THE COURTS.

Press, Volume LX, Issue 18138, 30 July 1924, Page 6

THE COURTS.

MAGISTERIAL. TUESDAY. vßc.'ore 2ar Tfyrero. Wilson, S.H.j DKU>."KH>*>rESS. A iirj: offender was convicted and nncd COs, in default -iS hours' imprisonment. Alexander Them peon, CO ycira of age, appeared on itmaod. for sentence en & chargo of having been- found drunk in Montreal etreet on Sunday night. Accused was convicted ard committed to Boto Koa, Island Inebriates 1 Homo for twelve months. MAINTENANCE. Leonard Mark Newman (Mr A. C. Braaeington) applied lor a variation o: a maintenance order nude against him in reffpcct oi his wife, Rosina Eiit-ibctb Newman. Alter hearing the ?Yf3er.ce lh« Majpstrate Eaid that he was 3»tiss«d that the man •was making no effort to comply with the order, but nevertheless ho v,ou;d vary -' oy suspending all payments for one- month from yesterday to enable Newman to obtain employment. Olive Jane Wishart (ilr V. F. Tracy) applied for a maintenance order to be made against her father-in-law, Robert "Wisbavt (Mr 3. It. Cuningham' l in respect htr children. It w;ts stated that the husband ot complainant had failed to maintain the children for some time, and that he co-aid cot be found, although he was suspected to be somewhere near AVangpinui. The chiWren were desiitutc. therefore the complainant 'va; forced to appk- for a maintenance order to be made the defendant on their behalf. was ordered to pay 10s per "veek towards the children's upkeep, the Srst uavinent to he made on Aufrnst sth. Emily" "Whittaier (Mr W. F. Tracv) proceeded against her husband. Albert Edwajd Whittaker (Mr R. H. Cuthbcrt) tor ?eparaj tion ar.d maintenance otxiers, on the -rounds' I of wilful f*ii-urc to iminfain ur.<3 Detiistcnt | cruelty. Alter hearing tho evidence t'fv; ! Magistrate said' <hat, he did not think the | defendant had been pni-ty of the etiargM j laid arainst him by bis •■wits,, and accordingly dismissed tho case.

IN OTHER PLACES. MANSLAUGHTER CHARGE FAILS. (rust ASSOCIATION T*UeOSA*.l AUCKLAND. July 23. The Grand Jury found no bill in a charge of manslaughter against William George Keir, arising from the death of £. maji named Neiry, who, defendant. 3aid, had tried to enter his houfo whito drunk. Keir pushed him out and Neary fell and bis head struck the kcrbing, resulting in hi 3 death. i REMARKABLE DOCUMENT. (rBE33 ASBOCIATIOS TILHUIv AUCKLAND, July 29. A. remarkable documeu!, .was produced at the Police Court ir. an application lor a separation and maintenance order by Olive May Badham against Cliaries ■'Wain Bad■ham. ' - . Defendant admitted' his sigbaturo to t/ic document bearing the lu'me of ' and another woman living at the same addroea, "That the contracting paxtios hereby agree to become majrried by ail lawful rites within three months of Charles Wain Badham obtaining a, divorce from Olive May Badham, each of the parties promising: to I>3 true to and to Jove the other. That in the event of their proceeding to Australia,' Badham bo insured for £500." ' * Defendant, however,- denied .ho was living with another woman. The Magistrate granted . the .. separation order, and orderedßadham to. continue paying £3 a' ivecV "Toi: tHe' wife and four .children. .r

A SERIOUS" CHARGE. (rB«S3 ASSOCIATION-TISLZGIJUI.) NAPIER', July .09.' Edward George Melvillo w-is committed for trial on a charge of assisting hi® bohto escape, knowing tho latter to bo. guilly:. of the crime of incest. It was stated, during the:.hearing" that ono daughter of the accuEed gave' birth io ono illegitimate, and another daughter to three' children. .Tho police contended that, .the eon was responsible for the birth 3, and was assisted to flee from the country -He is believed to be in Australia. SAWMILLING CASE. (ruESS AsaortATioj; ■ rzixozut.) ■ - WELLINGTON, - July -29. Th« Full Codrt 13-day allowed the appeal in the casa the King versus i&lfroy, hciltd, on July 21th, holding that' tho- warden had no power to amend a sawmill license, after ■' it. hid -been completed and issued,. by altering tho- rate of' tHo" royalty payable under such license; J:\ The determination r ci . the point *in tkijj . case, it •is said, indirectly involves a, sum; of over £IOO,OOO. [A matter which was said to be of great importance to West Coast sawuiillers was raised at the Supreme Court, Wellington, before Mr Jaaticc Sim, when Mr Murdoch, • of Hokitika, applied en behalf of ,&lalfroy and Co., Ltd., to have a case in which: the Ciown. appealed against the ■warden's; amendment<si gjfcnt j argued before ..the 'of. Appeal. Donnelly-' appearedthe fjrown. It waa' stated that*' Malfroy and" Co. obtained" a license for sawmillinjJJ l which" entitled it. 1 to cut timber- on epetam. lands at n royalty of Gd per 100 superficial feet. It also, had certain lands reserved, for future, editing j operations,- : these .being held under c'erti- j /icates of reservation of timber aj-ea. After J the grant of the reservations the minimum royalty payable was increased to 9d on white pine and: Is on red. The terms on which the reservations, were held wore that •upon the'lands'in' (he license "for eawmillirig being cut oat, Malfrcy ajid Co. could obtain the lands specified in the certificate: of reservation. The . respondent : rc>plied ior tho license affecting those " lands in thecertificates cf reservation; but the new license embodies the new , schedule of royalty.]

A FULL COURT JUDGMENT. . , (VRESS ASSOCIATIoy TZLXOKAK.) WELLINGTON 1 , . July 29. The judgment of the Full Court in tho case of Batter versus Barker -is to the; Effect that the refusal bf s -wife -tb cohabit do& hot. constitute wifful "esertion.