LAW REPORTS.

Dominion, Volume 1, Issue 201, 19 May 1908, Page 4

LAW REPORTS.

supreme' COURT. , J , CRIMINAL SITTINGS. YESTERDAY'S PROCEEDINGS. , /£ho quarterly.: sittings of . the S'ipromje i Court, in -its jurisdiction- wore oj3cne.d; , yesterdnyi moving, His ifionour. Mr/ jiisticd; Chapman .taking,his. :seat-.at 11 o'clock. A ' ' ;'grakd; ; jurVL • ; The following Grand Jury 'was. ; om- . p^wSsoritf•■(foreman); . Georgs. Heriry. Edgalr Nicholls, ?Fred' Wm. Rowe.-'Xts. G. Siriith, Noil M'teah?''©;'. L Kellj, r M l : S:' Jtf'Arthur;'^s^'Hardy; 1 Henry Rix-Trott; Peter "Still, Chas. : Wm. - BrodiC) Geo:%Windor;tJasi 'M'P£irland; Emest ..-. Somerville, E. A. Blundell, Jas. L. Mackie,. •H. E. , Osborno, Leigh Hunt,' Chas.' A. RiehardSoii) Jiihn. ■ i-Jafirrj-MaJkrcl, j-AVm.-;.A-.- ■ Jones,'.and Robori"Vtft{jcV'/ '\ - **?*' HIS -HONOURJS r- . Addressing tho.,,Grand.. Jury,.,;,His r .Honour„ ■ said that tho number of case.r oii'tfe-ciilbii-dar. on thii ocdaSion seemed't/o'h'fin to. show some increase on tho .numbers presented at : recont • sittings" iif this-district:: --He did-iiofc- ■ i - know,. howo.ver, .that., tho.. list of twenty-one .-. eases, m a large and ■ grmiahgWdiSfcrifct such : ! as this, need be regarded as formidable, or . : as giving any cause fof nliieasiness. Lists, of : ; cases for trial'at.criminal! sittings.fluctuated in.-an -inoxplicahMway-^and*-.thppgh.itbft lijfe i ■:■■■■ . was?larger Jjopn, Econ hergjfp# the? ••-...-.last'few sittings, it was not to bb~regard£g; . as an .unduly .ilarge.,:qnß.:-,<;He ' was sorry, lo' ■ sav, howpver v that there was a'vi?ry 'consider- . i abloiiutnbbf'of cases .of aryei>y;;objeetiqnable- ; character ■.cfithest J

•A certain Amount of this class of crime must be expe'eted.- :The. : fact-remaihod,'that,.'despite tho vigilance of tho. police and .parents, there was an 'Kppfeciable number' of .''ejiVesi :6f .BHis class. Moit .df tho 'remainirig,,saseg.were _of the ordinary typo; .with' which' grand juries had to deal from "time -

'.Thore were, the ordinary.cases of theft of money, with or without: violence. In some • and,' •?.; first' to"which,,fie •li'puld drawattention pjre-; • sonted somo pccuhar[features.. A '■> ■ : was'i,a'/. dretlgem'as'ter "went* alvaytb "'emplovr .» monk in '1; the/;Dpmiiiion •, tiuTigd / absent, and ho traced .her to 'They apparently' ma.de 'up matters'; >. He brought ' articles ; to., the : IS S. ...which were, stated to be worth between £60 and £70. . Shortly afterwards his'wife;went away, and ' irai^in''>ifti6l^.vweref' v -f6iindi :• !: The ' man ■ weftt ■<■ now,,-accused of the -thoft. f V"It 'diti:"iiot -■"■xlcr- 1 ' yolye on tho jury to find whether the prisoner 1 had wfonged the prosecutor r by-his relations with his wife. , AVhat had,to be.determined was whothor a prima facie case of theft had . been ntade ■ ' Theft there 'Vni'cli articlss .'■ were stolen from* a hotel'at Mnstertoli.»' The . prisoner, who had been" i staying there at • the time's was: some of;...tho":.missing .articles, 1 and/ ; • statement^,respecting them..', In another" cask- •tho^procdeairi&"-'.%eJ6; ! ltif ;! ;tt:' sqme- - what bold character: Y: . Two'men removed a ■ trunk belonging to .a. lajly ~into; the yard of the New Zealander' : Hotel 'and were found ■ opening-it. .Upon pursuit .being given', tho allegedoffenders .were the, street. .The.next.case!;waS' r ,orie L ;in>. ! whicli£-a' man alleged that he was robbed of jewellery ■ whilst underAthe::infltencef;^f-'.drinkiby., l two ; strangers with whom he had "been .drinking, : One of the accused: had not been arrested. • There were threo cases of . a "somewhat simdar character, m. which the prisoners had, ■ it ni alleged, passetj off.,valueless cheques with tho object :&f. ohtairnng-'feiilier l money or goods. In ono of them several small cheques .were passed. He did not know how it was, . bnt-io-had noticed-ihat .in .this. prolinji§jtho_ . . offence of swindling" publicans and trades-' . people:waa.-becomnig[:quite turoiof • tho>criminal;.«jlendcr/ .rAs.-lqijg its-* tho cheque was for a' small amount ap-. peared to bo. no .difficulty: in getting cash V ; for-ft?.'HV'vV-'fW-' (tit**. jnJ ■ On'the'lisl W6re'sdm'o. i 'brerfkiiig.\an(li: entering. In * ono case. ]6well6r£'': have J>ccn; stolen waSfoxifid .in •. of 'the.'accused;' Wh'ei?;ariSan: v wasfoilftd^iK

v possession' '^6f.' pj-tipe'rtjr, t'tlie ',rpftce&'d'i' ! pf H' recent s -robber it-' wtts' oirft ;n^hl : 'tllafr'']i6v should bo called upon to account for it. Ono case under ithat 'head presented : somewhat - peculiar characteristics.'.>;A -lady>'im business in Dannevirke was shifting to other premises. •' 'At the time/part of her goods had,not been removed. ; A night-watchman noticed a light. ; in the' promises. ■ .which being vccatod, : and-feter: ar constable.;fpfln4 why; was in-'tEeoSanio in tho There was apparently no reason why prisoner should go into the b'uild{ing at 1 o'clock in the morning. Then, again; ■ there'was a caseiin .which a .jeweller's shop at Masterton Was broken into. --Prisoner was arrested »t Napier with some of. tho articles • in his.possession. ■ .* „ An imlisual case was that in which a woman .was-charged' with having stolen: a distress warrant-.from.iy bailiff, who: wcnt to Jiei place .. to se'o lT'-tlierd ; might be distraine.d-.f0r,.,a- debt: Tho. mere taking of the wa^rarifcwolilJ;not /amount to • larceny; fraudulent' design was an essential . element. If prisoner, took the-document.-wjth the • intention' of;. psrriiaiienily depriving" the : bailiff of ; i€—that the act-was in pursuance of v.- a fraudulent .designT— . that it was' only a picck of papor.', " There were several'ca'ses wliicli he regarded •»s cases of,;-the viz., chafgds of assault , It'ivas not -:neceSsafy, for. him to : remind the jury that an ; offence, had- been committed/ even 'although no.,actual : harin, lia'd , bpen?dofle.- •' A • ; Owing td.tho temporal^'abs^fe lington of Dctective Cassells,' 'of tli(^ . -nesses, it. might.,bo ■ necessary-to, postpone 3 final consideration of three of the' cases until next day./.when jpe'stjfntswoiild be arailabld.' However/ii thai' tfio jury would..not find,his evidpnee,essential in the preliminary, investigat'ioii oKtho charges. : Ono: of theso. cases related to a robbory, hut it was not necessary for, him to refer to the case _a t .length., Then. thero - was a caso - tho. details of which he would prefer not to.-men-tion. Tho evidence in : suppptt.-,wi)s chiefly ; that of-eye-witnesses. statement..,to'the. detecti'^Ki: ; btrt-:tli'w|s- i ®d not -. -:inuch; other money, frtimia'drunken,:d quontly the bodyi of . ( 'the.'.iiiaiL'- 'vv-aG r ':foniitl -in. , tho harbour,- ip fallon ; , sonerhad -stated'to^bo'de^ "•'''ln c6ncl-usibh,-iliß'.Hbn'o{ir .referred to the ■ chargo ;agaiiist Elliott. . He ,aaid the facts .were' comparatively simple. . Prisoner,, it,.was alleged, had.obtainedvmpifoyr ,\by ineans -of' ■, falsaptetenccsss? •Ibwroal® ■ scarajly; bo ,p6nc6aled this /niattei Jlfadj •' been;; talked aboiit a. latelyfr, vThe'-' matter should not concern tho jury. What it . had to do. was simply tp-fijid whether,,there .was sufficient evidence v to prove that prisoner had committed a ■ fraUdiilent' act' 'whereby ;tho prosecutor.was d'epriyed",of, nl-oiioy". ;.i

TRUE BILLS True Bills were found' in rfcsnect of tho following chargcs — 1 Roderick M'lCcnzie, criminal,.. assaultr.(two 'Charges).-".-.' . t.• v..-, i...... Georgo Allen, forgery and. ntterjng. Herbert-E. 11. Bird, theft; John '-'.i l -' '""" Hum, abas-\\iremli,->Rapata>.4bcttiij>:/. Wallace Herbert Ste\yart,,.Jorgory a ~r , , Fredenck Janson .and James Diggs, •as-' sault and-robbcryV' " " ' ." David Rowo, breaking; l cflterihg; -and theft. Tlios. Georgo,- alias M'Guiro, theft. William Cameron, K alms/HarpiVftra, breakinn:, .entering and theft,' 1 lioinas Prisk and Charlotte- Prisk, breaking rnd onterint;. ■ Annio Barrio, tlmft of a Court'record. Robert Brown; tlmft. ' 3-..,,-. ,Brogmrfg, :alias,'iMorrison,- fass^ult and robbfirvV ' John Sidney fline6i v theft, " - Porcival J. 'Hughes," forgery anil uttering. Tlios.,-Kane, alias. Jnjs. Ilaycs, iiliaS -lKee•ffiaiij assaiilt and, robbery..[

! Frank Halligan (1), assault with intent, (2), attcmpted;r~<mniipal 7 .offonco. - ■ ■'-■- - , [ Albert CkireVico ; t^df t of money. ; ' \ * ' No'BffiliS.

! • ■' : "■, ■y- .., No bill waV found in respect of tho following charge j Arthur Rad'diojCrsrffiwfi. criminal o(fence/ ;; Roß]|Eß:f %l¥k violence: - ' David BrffgrndS'/Biilia^'David'Morrison,'' a •young man,?; was ,-charged with, haying, at Wellington, fon .ip'ril'v, 1008,' stolon, from . ,-Roland John' 1 watch and cliain,; sovereign greenstone locket, and a. ' pair of sleeve-Units, und ulso with, having ijsed personaLviole.aco to tlie prosecutor. : r-1 Mr. Neavo h'ppe£ired on behalf of tho pri- . 5 who pftaded hot guilty. ' Tho following jury was empanelled: Robert Wilb«rforce (foremen), Fred W. Petlierick, ' Willoughby Ijnight, H. - E.f-.Long, 11. ; Gi. ?.Hill, Henry Donkin, Thos. August, Antony 1 ftoi-ci, -Win. A. Peanmen, A. S: 'Norliiig;-' Wcbleyj and A. S. Chapman. i j The Crown Prosecutor brietly outlined tho. tacts relied' on iiKSiyfoort of the charge. ] liohwid John jSt>ilt!w, engineer, I'aeka- . kariki, t-lie datp in question-, 1 lie was .which 'were' after-' wards stolen frofil (Prosecutor' first)' met prisoner and a :, ;l«)ifrpanioti in a hotel be-> tween noon an'd'3 'p.iiKf lAt that time, prosecutor was undei/ihsNiifluoiice of; liquor. Afterwards they r/ert mit to Nevrtow'n, where "tlioy had additional drinks. Prisoner and his .(jornpanion took him to a quiet place. Olio held-hTnrTfhilst- tho other struck him on tho |iw, rendem^ r him ataiseless..' When he came |o, his cleared out, and his j'ewellory Was missing. i CrossKjxammed, .prosecutor ; stated that ho. (did not t&irtk- he- w'dnlct be able td iilentify tno JtfßKl.T7lie, hiftU no|J')ieeri arrostbd'. ! .1 Bink^E.-'-iGhufSh,' ! «-aiu conductor,•• stated I bis; companion trying to induß'b prosec'inof- to go with them to< ..Nowtoivn_ Park. Subsequently they perjsiiaded him to go with "tksem along a street. When ho next saw ho was alone, aiiul his veat was opon'M.' ' ; Charles Portor, labourer, gave ovidenco that i l ? 6 <TOi a*hotel subsequent to ;tli'brobbery. Prlsaner produced ono of tho articles. ; When witness stated that it belpngcd„.tfl..Jjim..tirjs.oncE...declarcd that it had Ifcen given to him by his mother. , Prisoner, tjhen offered to go to tho police station. On tdie liiiet 'a constable, r t|> whom witnoss in cliargb. "-. ,|j; : Constable inter : alia, ! ''that,. subsequent' to Jthe hoariiig • of, tho charge ill tho Magistrate's Court, prisoner ift'bld him that he ought to have, pleaded guilty $8 he. always ."fell in," and asked him-if, .ift thcp^Wrri® l 3 ; sufficient mon6y Was fouhtl-on him.to pay a fine arid'have tho 'mattewifcWSrcd uf»£>oK V " ' ThogiCLfoyd, labourer, also ga.ro evidence. • This.ijlqßCd tho case for the prosecution.: 'iiPriscgei;; sworn, 2; st-Eit.ed -that' hb'--was -a cfook bj; offeypatioii;" hnt lately ' had heen freezing works at Potono. Ho ; |ifTirmedt)iat the nt'ticlcs .were lialKkd to him in .ai in tlje hotel yard j took- place witli l pSncrship. At - tjie time prisoner was nuiadled with drink.. Prisoner admitted that ho had told an untruth," whori lio stated that ono of tho articles had been rfiven to him by Jt was ho win? Had suggested shmild' go"' down- to the police station. -. !■ CJpjujseLbriefly addressed the jury, and His Hoiiour summed up. - which. retired at . 3.25, returned, at 3.55 with a verdict of "Guilty." Prisoner -had nothing to say why sentonco should n-ot bo passed upon him- Tho Crown Prosecutor informed tho,Court that prisoner, a'rriyed in tho Dominion in April of last.' jiear. -In (jf ■•'. ;!' His make- allowanco' for tho had been :plaoed. ijrider . to . prosccutor - oxposing Vali^Fib;' prop.ertyiwh'jlst; iil -a' druiikori. qonditi-on.-iSHS'-•.w;outfV,bo. scn'teiicedVitq;,lß-, months': . 1 PRETENCES. .'.ji • alias Wiiliamsj a : hiiddle-agejfj|nan, 'was • charged trith, on 18, .Itssetone. liaviiig forged, a cliequo ii - the naiSfeS," G. forT '£10, ; -':a'nd:' :.By- means :sH&lse ..pretences: having 'obtained qlothing a(iS&2 in taone}V.,tho,.prpperty...of . ildward M . i Prisoner tetoho was represented, by Mr, iWeare, ple,a^.|d-guilty. _ ' .. Counsel tljat prisoner's people, .who *$sided at would tako him in hand ;isport the iMfpletdon of the soni'eiico., to be' ; i'iinposod. SAtwr his release froiri.gaol some months', had ,gonb to work in -the Masterton it being, hisobject■:to' Retrieve . his#chara<!tor. Ilowover, a•; man '.ijfho had aisßMserved a term of imprisonment li'ady taunte'!mtov. : in_ jfront of others.- with having ..;' He.' 'then, because , Unhappy,' 'and drifted 'back to thffi'efWMWßrSjhe •went' oh : a' dtiiik-,, ing bout, prisoner suffered-. from an aJttaqK,'foyer, ••!tiid''6nb''!i)f . tho. aftor-j||(S^s that: whoii liboverindulged jcot/jmitted' the-inbst: • i-Vlist' :of 1 conviEtloffSTigalnst tlie prisoner. ' * J His Honour said that tho prisoner had been convicted on sovol-al occasions during tlho; short period which ho had been in tlio I>ominioa.„J^o ; _doubt .hi 3 acts wore capable <jf being explained by tho fact that lie was jiot mentally rob.ust._ r _. Ovel'-indulgence in ljqitor in his acts of dishotiesty; It was tho duty f (Court to'protecythe (|pmmunity sort. of. thing. *Pri-'-Soner : sywj'jjsg|ijient . cunning to design and OMrymue soraous crimes' Tho senfence of tho Court would be twelve months' ipiprisonment, with' lirird labour. '

:j -VT' WWR / ; ' i THEFr,. AND-FALSE ' PRETENCES. . ! George Alioii;«li' ! -^ffi^ 1 ' ifian, .was'charged with, on .haying at Mas-. ■ stojin T 'b'lm6 l ' s Choqiio from tlio property of 'inomitfhtGlanoott,. having forged a dhequo £5 ( Ify-Pm the name " Tlios. t>oaiiine,'' ?&nd|'JiiiVfAg' 'ifbtaitied by false pretences filsos.' tho moneys of Alex. Hendry, [ .Prisonei^Jpleaded; guilty to the cliargca. ! Mr. Herman, on prisoner's behalf, stated (hat he litKV'beMiMnslriicted to appear on ' Mhalf of !yva fewivoECliis - friends to crave leniency. Slf :>itiec,e?sai;S». ,W could call witnesses to. pl<;'tp'tlio date in ques- . t.ion prispribr^lM^'lij)Mean eKCellent character. Dnhk''anu-,gambiing were responsible for the <®SM«iiore of 'the money whic])L...ljflcl—ieen_.unla.wfully : obtained - had t)cen^tn)^ed,,/\3 q alsoJiad the goods which • ho"'He asked that. the pri- ' soner . granted probation. '.. f Tho'"Crbwi~ Frosecutor stated that , the jiolico rojpnr.tEWSLJOfavourable 'one;'. The BiquejadJaA l . roturned,' but' was in lianflS'C-Ofy-ttie- police., ■ [ His Hpnoui;. T sajd,.ho thought' it was -very of'tho Pro--batiOn s "™t' s&6'illcT'''br ? gt'ahted "in cafes of the kind. Ho would. not say that'in- cases of forgery ■he would not grant probation, but he must oxqrcjsq_discre£ion in tlio matter. Pris"oh6i* ! W'n < i : > "Ordered to como up for sentence when called upon. ' ' ;BREAKING, E?g®l|lka,:-AND THEFT. ' David Rowo, man, was charged I'-vj-ith having, at^WejHlgtbrt,''!)n March 22, . 1908, broken tho residence of I'anny Matilda having stolen a liumb'er of articlijsirifjjewellcry. |-Prisoner pleadedj-'guUty, but did not urgo anything in mitip-tigii'yof sentence. i The Crown stated that prisoner had convicted of breaking and entering,.'being illegally ■on prcriiises, breach of the peace, assault, breach And drunkenness.'. ' A portion of tho stolen property had, he said, ' BficKMMW!r^i2l>lfVil?ri sonor wou 'd give. up information as to tlio whereabouts of the b'alOTce?' r - , ; ". V', . V r ' UW :i^oni tf |iiiW4) l ijt€ 'lost of .the offeiices of.''ffhiSU .been - convictcd, were were offences in-Vitlo-had, - on one occa--sioK irecoived-at scntencc of -12, months • for ' to'tho prosent one.' 1 One" mai®'r tMt. (hg-Wfiiilrl'" have - to take', into, -P 'fact, that^'prisoner..had' recover _ the:.pror. appeared to be/drifting tocriirtinal. • He sentence-iiriitn sto three years' impris/irrtnent: labour. '

PRISONERS;) SENTENCED. . Mr. Justice Chapman yesterday sentenced •a' number of prisoners.FORGERY OF A MONEY-ORDER. : Ernest Wohrstcdt, who'had pleaded guilty m tho Magistrate's Court ,to a .'charge of forging a money-order telegram, was the first..prisoner.. set forward. The Crown Prosecutor mentioned that prisoner had only a few days previously been sentenced to two years' imprisonment on a similar charge.' ' His Honour said that Mr. Justico Cooper, who sentenced him oh that occasion,, must have had in his mind the fact that another charge was ponding. Prisoner would bo sentenced to two years' imprisonment), tho sontencc to bo concurrent with tho previous one. -

-FALSE PRETENCES. Samuel KniVht, alias Cameron, alias •Forbes, a middle-aged man, pleaded guilty at Napier and Gisborno to charges of forgery and falso pretenceSj was then in-the. dock.. ; Mr. Wilford, who appqa.red on prisoner's behalf, stated that' the ' offences wero all •pommittcd ■ -within ■ a- . p.oipparatively brief period. The fact that prisoner had two aliases was to bo explained by tho fact that lie' had changed'his namo and plrteo of residence when no. thought the polico were on his track. At tho time the offences wero committed, four yoars ago, prisoner was overindulging'in liquor. No other offences wore known'against tliQ prisoner. . . f , , His Honour said tho cheques wero signed ih thrbo diffo'rent names. : The; act was not merely' an impnlsivo one.' :Ho/was afraid .it tto.uld bo difficult in , futuro to extend-.'tho provisions of thd' "Probation Act jn*cases"of forgery, but ho hot'say it would-,not bo dono. Prisoner would be sentenced to throe months' imprisonment: on each charge, the sentences to bo .concurrent. ' SENTENCE OF TWO YEARS. ' ■■•'Percy- Faulkner, a'-lad;^who ! had, hi'-"flic 'Magistrate's Court, admitted .having criminally assaulted a little girl, was next presented..

Tho ■ Crown Prosecutor . stated that lately tho prisfincr had'bo'on'Qlritilpyed as a jockey, but lie was not licensed;- -'Nothing was known against him excepting the present ofFonce. The father, of prisoner spoke on his behalf, stating that ho was eighteen years of age, and had previously borne a good character. His Honour, who took timb to consider what sentence ho should impose, said ho saw 'no course: open .'to hint but, to Soutenco pris(ner to a term.of imprisonment." He would, howevor, , taka into eonsideration prisoner's, .youth: and - tho fact, that ho had 'not • boon'; before the Court previously. If , prisoner , had been of mature ago,- ho ■would, 'havo imposed tho longest 'term' which was provided in tho Statute. ,He mightvpoint-ont-that tho other Judges had also expressed' .their- determination of ; treating-with' severity'-men guilty of ds'saulting'yoUng'girls: ' Hb waS 'satisfied lie Would, not..ba. doing right if ho did not send prisoner to gaol. The sentence which ho intended to impose must, at prisoner's ago, be •■countecl.SQvorq.';.,Prisoner, would bo incarcerated for two ycarswith hard labour.

FORGERY OF A RECEIPT. 'Mary Sinclair Inglis, a young woman, who had in t-lio Lower Court admitted having forged a receipt for tho value of a sowing machine which sho unlawfully disposod of, was also sentenced/-■-Mr.'.;Lbvyey,' oh,- behalf ;bf prisoner, stated : t-Jiat; had for 'somo.,jtimo,- earried oh the .p'foffeioli. of nurso 'ftmongst*,the." poorest class ift thtf cdinmtiftityi,v;' ; .Shb had'"in numbers, of, instances .not been paid fofvher services. Urg'etit finallcfal preisiiro had driven her. unlawfully, to'.'soil:a;?smving machino for j£jOs;i ajid f£iy.ov\i ;f:b'rged .^receipt! for i.tho procoeds. "Ho'-'Hhoughfc. justice,: met if sho wero granted prbbat&pi£<£,. - ,; _Honpuy said ho tho i tflio Probation ho might ordor prisoner to como lifevfor "sentence whon called upon.' . Jn,.reply?tp).i>|qu(s3|iqu;,tho maf^ji:of tho Salvation Army Homd. stated that£ss authorities of thc;institution....wpro to find- and|j|6k after \\His; Honour... said .ho thoughts4sthe m torests of t'Ko 'community it wouldcijjo better hot to sentence prisoner to, a teriif: of imprisonment.., . It might have sho had committed' tho crime undeifjlfmanoial pressure, but that- was no' excuse. Iv ho had to consider was not tho questi'o'iWbf punishment, but tho- question of protecting tho public. The circumstances did not;, suggest that tho prisoner had,.'embarked oriv'a swindling career.; on the' contrary, jiftwa^.evident ■that pressitro of somo. Icihciv ha'cl' compelled her to yield.... tq ; -| •>j?6i»oa; would, 'l>erhaps;'yb'o M donovliy''? Riyjawj ' dppoi-tunity. Ho 4 ;would. : .order 'h'er' ; 'tb come " ivhen called up6n, but , would;. ask;ithb.; Salvation.'..Army~vaiithorities |to .let:'the policy ••know, wh'oiissho left their ;^tablisl(irt^C'^Jn^l»i'B.,' , de-sirablo.-w-hen/thoSCbUEt,::. abstaificd ifrom imposing a sentence that tho polico might be able to follow tho movements of tho person' who had committed the offence for somo reasonable 'period.

' IN BANCO. D E DICATIN G;;R 0 ADS. : Hi-; Justice. Cooper delivered;judgment in the, c'aso.'■ between' William' < William James the District:. Lajid ; llqgistrar v i'Tlio . Registrar was called, liponj to substantiate -His refusal to ooinpleto. ;tne ' registration of the plaintiffs' property, and to show cause Why ho should not bo ordered to'complete tho registration. In his judgment, His Honour said; that the momorandum of; transfer. was presented for registration, but 'it.liad- not .been,completed, as'it was not in proper form, 1 that it" 1 clid not operato rs'a complete dedication, and that there was no evidence of thouso by;tho public of tho roads. His Honour said-that tlio instrument of dedication was not,. registerablb. under tho Land Transfoi- Act. /It did riot''operate as an effectiv'o-dedicatidnj'.'as.'tho-publio had not used'tho' roads.' 1 Mr: Pauling, Examiner , of Titles, appeared for tho District Land Registrar and Mr. Gray in support of the summons. ... . 1 His' Hbnou'r'' said' that 1 lie 'would "make no or dor for costs so far as tlio application was concerned. If i it was desired to appeal, it would not be necessary to obtain leave, because he, thought that, the case ought; probably to be considered hy the Court of ApPQfil. . Tho Registrar .had , substantiated' the grounds of . his objection,. and that ..would be the order of the Court without costs., , DEATH OF A HORSE. His Honour also delivered judgment in a case between' William Orlando Oldham and Lyons, Limited, an appeal on points of 'law from tho decision of Dr. M'Arthur; S.M.; in which the respondents, Lyons, Limited, obtained judgment for £25. Ono of tho causes of- action alleged was that on August-'4, 1907, a horso let on Jiiro'by the to tho appellant was 1 killed, owing to tlio' negligence of tho appellant or his servant. The ground of appeal stated in tlio casft on appoal.was "that thoro was ,tio ovidencoof negligence on tho part of tho defendant, ,and the decision of tho Magistrate is wrong- in law." His Honour said that , ho was of" opinion that tho Magistrate's decision was right,: and that tho appeal must bo dismissed with I £7' 7s. eost-3. . ■'" '. V " ; ' ' A QUESTION OF IMPRINT. Mr.' Justice Cooper also gayo judgment ill a case-of importance between M'Guinness and Langdon, appellants,' and E. W. Mills and Co.j respondents, an appeal from .tho decision of tho Stipendiary Magistrate at Wellington. <■' In. tlio judgmont, His Honour said tlio agreement was that ' the appellants should .compilo tlio hand-book, print 5000 -copies »at their own cost and deliver tllem to the Wol-' lington Harbour Ferries Co., Ltd. Tho Company was to pay tho appellants £25 for the copies, and tho appellant had tho right to insert any adyertisomonts thoy could obJjin from tho persona-and' firms doing busi-

liess with tho Company, and to receivo for their own profit the/sum paid for' such advertisements. Up to the dato of hearing tho action, 2000 copies " had boon delivered. On September 8 last, tho appellants obtained a written order froiri tho respondents to insert an advertisement of th 6 respondents' business on tho back inside corner pago of tho hand-hook, and the respondent company agreed in writing to pay •£« 7s. As tho book was not printed until, tho end of September and.tho action was brought at tho end of October, it was clear that sufficient time had not elapsed for tho performance of tho guarariteo. Tho contract between tho parties was clearly that tho advertisement' should bo paid for before the publication of tho -book. Tho second ground was of eon-, siderablo importance. .The Printers and Newspapers. .Registration Act 1803, as amended by tho Amendment Act 1892, provided for the imprint, and tho hand-book lacked this. The only indication' of tho name of tho printer was tho words "Evening Post print—2o4B7" on tho last leaf but one. Section 9 of tho Act, however, contained a series of exceptions, and, in His Honour's ojmiion, the hand-book canle' fairly within the true intent,-meaning,- and spirit , of tho oxemption clause of tho Act, and tho omission ..of tho imprint. was immaterial.. No .offence had been committed, and tho appeal must be'.allowed and tho nonsuit set aside. ' If the respondent did not desire to call 'evidence'- in tho Magistrate's Court, judgment must-bo- entered in that Court for the appellants with costs on the Magistrate's Court scale. The appellants must' have the costs of this appeal,'*'£7 75.; and Court fees.

A GRADUATED TAX CASE. A claim for refund of graduated tax was brought by the Wellington Diocesan Board of Trustees incorporated under ' the provisions' of tho Religious, -Charitable . and Trust Boards Incorporation Act, 1881, against tho Commissioner -of Taxes. It ,was ,a special caso for the opinion of .the Court.; ..; ■ Mr. Quick; appeared for'tho plaintiffs and Mr.ißell, K:O., for defendants. .... , . ' .The .statement, of claim showed .that .plaintiffs held laiid. in the Wellington .Diocese upon trust.for-the General Synod of the, Church.of England, and tho plaintiffs had paid under .protest on. account of graduated tax on the lands tho sum "of £283 ss.- sd. in f1.11,' and they contended- that they were not tho beneficial. owno.rs. of- tho.lands, and they wero precluded as'trustees, from , deriving any benefit, and that tho beneficial owners were' the ' parish and parochial districts. As none of tho latter in any year * derived an income which would ■amount to a sum requiring land to the value of. £5000 to produce it, the plaintiffs claimed exemption from tho graduated land-tax. " 'The defendant.contended that the_ plaintiff Board; was tho owner r of the'lands within the' meariin"oorf r the Land and Incoirie' Assessment 'Act, 1900. . ■ The questions for the opinion of the Court were:— '' .

Is-the assessment of the defendant valid at law?' >.' ' -'■V ■_' •• ■If; not, how should 'tho plaintiffs bo assessed in'Wsiject"of such lander . " • • . Mr. Quick said that tho •-amount ■ claimed was £150 10s; 3d. • : ' , v. " His" 1 Honour pointed out that,' to make' his judgment logical,' ho - must hold that lands which .wero'held ;by tho General, Synod for r&ligioUs' purptfsos, and'not limited to x ''any diocese',' were ,to - be assessed for the total quantity' and jnit l in tho first-class.'- _ ' : Mr. Bell intimated that the Commissioner, offered £133 ss. lid., and there was less than £20 in dispute. .-.■.. ~ ; ' ■■■'■■'. His Honour uphold the Commissioner of Taxes. ' '■■ ' : t'