THE COURTS.

Press, Volume LVIII, Issue 17401, 11 March 1922, Page 5

THE COURTS.

SUPREME COURT. IN DIVORCE. (Before his Honour Mr Justice Adams.) BOAG v. BOAG. Andrew Duncan ±soag, ®<^a£?f,ao(iissoiuerhara (,ilr W. J. b"") * p f llce Lightlooi tion ot lua marriage wiui A oa jiJoag, of falmeretou xNoith tail• , aus6 genij, under the Mutual &«P 1 (juusea Act, ot the Divorce and Matrimonial Causes a Petitioner stated that they bad been ried in 1911, and three h t£a born of the marriage. lhoy Respondent by mutual consent in i«m<» , seDoradenied that there had been a m tion, and alleged that that such guilty of misconduct. She, a ° ratioll) and misconduct had ltd to the P (Jiashe aak*d that the petition ehould be ° missed, and that she should the eus tody of the children. lmnrinff in His Honour declined to grant a, hearing camera, as asked by counsel fop tho Petitioner mxsc separation, and said that it gepß ration. and not the cause, o the Lengthy evidence was gi\«n y H P c Co i. and his case was support Kort h, linson, ironmonger, of Pl "\ - c { paland John Sweeney, motor mechanic, merston Nortii. , -j that For the respondent, Mr Sargent there was no evidence of a m tion. If the separation to wrongful act on the part of P ' away recent amendment to the A vjbited a discretion from the Court andl p vnrc6 guilty petitioner from securing ft In the present case, any b*en entirely the fault of petitioner, h*w , { mitted that a decree could not be ,g 7 d it was proved that the sepaiation had be« due to misconduct on the part of I* ll1 '®"" 1 Mr Sargent asked that, in the circu hearthe should be dismissed without hearine the evidence of respondent. His Honour remarked that mutual ®°° must involve agreement, and the I be satisfied that the separation JM ™ u tuaJ. 'Petitioner, by hie own evidence, had responsible for tho estrangement. Also, he had been guilty of misconduct. After respondent had given her evidence, I his Honour dismissed the ' that if the separation bad been mutual, » I had been brought about by the of the petitioner. Costs, on the highest ecale, would be allowed to respondent. •

CIVIL SITTINGS. CLAIM FOR DAMAGES FAILS. (Before his Honour Mr Justice Sim.) James Clarenoe Barrett, clerK, 14 ammboidt street, Sydenham (Mr W. J. Hunter) claimed from J. Miller and Co., shipwrights, of Lyttelton (Mr M. J. treason), a. sum of £3OO, general damages, and £lO2 15>s Sd> special damages, aa the result of the collapse of a platioim on. which plaintiff was working as a painter in the s.s. Ugatoro on September 28th last. The claim stated that the platform on which plaintiff had been working was unsafe, and unfit for the work. It had not been made fast, and was inclined to eway, and the platform had! collapsed,- with the result that plaintiff had fallen some 15. feet and fractured his left ankle. From the date of the accident until January 11th, it was stated, the defendant company had paid plaintiff. workers' compensation. at the rate of half wages, £2 IBs 3d, per week. The defence was a general denial of the claim, it remarked that plaintiff had adopted a perilous position in working 1 , and had been warned of its danger. It was stated tht plaintiff had worked on the scalffolding with one foot on the latter and one foot on the stage plank, and that, through I his action, the staging had moved, thereby | precipitating plaintiff to the bottom of the hold. , . I ■ Plaintiff gave evidence on the lines of the statement of claim, and said that he attributed the accident to. the fact that the ends of the platform were not. made fast to the side of the ship. He waa on, ladder while the beam was being moved, ana when he placed his boot on the beam again it had given way; He had not previously worked as V painter in a ship. Jack P. Grantham, labourer, and various other witnesses, gave evidence to the effect that the scaffolding was not safe. . Christopher P. Thompson, a p.wnter .with, many, years' ..exiwience •» Aip said that. he £nd seen plaintiff just before the accident, with one foot on the ladder and one on the stage plank. He had wained him that in # such a position he wa* liable to fall and\ break his neck. The scaffolding used waa just what was always used in such jobs,,and it was perfectly safe. He wag quite ; certain ,that the accident was the result of carelessness on the part of the Pl witnesses gave evidence as to the scaffolding system adopted being universal and perfectly safe. . His Honour said that if Thompson s evidence were true, the plaintiff was reaponsil>le owing to the unusual position m which he was standing, and his Honour considered that Thompson'* account of the matter was the more reasonable one; he would accept Thompson's evidence, and therefore plaintiff wiifl not entitled to damages. Mr Hunter then applied for the amo-an.t of compensation allowable under the Workers Compensation Act, 1908, to ♦iff ha «aid had been paid half-wagw up^ Uth last. * Mr Hunter suited that, on the fttoa of tb« jnedieal an action for daroogco instead of nS to Fobmary 25tK and £1 ,I»er week tor twelve weeks, ts !»t amount W as the costs agamet'the Pi"*™' in fuU son agreeing to accept that settlement. magisterial.

FRIDAY. (Before. Mr H. W. Bundle, S.M.) - THEFT. ■ Samaol Henry Clegg W. P. aged 23 nrMarch lst, at Hoirelguilty to the thef'»» .. articles valued viile, of ciothes and other arqq gd at £5 Bs, and £2 m money, he &b . stauied" a fiom liquor dmmg that rescued from the pound. damaged the iock oi * therefrom, was with having. rescued a horse tnerei ' coatg fined 10s ou each charge, and 20s for assaulting the ranger, William E. Thiel man* BY-LAW CASES. Adams, Ltd., for leaving a car without Moore Charles Chegnell, *nd WiUam i^ a f o r cycling without lights, were eaph_fined 6s. James Percy was convicted and discharge* for cycling on the footpath. MulmWni. Henry Pile and Charles Thomaß Makepeace were jointly fined lOs _ for 8 cattle to wander. . „ Maxwell Steel Ramsay, for Bpeeding in a dangerous manner, was fined £4- i° r J> no ceitificate of ability, he was convicted and discharged. , , Herbert fcimpson, for exceeding the speed limit, was'fined 40s. . _ T n For cycling on the footpath, Roy Lovel Smith was lined 6s. ... For leaving a car unattended, G.adys Altken «nd Margaret E. Dougall were fined 6s Henry E. Beckett, for cutting a corner, ■was fined £l. ' , | Harold Fenton was fined £3 for riding between a stationary tram and the kerbing. For failing to stop their cars on the left side of the roads, Alexander Fleming and Victor Gamble were each fined 10s. Charles Skelton, for carting foodstuffs without covering, was fined, 30s. Thomas Voice, for speeding, was nned id. "William S. McLean and Ernest Richard Marsh, for similar offences, were each fined *°For leaving a horse and cart unattended, John O'Connell was fined ss. F. W. Priest, for allowing cattle to wand' For W cms unattended, Esmfi Lamb, Dorothy McGilUvray, Winifred Piper Jack Matson, Charles L. Williamson, and Louis C. Wood were each fined 6s. George W. Parry was fined 10s for a similar offence. Charles Lewis Williamson, for using an unregistered car in a public place, was fined £2 James S. Middleton, for driving a car between a tram and the kerbing, was fined £3. L. H. Leverßedge, for speeding, was fined £5 and costs. For having no certificate of ability he was ordered to pay 7fl costs. BREACH OF ARMS ACT. For being in possession of a weapon, contrary to the Aims Act, William Victor Howell was fined 10s. A charge of not having registered another vu. dismissed.

DARFIELD. (Before Mr Wyvarn Wilson, S.M.) Arthur Gcodyer(MrP. P.J. Amodeo) w'ae oharged with having, cn February 28th, worked two . horses, "suffering from sore shoulders, in Messrs Cassidjr find Hall's coaches at Arthur's Pass. . Defendant did not appear, but his counsel entered a plea of not' guilty. - David James "White, inspector for the Society for the Prevention of Cruelty to Animals, stated evidence that defendant was a driver- in ■•the. employ of Cassidy and Hall. • Witness ana Constable McKay inspected some. 85 .coach horses at Arthur's Pass on February 28th, and found eight of them suffering.from sores. Witness ordered two', to be put off wo'k. One was suffering feom a raw, open flesh wound 1 four to. five inches long, and about two inches wide, under the collar; • and the other was suffering from. a. raw, open eore on the light shou.dei-, about two and a-half inches long, and one inch wide, and two smaller sores, one on each shoulder. Hugh Cassidy, called by Mr Amodeo, stated that definite instructions had been given to the firm's drivers,- including defendant, that no horses were to bo worked with sores. J. Butterfield, employed by the previous witness at iSpnngfie'd, stated that he had inspected the horses : at Arthur's Pass after the inspection of the S.P.C.A. inspector, but did not find any Suffering from sores. _ The Magistrate, ill convicting defendant and fining him 40s, with costs 9s 6d, Baid tKat the road from Arthur's Pass over the hills was a dangerous one. over which to drive horses suffering; from sore shou'.ders; .such a road, required good sound horses. During tho fifty years that Mr Cassidy had been engaged in the coach business on the road, the-present'was the first occasion that a charge of the kind had been brought regarding any of . their horsps. ; . "William Rugg (Mr Amodeo). another of Cassidy and Hall's drivers, similarly charged, did not. appear, but his counsel pleaded guilty on- his behalf. • A fine of 40s was imposed, and defendant was ordered to pay : 7s costs. ASHBURTON. (Before Mr E. D. Mosley, S.M.) Frank Belisky; waa fined £2 and costs on a charge of taking two gallons'of beer from Cherlsey to Dromore without having given a written order when purchasing the liquor. . Leonard Mark Newman, for whom Mr Alpers appeared, wan charged with keeping liquor for sale. The case waa dismissed. A. H. Hewitt was. fined 20s and costs for speeding with a motor-cycle. William White was fined 20s and costs for speeding with, a motor-car. In. a civil case, P. and D. Duncan v. J. J. Dolan, claim £24 16s lid, judgment was given for plaintiff, with costs £2 2s. In G. H. Heffoid v. D.. Langford, £lB 19s 9d, and same v. S. J. Newitt, claim £1 6a, judgment waa given for plaintiff. No orders • were made in the judgment summons case, Chandler and Co. v. C. Campbell and R. Ray v. S. Bushell.

IN OTHER PLACES. SHEEP-STIIALING CASE. (PRESS ASSOCIATION TELEGRAM.} WANGANUI, March 10. ' In the Supreme Court this morning, Matthew Mulcahy, who had pleaded guilty in the lower Court to a charge of sheepstealing,; was senteiced to six months' imprisonment. His pertner, David Hyde, was admitted to probafion for twelve months. Counsel for the accused stated that Mu.cahy refused to disclose the name of the person from whom he bought the sheep, asserting that he had given his oath and word of honour not to divulge the name. It waß, he said more than his word of honour, religious element entering largely into the matter. CHARGE OF ARSON. (nns association telegram.') NELSON, March 10. Arising out of the fire at Louissons, Ltd., William B. Hay and Ernest W. Broad, who were before the Court charged with the theft of a number of fur-lined coats from the premises, and remiinded until Monday, were charged' this afternoon with wilfully getting fire to premises the property of Henry Baigent. A remaiid was granted, till - Moni daar.