THE COURTS.

Press, Volume LVIII, Issue 17633, 9 December 1922, Page 5

THE COURTS.

SUPREME COURT. (Before his Honuor the Chief Justice, Sir Itobert Stout.) FAMILY PROTECTION ACT. Two applications under the Family Protection Act wore luiidj in respect to the estate of i.uigi Pietrd Luoni, late of Martgatainoka, in the \\ ellingion district, the piaintiits beJig i-mily Luoni, the widow, and Joseph Edward Luoni, a beneficiary. The statement of ciaim, on behalf of the widow asked the Court to protect her income to the extent of £2OO a year, and granting leave to the Public Trustee if necessary to make the income up to that sum out of capital. The second application, by Joseph Edward Luoni, to whom the sum of £lnX) was due on the death of the widow, asked for an advance out of the estate in order to settle him in a being incapacitated from manual labour bv reason of an accident. Mt W. J. Sitn appeared for the widow, Emily Luoni; Mr E. W. White for Joseph Edward Luoni; Mr P. P. J. Amodeo for George Luoni, one of the beneficiaries tinder the will; and Mr 0. T. J. Alpers for the Public . Trustee, who is the trustee for the beneficiaries under the will. Tbo defendants were the Public Trustee, executor of the will of the testator; Joseph Edward Luoni, of Chitstchurch, labourer; George Luoni, of Port Chalmers, hotelkeeper; Louis Luoni, William Luoni, Cissy Luoni, and) Lily Luoni, the infant children of Humberto John Luoni, of Hamua, Wellington, farmer; Barnado Luoni, Ange.o Luoni, and Francesco Luoni, all of Cajsano, Magnago, in the district of Galarate, Milan, Italy. Mr White said that the applicant was a labourer, and he had been mailing repeated efforts to get work. However, ru had lound that even light work, such as carting or assisting in the removal ol furniture, was beyond hi 3 power, as his hip was gone completely. It was the case 01 assisting a man who had worked l hard and by whose efforts the estate hud been materially built up and the farm property preserved. It was a significant fact that when the codicil .was prepared the testator himself took away » legacy of £SOO from a daughter and gave it to the son, with the knowledge that he had met with a serious accident. Mr Amodeo said that George Luoni was willing to 'assist his brother's olaim. With regard to his step-brother', he claimed that ample provision had been made by trie testator. To Mr Sim, the applicant said that in all he must have been out of employment for eight or nine years through accidents. Both ankles, knees, and hip had been broken at various times. His Honour said that the widow, who was aged oixty-two years, could' do quite a lot of work. The Court proposed to make an order granting the sum of £4OO to Joseph Edward Luoni. The widow's income would be protected up to £176 per annum, and leave would be given to the parties to apply further if neoessary. any tim? after two years. This latter provision would be necessary if there were any special curcumstances at the end) of that time, such as a fall in the rate of interest, which would lower the widow's income. "If the is careful and looks after food and clothing, she has ample money to keep her," the Chi'f Justice said. "As to Joseph Edward Luoni, he will he able to get along all right, hut he will have to lead the'simple life." Costs. were allowed out of the estate as follow:—Joseph Luoni, 10' guineas, and the widow five guineas. No costs were allowed the brother George Luoni. IN BANKRUPTCY. An application to have William J. Carlton, of Methven, saddler, adjudged a bankrupt, was mads by Brace, Windle, 'Blythe, and Co., Ltd., wholesale saddlers of Dunedin, for whom' Mr J. D. Godfrey appeared. When the application was before the Court last Wednesday, Carlton claimed that he was not a bankrupt aa his assets exceeded his liabilities, and the oase was adjourned till yesterday. When the case was resumed Carlton did not appear, and Mr Godfrey, in reply to his Honour, said that Carlton had done nothing at all to meet his debt to the petitioners. -.LI The crdler adjudging respondent a bankrupt was granted, petitioners being granted permission to apply for costa later. IN BANCO. Frank William Wilkin, of Christohurch, journalist, claimed £4OOO with interest £6O, to September 30th,- from Ernest Stackhouse, Waiau, sheep farmer, Edward Gate, of Christchurch, farmer, and Harry Joseph Beswiok, solicitor, Christchurch, trustees of the estate of the late James Stackhousey retired farmer, Amuri. Mr W. J. Sim appeared for the defendant, and Mr C. S. Thomas for the plaintiff. ■ The • statement of olaim set out that on Maroh 22nd, 1920, plainti* lent to Ernest Stackhouse, of Amuri, the sum of £4OOO, to recover payment of which on June 30th, 1922, Ernest Stackhouse executed a memorandum of mortgage dated March 02nd, 1920, in favour of the plaintiff.. James fitaokivmsj wia a party to the memorandum. Ernest Stackhouse had made default of the principal and interest. The claim was £4OOO with interest £6O. Mr Thomas said that there was no question ois to the debt. The only question was one of costs. Defendants did not deny the liability, but pleaded that they did not have any assets to satisfy the debt, but admitted that plaintiff was entitled to judgment. Judsment was accordingly entered for the plaintiff with ten guineas costs and disbursements. INJUNCTION REFUSED. His Honour delivered judgment in the case of the National Timber Co., Ltd. (Mr 0. T. J. Alpers), an application for an injunction restraining the Hardware, Timber, and Machinery Co , Ltd. (Mr W, J. Hunter), for trading under its present title, as the same was likely to lead to con fusion. His Honour, after reviewing the law on the subject at some length, said that he could not- grant the injunction. Judgment was given for the defendant, with costs fifteen guineas, and disbursements. Iu the course of his judgment his Honour said that people who purchased timber had normal mental capacity, and normal intelligence. It could not be said that anyone so gifted would be so confused as to believe two different names to be tho same and one company. The fact that the company was registered in Christohurch and the other in Auckland, about 500 miles apart, was not to be overlooked,, and it was the first two wards that cnught both ear and eye, namely, "National Timber" and "National Hardware," and that must differentiate the_ companies. Considering also that the injury would be done to the defendant company, end that the company had been in existence some time without its right being questioned, he was of the opinion that he must refuse tie -injunction. (Before his Honour Mr Justice Adams.) IN DIVORCE. Decrees nisi were granted in the following divorce petitions:—Emma MRbe! Jordan (Mr H. S. J. Goodman) v. Richard Leonard Jordan deseTtion; Deborah Minnie Duncan (Mr J. R. Cuningham) v. Charles Andrew Duncan, desertion; Elsie Jessie O'Sullivan (Mr F. D. Sargent) v. Jeremith O'Sullivan, desertion and adultery; Ethel Esther Cousins (Mr J. R; Cuningham) v. Harold Leopold Cousins, misconduct and desertion; Alice Muud Iredale (Mr A. F. Wright) v. Tom Iredale, desertion and misconduct; Portia Emineline Alice Sterling (Mr R. Twyneham) v. Percy G. Sterling, separation by mutual agreement for over three years; Alexander Robertson (Mr R. A. Cuthbert) v. Violet Robertson, de"eertion; Laurence Charles Penlington (Mr J. B. Cuningham) v. Doris Hannal Penlington, failure to comply with an order for the restitution of conjugal rishts; Ebenezor Morton iMr P. P. J. Amodeo) v: Ellen Louisa Charlotte Annie Morton, same grounds; Robert Stewart Hewitt v. Winifred Ruby Olive Hewitt and John W. H. Barnes, Wanganui, co-respondent, aduHerv; Ethel Tasker (Mr E. W. White) v. Aubery Clifford Tasker, desertion; Fred. Thomas (Mr C. S. Thomas) v. Annie Eleanor Thomas and Raymond Henry Childs, adultery; Josephine Hannah Johnson (Mr F. S. Wilding) v. Alexander Johnson, adultery; Annie Watkins (Mr C. S. Thomas) v. Arthur Lancealip Cyril Watkins, adultery; Martha Jane Joyce (Mr W. R. Lascelles) v. Theodore Ritchie Joyce (Mr P. P. J. Amodeo), desertion; Norman Allan Douglas Oldridge (Mr W. R. Lascelles) v. Winifred Agnes Oldridge (Mr R. Twyneham), desertion. In the oase of Alice May Russell, County of York, England, a petition for divorce from Gerald Warren Russell, medical practitioner, Christchuroh, on the ground of desertion, Mr R. A. Cnthbert asked the Court to allow the oase to stand down until next week, as evidence taken on commisaion had onlv just come to hand. The application was granted. James McGonagle (Mr F. Whitcombe) petitioned for divorce from Elizabeth McGonagle on the ground of desertion. Mr J. H. Upham said that he appeared for respondent by instructions from a solicitor in Londonderry. Ireland, and he had filed an affidavit setting out the position. He asked that the esse ehould stand over to allow respondent to answer the petition. Mr Whitcombe said that respondent had Tefused'to live with petitioner in Ireland, and to follow him to I Dunedm The bearing wsw adjourned to a I date f« be fiz»d. • An ord*r fox restitution af conjugal rights ]

was made in re Frank William Curtis (Mr E. W. White) v. Lilian Susannah Curtis. MAGISTERIAL. FRIDAY. (Before Mr Wyvern Wilson, S.M.) DRUNKENNESS. Martin Carroll, aged 48 years, was fined ss, in default 24 hours' imprisonment for drunkenness, and 40s, in default seven days imprisonment for a breach of his prohibition order. The Magistrate remarked that accused had a criminal list and it was not much uso giving him reformative treatment. John Mullins . pleaded guilty to charges of drunkenness and of having broken his prohibition order. Ho was fined 10s, n default 48 hours' imprisonment <:r, iJ<o first charge, and £5, in default one juGntVa m prisonment on the second. ALLEGED THEFT AND ARSON. Henare Pourau, a Maori, aged 22 years, was charged that on November ziaa, at Lake Ellesmere, he stole £l6, the rroperty of Alexander Young. He was further charged that on the same date he set fire 'o a building fixed to the soil thereby committing the crime of arson. Senior-Detective T. Gibson said accused and two other men had been living in a whare on a farm at Lake Ellesmere. One of the men had had a considerable sum of money. On November 22nd, the whare had been burnt to the ground. übscqucntly Pourau had been seen taking some moncv from a shed near the scene of tho fire. Immediately previous to the fire accused had taken his clothes out of the whare. Young gave corroborative evidence and said that the bank notes (produced) were similar to the ones he had lost. Accused pleaded not guilty and was committed to the Supreme Court for trial. ADMITTED TO PROBATION. Frederick Ponninghaus (Mr A. J. Malley), was charged with the theft of a horse collar valued at 30s, the property of Edwin Wallace Hempton. Mr Malley entered a plea of guilty and said that accused had already served a month's imprisonment for a similar offence. As eoon as he had been released he had been arrested on the new charge. If the charges hod been heard together, the sentences would probably' have been concurrent. Counsel asked that the Magistrate might deal leniently with accused. The Magistrate admitted Ponninghaus to probation for six months on condition that he paid witnesses' expenses, amounting to £1 18s. TRUANCY. Alexander Candlish, for failing to send a child to school was fined ss. BY-LAW CASES. For leaving carß unattended, Frederick Armstrong, Edward Arthur Green, John Henry Martin, Arthur Niven, Mrs Martha Canayau, James boss, and John Smith were each fined 5a and costs. For leaving a motor-cycle at night without lights, Richard Arthur Boulton was fined 10s. Morris Averill Jobberns was fined 10s for cycling without lights. William Payne, on a similar charge, was fined a like amount. For dangerous speeding, George N. Jennings, Clarence Aitken,. Harold Curtis, Allan Matson, and John George Parrott were each fined £2 and costs. On similar charges Ernest Blackmore was fined £3 and Walter Chisnall £l. Reginald George Sellars was convicted and fined Ss for discharging a shot-gun within the city. . Walter Chisnall was fined 10s for driving without a certificate of ability. Mrs Lorraine Kempton, for driving without a certificate of ability, was fined 5s with costs. The Magistrate advised her not to practise driving in Cathedral square. For leaving a tram-car when it was moving, B. Bell was ordered to pay cobis 12b. A charge against James Harris of not having obeyed a police officer, was dismissed. Defendant stated he could not see the constable, as another car was in the way. Alfred Henry Rickard was charged' wth having attempted to cross a railway line when it was not clear. The charge was dismissed as defendant had not gon» over the line. He had swerved when he saw the train and stopped about a foot away. The rowcatcher of the engine had struck the front wheel of the car. For cutting corners, John Stalker sncl Robert Samuel Kain were each fined 10s. For leaving a taxi-car unattended, Benjamin Berry was fined £2. Sydney Ronald Bood wa« fined 10s f<~ driving ft-xrar without a, certificate of ability and 6s for not having' registered the car. William Juu* Wallace ty fined 10* foz

driving a car without a certificate of ability. Reginald Murray was convicted without penalty for riding an unregistered motorcycle, tho property of his employer. He was ordered to pay costs for riding without a certificate of ability. The__City Traffic Inspector, Mr H. Macintosh'(Mr H. H. Loughan) proceeded against George Webster (Mr F. W. Johnston), for having driven a car in Christchuroh without a certificate of ability. Defendant ind a. Timaru certificate and was seldom in the city. A fine of 10s and costs was imposed. IN OTHER PLACES. SUPREME COTJRT SENTENCES. (PRESS ASSOCIATION TSLEGRAtt.) WELLINGTON, December 8. ' In the Supreme Court to-day, Mr Justice Salmond presiding, Henry John Mercer was sentenced to two months' imprisonment under the legislation of lost session, for posing as a post and telegraph official inspecting the wireless ecuip.nent of steamers in port; Percival Ernest Green, for indecent assault on a male, to seven years' imprisonment; and Albert Edward Lovett, for a false declaration jn respect of a marriage, was fined £lO.