THE COURTS.

Press, Volume LXI, Issue 18347, 2 April 1925, Page 7

THE COURTS.

SUPREME COURT.

wikuixg-fp order asked for. His Honour Mr Justice Adams presided at yesterday's sitting of the Supreme Coxirt. The only case, which, however, lasted tho greater part of the day, was a petition by G. 31. Juliu3, one of the directors (Mr J. H. Upturn) for the winding-up of the firm of Bralrners, Ltd. The two other directors, Hector Rawlings and P. X. Quartermain, opposed the petition. They "were represented by Mr M. J. Gresson and' with him Mr R._A. Cuthbert. ror the petitioner Mr TJphftm stated that Julius owned within four of half the total shares of the company. He had 1497 shares, while Quartermain and Rawlings held respectively 725 and 725. The original capital comprised 103S shares, of which Rawlings had 519 and petitioner 518, the rest being undecided. Capital had since twice been increased. When the founder of tho business died his shares were sold. Difficulties arose between Julius and Rawlings over the agency of an American motor visor. This had been suggested by Rawlings. but it was contended that Eawlings had later tried to kill it. A deadlock had arisen, and the other directors seemed to be allied against Julius.

His Honour said that if the partners could not agree then it would have been advisable that his shares be purchased by the other parties. Mr Gresson outlined the history of the firm, starting that in 1919 Rawlings had been in the firm's employ for ten years. A company was formed, and • Rawlings got 519 of the 1038 shares. When Brabner died the only person who could buy his shares under the articles of association was Rawlings, who had the pre-emptive right, so that when Mrs Brabner, as a sleeping partner of the firm, expressed her wish to dispose cf the 173 shares held by her as sleeping partner, Rawlings bought them, and became virtually sole proprietor. Later he suggested to Julius that they acquire the agency of tho Clayeo visor, and work it together, the idea being that- Julius be associated with Rawlings as a private individual. It was a loose arrangement, and trouble had arisen as to what Julius should receive - for the sale of the visors. As a commercial •traveller Julius sold a- number of lines, and the visor was but a side-line. Julius bought 513 shares in April, 1924, but the controlling share was specifically allotted to Quartermain. The visor agency had been cancelled, and the other parties were quite willing to make up the accounts and share out. The firm could then resume on the basis upon which is had been conducted for yeais. Mr Upham claimed that the company should be wound up on the grounds that there was undoubtedly a quarrel, and that Rfwlings had allowed his feelings to damage the company and sacrifice liis own interest, as in tho case of the visor agency. After further argument had been heard his Honour dismissed the petition, stating that lie was not satisfied that a complete deadlock existed. "I would advise both parties to bury the hatchet and come to an understanding," remarked his Honour, stating that he was speaking ex-judicially. Costs £lO 10s wore allowed against the. petitioner.

MAGISTERIAL. WEDNESDAY. (Before Messrs P. L. Davies and IV Jbl. Christian, J.P.'s.) A STRANGER'S CRIMES. A stranger to New Zealand named Norman Bowdon (Mr <T. B. Batchelor), aged 18 years, who has been in the Dominion only three weeks, appeared on four charges of breaking, entering, and theft at Sumner. He' had stolen articles from the houses of Walter H. Brcwn, Nurse C. E'. Matide, Alfred' Marshall, and George H. Turner. After hearing the evidence, the accused pleaded guilty, and was committed to the Smreme Court for sentence. Bail was refused. CAUGHT KED-HANBED. Appealing on remand, Whitefoord Jukes Curtis, aged 17 years, the youth , who- was'' caught red-handed' in the' N.Z. Farmers' Co-op. building by Constable T. E. Mclnnea on March 25th, Briscoe and Co.'s on March 25th, was charged with having broken and entered the New Zealand Farmers' Co-op. on March 25th, Briscoe and Co's on March 19th, and Skelton, Frostick, ljtd.'s on Marctt 18tli, and stolen goods. The managers and warehousemen of the various establishments entered by Curtis gave evidence and identified the articles produced, and which were mentioned in the charges, as belonging to their respective firms. Geci-ge H. Harris, nightwatchman. employed by the N.Z. Farmers' Co-op. Association, gave evidence as to discovering the accused in the Farmers' Co-op. premises. The evidence of Constable Mclnnes was similar to the description of the affair published in "The l J ress" on March 26th.

After hearing tho evidence, the accused, through his counsel, Mr C. S. Thomas, pleaded guilty. He was committed to the Supreme Court for sentence. In asking for tail, Mr Thomas said the boy's parents were dead, but ho had 1 a number of aunts and uncles who would look after him; Bail was allowed. COMMITTED FOK SENTJSNCMS. Charged on three counts of having indecently assaulted little girls, George Caleb Price, aged 79 years (Mr H. H. Hanna), pleaded guilty and was committed' to the Supreme Court for sentence. (Before' Mr G. Cruickshank, S M.) DRUNKENNESS.. A statutory first offender, who had spent the night in the lock-up, was convicted and discharged. A first- offender who had been bailed out of the lock-up was convicted and fined 20s, the amount of the bail. REMANDED. "I want to go to Addington, Sir," said Mary Bryne, aged 60 years, when admitting' a charge of having broken tho terms of her release on probation, by leaving Mt. Magdala Home where Mr Wyvern Wilson, S.M., h-ad committed her recently. Accused was remanded to appear before Mr Wyvern Wilson. DRUNKEN DRIVER. Drunkenness while in charge of a horse and dray was the count preferred against George Nevell. Ha was convicted and fined £3 and costs. BROKEN ORDER. ■For having procured liquor during the currency of a prohibition order, Henry William Syms wa3 convicted and fined £3 and costs. On a further chargo . of having been found on licensed premises, he was ■ convicted and discharged. CONDUCTOR ABUSED. Accused of breaking a window 'in a tram tjailer, two your.g men, Albert V. Dixon and Harry Turnbull, made use of strong language to the conductor, and were, as a result, charged with using obscene language. Mr A. J. Malley, who appeared for them, entered a plea of not guilty. John Reginald Kissell, tram conductor, stated that while the car on which he was working was coming from Sumner to the Square at about 7.30 p.m. on March 7th, lie heard the sound of breaking glass in the trailer, anJ saw the two men, Dixon and Turnbull, leave the trailer at the next stop. He asked them for their names, and accused them of breaking the glass, whereupon . Dixon made use of the language that fc rrned the aubiect of the charge againSl him. Turnbull gave expression to language equally offensive. Corroborative evidence was given by James Brunton, motorman. Constable A. J. Rowo. of Phillipstown, stated tliat the men had admitted to him the damage to the window, but had denied using obscene language. The plea was altered to one of guilty. The Magistrate, in fining each accused £5 with costs, said that probably t-he_ beer they admitted having had had something to do wvth tlie language. FAILURE TO REGISTER BIRTH.

"The law provides that n conviction rnu3t bo .recorded before the registration can now ie made," said Sub-Inspector A. Cameron when V Catherine Lyle Sutherwood pleadea guiltv to a charge of having failed to register the birth of a child within 62 days. Defendant was convicted and discharged. BREACHES OF AWARD. The Akaroa- Express Co. was proceeded against by the Inspector of Awards for a -breach of tho Drivers' Award, in that there was a failure to record overtime in the wages book. The Inspector (Mr A.' E. Waite) stated that during an interview with W. H. Went, numager- of the firm, he found that overt in*" for which one man should- have been credited to the extent of JE3O had not been entered in the book. He also discovered ihat overtime had not been paid to other V"<irlers, nftd altogether f2L9 was due. A fin© of £lO -was inflicted. The Inspector also proceeded against • T. Bournn, licensee of tho Crown Hbtel, who was charged with a breach of the Hotel and Restaurant Employees' Award, in that he had made false entries; in the wag" 3 book. A pl-?a of not guilty was entered by Mr F. D. Sargent on behalf of Bourne. . Evidence was given that Bourne employed a porter named McDonald, and though ac "

cording to the -wages "book he -was spaying hjm a salary of £2 7a 6d, McDonald received in reality only JEI per week. "A'fraud on the community/' was the manner in which defendant's artifice was described ?by the Magistrate.. Defendant was fififad £3O, the Magistrate fixing -- security for appeal at a boni of £45.