged with Mr Paul Neilsen," tho last-mentioned having given a letter ntroducing Hills to Hopkins. The plaintiff alleged that Neilson was in reality Hills'B secretary. Mr Alpers continued his cross-exam-ination of plaintiff, and sought to establish that there existed a partnership between plaintiff and Honvell, tho last-mentioned being concerned in one of the transactions with defendant. The existence of a partnership was denied by plaintiff. Without refreshing his memory witness could not recall whether Fleming's Morton Mains (Southland) property (sold July, 1905, to Honvell for £14,500 by plaintiff as Fleming's agent) was valued, as to tho land, by the Government at £17,500, and that the Bank of Australasia had made an advance on the stock of £2000. Witness could not remember any arrangement between Horwell and himself whereunder Horwell undertook -to pay plaintiff two-fifths of any profit' ho (Horwell) made out of 'Morton Mains. Witness did not know how much profit Horwell made out of Morton Mains. Witness denied that Horwell, or a man named Wilcox, or a Miss Williams, were his dummies in connexion with property transactions. lie-examined by Mr Hunter, witness stated that in respect of the insertion, in the authorisation card, after tli6 words, "commission according to usual Chamber of Commerce rates," of tho words, "as arranged with Mr Paul Neilsen," when it was submitted to him he was very busy, and he understood that there was somo question of the amount of commission to be paid Neilsen, and he left his clerk and Hills to settle it; it was a question whether the amount of commission should be referred to - Neilsen, and witness left it to thorn to settle. He did not have any communication from Neilsen as to sharing commission with him. It was pretty well known that attempts had been made to bring witness into certain transactions of Mr Luther Hopkins, transactions into which Wilcox and Miss Williams wero connected. E. J. Tayler, secretary of the Canterbury Land Agents' Association, gave evidence as to the custom in regard to sharing commissions. According to the Canterbury Chamber of Commerce scale, the commission on a transaction involving £8500 would be £122 10s, and on one involving £7000, it would be £107 10s. After tho luncheon adjournment plaintiff produced certain hooks of account to show, in respect of the Morton Mains transaction, that the price paid by Horwell was £14,500, and that the commission plaintiff received was £172 10s. When Fleming's estate was handed over to witness, it was only paying a few shillings in the pound, and when I he handed it over to the Public Trustee J it was £7000 to the good. Replying to Mr Alp?rs, witness stated j that Horwell paid £2000 in cash. j i E. F* Lush, accountant to plaintiff, j ! {iroducea certain - correspondence re- i ating to the present claim* /1

Replying to Mr Alpers, wjtness stated that on one occasion ho visited Horwell at Invercargill, on plaintiff's behalf, to arrange with hiin for the payment by him (Horwe.l) of remuneration to plaintiff as promised. Mr.Alpers: Remuneration out of the profits of Morton Mains? Witness: "If you put it that way, perhaps it is 60." He could not say if, on that occasion, reference was made to two-fifths of such profits being due to plaintiff. This was tlie case for tlio plaintiff. Mr Alpers moved for a nonsuit, contending, in respect of the Hills-H«rwell transaction, that there was no appointment by Hills (the defendant) of plaintiff an his agent, as required by section 13 of the Land Agents Act. As regards the Hills-Batty transaction, counsel contended that the authorisation was imperfect and void for uncertainty, and that the provision for arranging with Neilsen as to commission was a condition precedent which, had not been carried out. After hearing Mr Hunter, his Honour granted a non-suit in respect to the portion of the claim arising out of the Hills-Batty transaction, but declined to . non-suit on the other point. The Court adjourned till 10 a.m. today, when the defenco will be taken. MAGISTERIAL. (Before Mr S. E. McCarthy, S.M.) REMANDED. Bernard Noonan (Mr Cassidy), who was charged with being £42 10s in arrears on a maintenance order, was remanded until Tuesday next, bail being allowed, accused in £50 and one surety of a like amount. ADULTERATED MILK. Ann Gallagher (Mr Sargent]) and Ftank Thome (Mr Goodman), who had each been fined £50 and costs on Saturday for selling milk below standard, were each arraigned on two further charges of a like nature, and each was convicted and ordered to pay costs. FAILING TO ENROL. Gordon Daniel McEwan, charged with failing to enrol as a reservist, was convicted and ordered to come up for sentence when called upon. SHORT-WEIGHT BREAD. Charles Edward Boon (Mr Wright) was charged under the Sale of Food and Drugs Act with having sold, through his servant, a loaf of bread weighing lib 15oz instead of 21b. Mr S. G. Raymond, K.C., rho conducted the case for the prosecution, said that 11 other loaves had bean weighed, and had showed a combined weight of 291b 7oz, instead of 301b. A fine of £2 and costs was inflicted. Cecil Johp Harris, who was also charged with selling light-weight bread, was fined a like amount. OBSTRUCTING AN INSPECTOR. William Clarke (Mr Cassidy) was charged with having obstructed an inspector under the Food and Drugs Act. The evidence .' ; or the prosecution went to show that an inspector had gone to defendant's farm to test his milk, and that the defendant had, on learning the inspector's business, kicked over the can and spilled the contents. For the defence it was urged that the defendant had acted under provocation. A fine of £o and ccsts was inflicted. AN UNREGISTERED SCAFFOLD. Pa'ko;' aid Jonos (Mr Smithson) were charged with having erected a scaffold of over 16 feet in height without notifying the inspector of scaff. Ids. Defendants were fined £2 and costs. (Before Mr K. Matheson, J.P.) DRUNKENNESS. Two first offenders were each fined ss. in default 24 hours' imprisonment, one of them being also ordered to pay 21s medical expenses. AMBERLEY. (Before Mr T. A. B. Bailey, S.M.) John Wilson was charged with allowing 10 cows and one bull to wander on the railway line at Sefton. As the defendant had had to destroy one beast valued at £15 and the cattle had br- ken out accidentally, a fine of os without costs was imposed. A first offender was fined 03 and costs for drunkenness. Frederick J. Stanton sued Wm. Davis for £1 3s 9d, balance owing for work done. Judgment was given for plaintiff for 20s paid into .Court, with costs. Defendant was allowed witnesses' expenses totalling £2 14s. THE BEST FOR CHILDREN AND GROWN FOLK, TOO. Dr. Sheldon's New Discovery for Coughs and Colds is a universal favourite with the Children, not only on account of it being so Dleasant to take, but because it promptly banishes their Coughs and Colds. It contains no opiates or other poison, and, consequently, is as safe for tho youngest child as for grown folk. Dr. Sheldon's New Discovery for Coughs and Colds. Price, Is 6d and 3s. Obtainable everywhere. 9 When your child cannot sleep because of cold in the head, u?c NAZOL. Sprinkle some drops on nightgown or pillow. Quick relief will follow. Sixty doses Is (id. 6