THE COURTS.

Press, Volume LX, Issue 18135, 26 July 1924, Page 6

THE COURTS.

SUPREME COURT. m BANCO. (B&fora bis Honour llr jufltion Adassi*.} BU.M-uu.Nti. An originating euimnonj was beard to determine uiu iiguus ue»w«en tne uquxUtwr of tuo iibw ooiufciitiJie CrOiU±ittuy, tin, and ma iiniuvinmr 01 me aoou txny aeienuaut, ill re-pect to » chunnftuer itiatimnßi ilie iivtUia&bOi oi llie yerpsjuiiio < j*rnp.j t,y agtb6d to Btiii lli9 111 LiCilillG 10 InG iioon tin/ tympany lor jtiou caan, the pureh*»« to give naourity ovar tue twlanoa. JCo aoaurity waa not executed) ana tne serpentine l/oiiii-iiuy pal a poioGu m uvuiuial pv«b«»Bion ot Ih * ciiunne»»er. Xno Houn iltty p&ny went into A.quid&tioQ, ftnd tho iiquidator ot that company now claimed teat the security over tho bftlance was void, sta it had hot been registered under the Chattel Tiansier Act or under tne Companies Act. and ffeot it Should have been iegiateied tinder one Of those Aota. It wae submitted on behalf of tho Serpentina Company that a verbal agreement need not be registered, although an instrument must be registered. TT n It w»3 contended for the Hocn Hay Company that there Waa all actual agreement m \'.'nting. The qiifestioti submitted to the Court for decision wag whether tile liquidator of thd Serpentine Company or tbe liquidator of the Hoon Hay Company wo 3 entitled to the toachine, which was sold for £l 1 200, £llOO of tlid purchase money b€iiig still due. _ Mr R. lioughnail appeated fot plaintiff and Mr J. H. Uphain lor defendant. After hfiarißg. legal argUnleUt his Honour reserved hia decision. IN CfiAMSEIiS. Amongst tho business which claimed the atteiitibn of hij Honour in Chambers yesterday Tvla tho following A motion for letters of administration and for one surety to be dispensed vritli in tne estate of Willitsi Meaololu, of Ashburton (Mr F. 13. .Sargent) was granted, In to Alary Dixoii (Mf A. W. Brown) V. Frank Dixoh (Mr C. 8. Thdfliaa), in divorce, h motion for diminution of p£ima!i6nt fflSinIfenance, an order was made by consent that tie eum of £SOO be paid to petitioner nnd Scfcejited by hef in full satisfaction of her claim for permahelit alimony. Iti Smith Wilson (Mr Wi J. Sini) v. Smith WiUon (Jlr A. W. Brotvn), notice of uiotioii on petition for permanent alimony an order tfa.3 madfe by coiisent for permanent maintenfthce at the ratfe of £IOO pei' annum, to bfe paid quarterly.

MAGISTERIAL. FMiDAY. (Before str Wyverfi Wilson, S.il.) "A ROLLING STONE/' Ofecil Cyril Qr»nger ( a young man (Mir J. B. Batclielor), appealed on remand for sentence on a charge of stolen the feutn of £1 in money and si hat valiied at it's, the property of Jsck O'Grady, hia mate, and on a furthet charge of having stolen a bifcyblfc, iha pii3p6tt? ol Willittitt Sterns, jiia fiinjiloyet. Tlia Magistrate Said that the Probation Officer's repoft Was fadt a favourable oiife. The report stated illit he waa irieeporisiWe, sM nodded tnore etriet Sii|>&i , viiiOn thfin the Ptobitioii Act ctrtlid ptovide. Accused Wcrtild have to realise hii responsibilities, hilt at present lie flppesfed to fie shifty. He *&s ft rei'.ifigf stdfl&j and Awed from em® job to another, in his Worship's opinio ti a short term of imprisonment ttaS the proper penalty' to impose^ Gtaflgsf Wis ttriMcted &nd sentenced to sßveh days' inigriistnittienl < fHREATENING BEHAVIOUR. Albert Leader (Mr J. B. Sat6heldr), ttAd tPhtflUM B. Atom pleaded not guilty to & Joiilt fihSige ttf having used threatening behaviour ifl Lichfield stfeeti Constable C. King Said that aboiit 0 ofclock on Thursday he saw Leader come rapidly enlt of Sis Hotel, Lich•flfild street. Amos followed, oatight iHp to hi hi ( aflil 6t futile hiffl. Until witness arrived and attested them they were fighting. Leader daid that he had teen accosted by a you tig Scdtch lady a f«w_ minutes bfefdiS ha entered tho hotfcl, &ftd ftflked if he Cdtild he# to it eertuiß stm\>, The ehqulrifed he isate on the lady's behalf took him into ffi& L&r&Mp'f) ttotel, _ which was nearbyi and in whiefi hG eonttnttM to enquire of tfea. tneii in the bat if thsy knew wheto the Street WW. As & rriaHei- of fortti he ordered A glass of beer, but before he cotild dfifik tJi? sulfa Ames "gia&ikfed htia 6ttß<'? Witness tlieretipdn dropped his glass pi be6r ftild Mfide a tush far thfe dodf. Two df three fnftn chewed hint and Ain&s followed him intd the fitfMt tfiid etfttak hi&s, AtaM Mid that when Leader time taw the bar he sfeeuied ii he wete going td "SKftA eVferyhefly tip," ftttd while WitfiesS was stAnMng near him Letdof thrift a glass Of bee* in his face. "Of cdtirte,' continued wltess, "I <soiiMa't stand that; ana 6t» thaVrhd* it started, your Weitahlfl," s?lie Magistrate Said it.WftS ftttlie# ft strafiwi Btisry, but it Was hid opinion that so'inetMng hid bfeen do 8« .6* said la (lis ba» •which UHd canned the behaVioiir ftf both Mfeft; Hawever, lie hsfJed th4t it lie a leSSfjfl to Liftdit hot to (?d istd l!6telB ftiid ifiakd eaflblfiea to oblige fetrange ladies. ■Wheft Leader went into the hotel lis Was "probably a bit titfht," and therefore ebulfl not' MHietabeif &U thM) hid liapeflfiSd. , Amos T0.&& convicted and fined 40s arid tioste, and Lfeader Wis flcWivioted nitd fined 30i and edits.

A fffifitotrg cßAium Ofiftrade Chfiefc Bell; A mariied fatilAa 20 yeats of age, residing at 7 Dover Street, Sti Afbafls tS& Ai Ji> /GaVell), appeared dfl f6tantsd oil a ehiiige of having unlawful# Ufl«i fiß tti&tftilnoat oti A Woinan. Chief-Dete«itive T. k Uibkun eftid that the tam.ti, ofi wheffl the Cpferition had been Wrlorflrfd, wi giflWfl mueh *0169 since the fast tftffiand had been granted, and pfobably aii opsfation would hate td be performed ta g&vd He? lite. He skid he would object to aa *ppUeatioH fof bail because the woman's condition W4S otltte&U and bar evidence might h&Ve to feft takeii in hoaCafflll disputed whet tha Chief-Deted-iive Had said. He stated that With the list retaifitl was gntitad a ddtftot'e certificate, which filibWeiTthit the Woman WfiS theft out of danger, had been produced. He thofef&re applied for a renewal of bail. The Magistratesaid ■ that bfefotß the operation was performed oh the woman her evideHWs should b» taken. Under the eitjMßfettanees he wdutd not gtafit bail, but if Mr. CttVtll etill disputed what had beeti said by . ihe tChief-fletectave ho could make an application later in the day atid stippOrt it with medical testimony. lit the l afternoon Mr Cavell made another application tot ball. 1 t)r. J. M. Ycmhfi house surgeon at the i ChristchUMh Hospital, Baid that the woman wad seribUKly ill, but Watf hot,' 66 fat a*he knew, In immediate danger 0i death. It. WAlild not prejudice bet chance of recovery if hfer tavidente wferts taken and if 'she were suhiected to cfoSB-exatwina lion, W it Wtfdd l)e better if that could bd avoided ih the meantime. _ CttW-fctaaiiMed by Chi?f-t)eleeti-<r6 Gibeoii, witfless desefbw! t*»e condition o* the wouifth to the Mneiot'-ote. when elf was admitted ahd chid that for a iiw ehe anpenrid to recover,, and then aho" 4 fire d»Vs Vtßo she took ft bad turn, nrr* hef dafitte the past few day? had b<wi ae hisrh as 104. The Msi»istrtt<v said the diffitulty 'the police were e®ttf'*< 4 Bt<'d wifh wBS that th* plfl wfts dftttSe?6u«W ill. b«t irt the oni»iin»i Of a thcfHc*! fW&eHtiWrr oh*' •#«.* not likp'* ft dSft. htit that, it Wild imperil her life if her evince m t*Wtt After hfixrhlg bv Mr f#v«U conri>min? the t#Vin» of th<» clenoaifibUß, ill" Mnpiptrate Said:—"l shell t*t»t erant boil until the i* rut* r>f BY-LAW BREACHES. For haViiag Uiivea UiOtOf vtrucics within tko umtu oi trmiL, jlukii a. xxjou, t±. it. iiUiUJIUei., Aud H. U, beails wort, each oonvicted uxcl nuua 5s and coeia. i«>r eyuiiug ha tiigus' wtvuuut iigiits, the following WUie uiu ootiviuied luui finet» Wttii coeta:^-Waiter (Jar.yie, it. i r arr, iirit JtiaxUe, tihatilee iLooke, A<ex Keitn, Altrea Lee, WiUiinl Aelin ALCiiaten, Wiiuam ileikie, Alien ixutltdge, ana ttegunud btoket 20s j OUiriee MciUtsy, cdnviuteci witnotit pehItofiAlA AUiea «ad jL'homsa a, v. Sleiaon, coats only; Fercy Kicliarda, sb; Jtunfet Edith: oonristed without penalty} K.enhfeth Koatney and Owen Ulakely. lfa Trith oat coats, defendtota having made » voluntary appearance. ' Cicgg wait bonvioted axA fintd Ids lot hating allowed ohttk tc wander* Far having left a fflotofcar at aight Without light, the following were serf. convicted and fined witn ooata)—'Wulkaa d Day ss, Edward Hammond. Sidney H. if<tnes, And M. Knight each llMk For having cyofcd on a footpath the following w*t» tech M&VieUd and fi&ed lOt iad co«tai—Patrick Daly, Frank Gunson. John B. Nanftsn, Q-i 3j> Nuuaofl t And Ernes; Merrick; Leonard Robinson, costs <mly. Fat boarding .a while it wm ii motion, John ( Low was Ofdered to paj . Jftkit C. Jlaus 6anvlcUd and finefl

lot «nd cotia for having failed to chain a cart-wheel. For leaving a motor-car unattended, Herbert Hancock V.na convicted and fined 10a and coefs. For driving a horse and gig at night without having the gig lighted, James McLaughlin was convicted sttd fined 90s and costs. On a similar charge Ben O'Connell was also convicted and fined 20s and costs. LEESTON. (Before Mr H. Y. Widdowson, S.M.) The Truant Olficer took action egainst 3U5 Elizabeth Coliins, of Leeston, on two charges of failing to eend her two children to schocl. The Inspector stated that the children -were quite out of parental or other control. Tho schoolmaster could do nothing with them. The Inspector's statement was supported hv the police. Defend ant, in evidence, stated that she wanted to have the boys sent to the St. Saviours' Orphanage at Tiififtru. After what ehe had heard of the Christchureh Receiving Home she did not want them to go to that institution. The Rev. .W. Uphill, Anglican vicar of Leeston, stated that he was in communication Willi the St. Saviour's Orphanage authorities with a view to having the boys admitted. Mr W'ddowson adjourned the case pending the npuH cf negotiations with the orphanage authorises. If.nothihg eventuated in that quarter he would have to ask the police to look into the case. On a charge of keeping bees in bos hives* John Brady, who was proceeded against bv <3io Inspector of Apiaries, was fined 00s and ccsfs. t) FintUny. J. Hisdeti. D. Gilmrur, and G. flere were charged with unlawfully making use of a motor-cat. the fSrope'ty of fieorge Yentrrtan, picture-show proprietor. Yeatman, moW mechanic. stated thnt {lie car wo* left onnosite the Tnwr> Hnll in SriiMihridge at Sb-iUt 11 ti.m. A'oouf Hh liour Inter he -jHrri" b.ick and fou*d fhnt the cat- had been =l<ifte<3 about a hundred yards tlcrt-n the rotUl. Afte- li»ariii? ev!d»iir«. at sotne length, the {h* case. .lii.V'-npiit too »ivsn for lVtinfiffg ; n fhe frilhiwincr lindpf'sf-ded rnsea • —MVo-nft. W<Hson. ard Co.i Ltd; v. E. Fe'i, '3 lSs fld and <-o*f.g; same v. C. Docookin, £1 i9a 9d Rnd COBts.

ASHBURTOX. (Before Mr E. D. MbflleV, S.M.) Judgment for plaintiff by d?fiittit was G. Hefford and Co. v. C. J. Grieve dlaiin £6 Ss, costs £l 103 Pd; P. BustOn v, F. R. Bennison olaim £3 15s, costs £1 68 Pd; National Mortgage and Ag-incy Co., Ltd. if. John Scott claim f£)o IS 2d, costs Is. SLY GKOfl CASE. Ftank Bull appeated on it charge of keeping liquor ior sale in A no-license area.' Mr G. Hi Buchanan appeared tot defendant who p'caded flat guilty. iio entered a formal objection agaihst the recording of a previous conviction, The Magistrate said tho previous offenoe must be proved by the prosecution or admitted bv tho defence. The Information waft then afUßnded,

John lluiit Wtts charged with aiding and abetting Bltll. He vraa tl'sto rcpfesen'.ed by Mr BUchfinto and pleaded net guilty. The two cases were taken together. Senior-Sergeant jacket® said {llat on July 19th the police eSiottted a search warrant oil Bull's jjtfemiß6Bi Ou the atrtval of Blilli the police nitidis enquiries and Were informed that defendant H tint, had a gallon of beer. Bu 1 l ran away and ca'led out: "You —— White, you won't catch mo." He W6s catlght Up the Btreet and brought back with a Quantity of whisky on llirri. Constable ExeSll Said lift executed the search warrant. Bull owned two houses, one a new one, and the other old and unfurnished. 110 ittriVefl at thft premises shortly after 6 p.m., but found that Bull wa4 net St. hotne. WitrleSa aild Gonsttib'e White concealed themsgivesl iii the Old house. Bull, in company with Hunt, arrived at the premises oii bicycles. Hunt Wad carrying & gallon jar if betir ill ft Sack. On being disturbed by Bull's dog, the police 1 -ft their hiding place. Witness informed Bull he liftd a warrant to eearoh, and enquired if Brill Baa 4ny HqUof. Bull replied! "Hunt's get a gallon of beer,,that's all." Bull was then asked tip to th? old house. Witness looked after Hunt and White 'ooked after Bull. Cottßtable White Said to fiullj "Wisra ftte you gain*? Come back." Bull wufl wheeling hlft bicycle away towards the gate. He then bolted with Constable «W!ilte iH lull ch 'Bo. Witness went up to tlie oM houflfi Willi Hililfc atid searched the sack, in Which there was _» gallon of bfcer. Asked if that Waß all the liquet he had. tluftt said: "t 'a. 1 ; Witness then askfcd Hunt what lid hud lti his two* ket. Hunt replied, "Shat'n all right. Hunt then produced two bott'es of whisky whion Be had ocnceiiled la his dMli's. Asked " Ij-ifti the liquor belonged to. Hutlt Sftid, Th# whisky belongs tt> Bull', tile Mer U ffliSft." Asked As to where the 'iquor had been pttrchased, .the defendant would Hot reply. White then arrivetj hack With Ball who had attempted to break away t? dispose of bottles of whie%. Bull then produced four bottles of whisky ftotn Ilk person. Hunt admitted that besides the beef, one bottlo of whisky was his. ' Witness then Asked Bull nft to "whore lie got the liqilo# but Bull rep'ied, "I am fiiylfif nothili?." He would five no explahatieti es tfi why he had tolted. Tli- h6tise was then seatohed by Constable White, find althftigll Bull was re"u«ited to remain in the room during the search, lie Walked away. Bull r turned & little later with a bunch of keys offerin; theM for a Searfch of the stable and sheds but. witness did not therii. No liquor Was found in the did house. Questioned by fioiihsel for the defence, wltnesd said he had verified the fact tli&i Hunt Owned the beer, and a bottV of whisky and Su.ll o#tied five battles of •fchisiy.. Asfced if Biltl bought two battles a fortnight would he be csfs'd red to be selling liqu&r, the witness said it would be determined by eifcußfita»ceß. It would ba quite an otdiMfy thing fdt Bull to consume 6 bottle & Week, Constable White grave eotrobdritlve evidence.

Mr Blichalmii fi&id that fiifiee tfebi-USry 29th, Still hfd bfeen bf'hfHtlg into til district two battles e! whisky a . fortft'elit Which avaraged a bottle a we-k. Constable Excell had ddftilitefl that Bull Cflnlr) e!t»Ustitue a - bottle a WseJt, Ste considered that it Was reasonable tn assutoa Bull censm-d a bfttle & Week, l'h.6 bftual course wits for Bull to go out ill his gitf, but his llofSe Went laiHe fend ha fcsdlred t6 go out and bring iii il largfef Sliflply t'i SSffe h'B going l nut bo cltsft. Bull had infarfttsd counsel that it Was llis ifttetitiou to turn over a new leaf. fie was goln<» out of the town 4(8 860 ft &s it Wftg Convenient. -He h°d an atteaipt t<> purchase the Rfttherfleld stables, but without suet-SS. Eiimiirirs had Also befeii made for stables la Timaru. It bad teen SSblaitied Whv he bought five battles. Sis reasnh for miming- aw&y was tbat he Wad afraid of keiflg eati£ht With nay ls<jUof en him. The mere fact of having five bottles when caught by the pcHoe triad® Bull afraid of a p6'i66 orbs whether Sis intention was hoflCat or mot. Betrordtajj the fcat?ftieht ill the Warrant that Ball hid previously been convicted. counsel mainla ined that the case should be judged as If Bull hid never been convicted Wore. Bull, in the box, laid fiu was home on the" afternoon of July 12th. Stunt pasted his house, and the two fnadei arrangements ♦o cycle out together. Thev went out to Chertsey, dud Bull purchased fits tyrttlea whisky atid Hunt purchased ft gallon of beer and a bottle of whisky. They left on the Teturn journej at about half-past fiva. They had atteftipted to open the jar of beer on the road, but broke the cork and had to give up the attempt. Se Explained his tfeasefis lor ths lines ci counsel's address. Witness had never So'd a bottle of whisky since February 29th. John Hunt cotfdboratea the previous witness's statements regarding the carriage of whisky. Tljb MagiStiata submitted that the onus was on Bull to prove that he was Hot keejiing the liquet fcr sale. Bulk's whole attitude and the misstatements rbada by both defendants to the Court were not exactly straightforward. He was of the opinion that the liquor wa« apparently obtained for illegal purposes. The liquor trouble was a menace to the Whole district. Se Would eonviet both defendants. Bull would be fined £3O and Hunt £2. The liquor was orderod to be confiscated. IUSSEBVED JUDGMENT. Th« Magistrate gave his reserved judgment in the oaSS ui which the Afihbufton Deputy-Official Assignee (My J. B. Christian) in the bankrupt estate of A. M. Bremner, Methven, proceeded against Bobert W. Wightflian, Methvefa, aad lioitua Hardie, Chnstenurch, tor £94 10s. Mi A. K. North appeared for plaintiff, and Mr G. H. Buchanan represented the defendants' eolioitors, Messrs W. J > Sim and F. D. Sargent. Mr Moßlay said he found the following facta proved:—(l) That the defendant, Hardie, persuaded the defendant Wightman to agree to the erection of the bulk store, (•J) that the defendants, Ilttrdia and Wightmitt, both g&Ye instructions to Bremner with reference to the building; (3) thai, th& defendant Wightman agreed to pay for the creation of the building; (4) that the contractor, Breinfier, oonsU-tod. Wightman on several 1 occasions during the course of the erection of the building, about aatne; (5) that Sremner looked to Wightman to pay for the Wilding. Although much of th 4

eiven at the hearing was unsatiahe (Mr Mosley, had been able to i, hjmsetf that the foregoing facts ®era borne out by the evidence, and were' I" reliable. He wae of opimcn that fflt ? s y with the building was i„ +i,o+ of Wightman's agent. JudgS y woS therefore be foAbe p .inti* fJginst Wightman for the amount claimed a °?£ ' fs 6 plaintiff would bj non-suited r o defendant HarSie. who would ;rS.S cS.. a*** w«i.i»u. costs were allowed as fo.lowa. c£t costs £3 73, Deputy Official Assignee 133, witnesses' expenses £i l</s.

| IN OTHER PLACES* i ~ J OPIUM BMUGGLINQ. (raisa ktaacUTios nntun* ) WELLINGTON, July 26, At the Magistrate's Court, Albert Qwtg* T«ir, a seaman, who wa* a paesenger oft the Uliniavoa, waa fined £IOO or three months' imprisonment lor importing nine half-pcrttad tins of opium in « form suitable for smoking-