LAW REPORTS.

Dominion, Volume 2, Issue 314, 29 September 1908, Page 4

LAW REPORTS.

SUPREME COURT. IS CHAMBERS. 'A Bitting in Chambers was held yesterday by his. Honour, the .Chief Justice (Sir Robert Stout.) ' Probate of the wills of the following'deceased persons was grantedThomaa Midglcy, farmer, dive; Donald Stewart, storekeeper, Christchurcli; Amy Ladds,, widow, 'Sydenham; Thomas Livingstone, mariner, Dunedin; R. Filbrook, widow, Avondalo; Elizabeth Young, married woman, Christchurch (all on the applipation of the' Public -Trustee); John Frederick Saunders, farmer, Wellington (Mr. Wake); William Jo.hn Roydhouse, sottler, Wellington (Mr. . Kirk); and Annie .Keiuiif old, - widow, Wellington (Mr. T. Young). | • Letters .of .administration wore granted in jespect of tho Restates , of the following deceased 'persons:—Thomas Elliott, tailor, j Robert King, labourer, \Auclc-' land: Thomas Flack, • farmer,' GJianey's; George fSuckthought, farmer, Henderson; Robert King, engine-driver,-Raetihi; James Owen Wilson, schoolmaster, Whangarei ; 'Alexander Barron, farmer, Wright's Bush; (all' ; on: the -application oNtho Publip Trusr teo); '.-Margaret O'Roefe (re-grant), Lower Hutt (Mr. : Smith): Isabella Pithie Johnson ; (with'will annexed)/'Wellington (Mr. Brandon).' An .order' was mado for the -payment of £25 commission to the excciitprs in tlie estate of Jolia Hall Taplin, of Masterton (deceased): '. '-' • '" . •'- - : Th.o; case of Joseph .A. Andrews, of Flaxbourne, 'storekeeper, v. Alfred George 'Manthe), ,of Wellington, commission agcn,t, r 'which ' had been commenced...in . the.. Court at Blenheim, was removed into the Supremo Coiirt for trial'-on the -motion of Mr. Blair, who..appeared on behalf of the ' defendants _ Application >was. 1 mado. iunder. the, Loa-ses and'.Sales of Settled. Estates Act, for the consent of tlio Court to a lease of a property fr.om'Margaret Organ, of Taliaka, to the Golden Bay Cement Works Company, who are establishing works, in the Nelson district. Mr. \sunnv'appeared' in support of the motion. His' Honour said that it appeared to him that "tfri o'rjdpiv-ought to bo made, and would jprobabty be' "made on Friday upon receipt of : a'report frojn tho Regis:trar. '' . ' On the application of"tlie""Public'Trustee, who was represented., by ; Mr. D.' M. Findlay, an order was-made giving leave to the PubHe Trustee-to exorcise ,all or any of the powers specified in Section 87. of, the Public Trust Office Act,'l9oS, in respect .to Section; 332,-Town of Stratford. This was a matter in of--the .oivners-flf-the property liad died after, tlio sale of the-land, leaving executjorß who were dead or whoso whereabouts jvere - unknown,and - the "application ivas-.piade for the purpose p{~ enabling. $ho Public Trustee -to receive the purchase money and., cony,ey an outstanding. interest, in. tlio land. A matter arising out of the case of Mary ■ Rose} < Janet Mackie Rose, Ellen Greenfield, and John Greenfield v. Thos. Kennedy Mpcdonald-was then considered. This, was . a summons taken out by plnmtißs; ask- 1 ing defendant to show cause why he should not-produce arid .'deliver to the -Registrar certain-bank pass-books, relating to accounts, 1 the' subject matter of the action. ■ Aa 'affh davit had be_en filed i.n.supp.ort.pjf. the.lnotion . stating that the bank, passrbooks had been used in the proceedings- which had come be- , fore'the Registrar,, and which, had been considered "on; September 19 ; that tho defendant : had on September 19 undertaken to produce the booJ;s -by .Mond^yi. 21 ; .and : that v the" books had not ■ been produced by * September-? 3.. Mr. :Blair,■ ivhp.;appeared'.'on. 1 behalf of the plaintiffs, explained that on the •; day i following" the writing out of-tke summons defendant,had prodjiccd - the books; which • were now in the custody of the Registrar. '.Mr. Treadwoli, who" represented the defendaijfe,-- said 'that tho delay in producing the books had been caused through the books having been handed to the bank to be made 1 up. In reply to his Honojir it >vas stated : that it was /unnecessary to Irnvo 'had the | books made up because .they -were already made up as far as tho accounts in the ac- ' tion were .concerned. His; Honour held' that" 1 defendant should hajre ; Cjarried . oyt his un-. ! dertaking without" delay.'' :'&s ■. he had not 1 dono, so. plaintiffs, entitled to cpsts. His 1 Honour further . stated,; when;, undertakings .< were-;giy.en they . should lie eafrjed out I promptly, and delay in dping so interfored 1 very greatly-with the due expedition of legal 1 proceedings, ..'Mr- iTreadwell explained that 1 he personally had not given the undertaking - 1 but that his-client had dono so. The sum' 1 mons was acmrdingly dismissed, defendant 1 tp ply to plaintiff £1 Is. and disburse- 1 ments. . ' ' . " ;' . I

COMPENSATION COURT, LUSCOMBE v, CITY CORPORATION. SETTLEMENT ARRIVED AT. The suit in which Alfred iLuscombe, of London, is the claimant, and the City G'prporat)9n;" arc the respondents : was mentioned yesterdrtj-:' In" this caso Mr." Gerald Fitzgerald, 0.E., is the assessor for the claimant and Mr. C. 13. Morison is the assessor fpjr the- respondents. ! This is a c]«im for £413p.jnicspect of 9.8 perches of land sitpated at the corner of' Thorndon Quay and Sydney Street. The property was acquired for the purposes of tramway: offices. ' . _ Mr; Fell, who'appeared pn'behp.lf of tho i clajmant, .stated that tho .claim had been tho corporation having' agreed to J®??®? in I'esppct of the, freehold portion of the Und. Tho. award would, he said, be drawn,up within a week. In_the.absence of the President of the yo'irt, the matter was;adjourned until October 5.

MAGISTRATE'S COURT. POLICE OASES, (Before Mr ; \y : Q. Riddel), '5.i1,1.) BUMCH..OF. ELECTORAL ACT, Andrew Brough Ferguson was convioted and fined 40s. aiid costs £1 18s.'0d., jn default, forty-eight hours' imprisonment, 'for a breach of the Electoral 'Act, 1905, in signing tho'name of another. poison to a' form of claipi for enrolment. Tilr. Fell, who appeared for tho Registrar of Electors, explained that a number of -claims were taken to the boardlnghoiiso at which defendant stayed, and were left there by a canvasser. When the canvasser returned .-for the claims'ho found one of them was'liqt in order and left it to be righted. Defendant, in shov/ing the poison to whom the claim applied how to fill it in, signed Llio name , in tho position where the applicant should havo signed. A now claim, howover, had sjn.ee been filled in ill the proper order. CHARGE OF BIGAMY. _ A middle-aged labourer, Jqlin Wilsbii, alias 1 John Keiloy, appeared in answer to a chargo of having, on February 12, at Wellington, committed bigamy. On tho application of Chief Detective Jl'Qrath a 'remand was granted until October 7, as it w'ill bo ntccssary to baring wtppssoa-froni a'distance. Mr. O'Leary, for accused, applied for bail, which was allowed in tho sum of i!SO and iwo. sureties of £25 each. ASSAULTING A CHINAMAN. % young man named John Kilroy, a bootmaker, was -charged (1) .with., insobriety, and (2) with having unlawfully assaulted a Cninaman named Lin Fong. Accused pleaded not gwilty to the second oharge. Evidence was given by Lin Fong and his assistant that accused' went intp Fong's lfiundry in Taranaki Street at 4.30 on Saturday afternoon, and struck Fong without provocation, knocking him down.'"' Accused said lie was 'passing filong the street when a Chinaman Jut him with a . stick, Accused urged that it was the first assault by the Chinaman that made him hit back: ' - -

On tho first chargo a conviction and fino 6f 55., in default, twonty-four hours' imprisonment, was imposed, and on tho second oharge a conviction and fino of 40s. and oosts 135.,6 d., in default seven days' imprisonment, was entered, his Worship remarking that the evidence of accused was vory unsatisfactory. MAINTENANCE CASES. Wm. T. Williams, who mado 110 appearance in answer to a chargo of disobeying an order for. the maintenance of his child, was ppnvicted and sentenced to twenty-one days' imprisonment, warrant to bo 1 suspended until October 5 to .allow the' payment of tho arrears.

i A conviction and sentence of twenty-ono days' imprisonment was entored against Edward Bovan, who did not appear- in answer to a charge of disobeying an order for tho maintenance of 'his child. An order was mado 'that the warrant be suspended until October 5 to allow payment of the arrears. A similar course w.as followed in a second charge against the same defendant in re-ference-to an order -for the maintenance of ■ his wife. / Cecil C. Nioholl failed to appear in answer to a chargo of disobedience of a maintenance order,. and was . convicted and : sentenced to twenty-one days' imprisonment, warrant to be suspended if defendant : .pays £1 a week in rcductipn of the (arrears. CONCERNING PROHIBITION ORDERS. Two charges of entering licensed promises during tho currency of a prohibition order wero preferred against John Miller, represented by-Mr. A. R. .Atkinson. On tho first oharge a conviction and fine of 40s. and .-costs 75., in default fourteen days' imprisonment; was imposed, and on the second chargo a conviction and lino of 20s. and costs 75., in default seven days' imprisonment, was entered. 'A ; prohibition order,, to have twelve months'.;currency in tlio Wellington, New-t-own, and' Hutt licensing districts, was issued" against-Patrick-Ruddy. MISCELLANEOUS. Wm. Egan, charged with insobriety, was convicted and fined 205., with tlio alternative ■of seven days' imprisonment. James 'Wilson, similarly charged, .was convicted and fiiUod hours' imprisonmentf.' Five .'firsV"offeiide-rs "wore dealt withj .one.'b'cuig .convicted and fined 10s., and four -being cpjivicted fined ,ss. each. SIOUNT .COOK POLICE COURT.At the Mount' Cook Police Court yesterday.' morning,., before Mr. J. Collins, J.P., Ilenery Holland -jvas fiiwd ss-,.'or tWeiitJr-fou'r hours' imprisonment, for drunkenness. For a similar offence ,Flo'rpnco M'Carthy was finod '10s.-, or forty-eight hours' imprisonment in defau|t. .' Two fir,st; offenders on bail ;wero fined : &.,'•■ or' in. "default- twenty Jour hours' imprisonment, "for 'drunkenness. One first offender on bail did not appear on trial, and was fined 10s., or forty-eight hours' imprisonment.

THE NO-UCENSE CAUSE. ' ■ —— CHRISTIAN DTJTJT AND SOCIAL ' REFORM.' The piecting-held in tjio Vivian- 'Street Glinrch lust, ovoning, in connection 'with the Christian' :Ejideavo,ur 'Convention, to emphasise the • claims of. good citizenship, resolved'it'self veryliu'goly into a meeting for the advocacy 'of'■'Mo-License. There was a .fair attendance, and tho Hon. C. M. Luke, presided, .in the absence, through 'indispopi-' tioi), of Air. Ji. G. W. Aitlc.cn, M.P. . . •The Chairman spbiio briefly on good' citir aenship. I The Rev. E. Dewdney said that lie lmd l.with'him a largo number of letters from the members of tho.British Parliament, qach of which contained a niessagc for tho .people r.f New Zealand. O ne of them, from Mr. W. C,rookes, M.P., would provide his tpxt. The. message read:. "As wp in tho Lord's 1 Prayer 'say, . 'Lead us"not into tomptatjoni' so it'casts upon us the obligation <o remove temptation from the paths-of our Weaker brothers and sisters." To confine Christian duty to work that was specially religious,.Mr. Dewdney said, was to. misconr cpi'm the-whole purpose and plan of ; Christ. ijt was not- right to distinguish strongly between .'Secular and-sacred, as was so. often, done. 14very. secular w : ork 'could ■ be; made spcred. If was utter cant for. a man to decline civic responsibilities on the score that tjiey wero merely worldly, while he''gulped■ .dpwn all the privileges'which the world gavo him.-Christians mu.stnot only render to God the things that wero God's, but they must also fender to Capsar the tilings that were Caesar's. Every duty that was binding on f) man as-a man-was tenfold more binding on liini as a Christian. The vote was a sacred trust, ..a talent givon. Tc reform city slums was as true Christian work as any other. God's work would not- bo done oil earth till poverty was reduced and every slum macjf cjean. ''Christian citizenship demanded they .should give themselves to public ser; vice, -and openly attack entiencbed evils. He referred to the approaching local option poll, and said that there'was not "a Christian Endeavourer but would striko out the top lino. An advertisement had been published by the Liquor party in which a mother, told how her son had been made a drunkard by tho sly grog-sellii)g in Ashburton. God help that mother, but w'-o sold the liquor? "\Vhat cruel humbug, what arrant hypocrisy it was! Who was responsible for the sly grog-selling in Ashburton? The men who sent the grog there and who could stop it to-:morrow if thoy woiilt]. They iverq sending it there every day to bo sold. "Whan the Liquor party publish an advertisement liko that wo fling.it back in their faco and say 'Humbugl Hypocrisy!' " The speaker .quoted a 'statement published, ho said on behalf of tho Liquor party, that Goncral Booth was not a prohibitionist, and said that tho general had publicly declared himself a prohibitionist when he was in Wellington. He urged those present to rally to tho side of the No-License party. For that one ruined lad in Ashburton they could point to scores in almost every oity. The Rev. F. W. lsitt, secretary of the New Zealand Alliance, made a strong appeal for workers. Ho stated that in Auclcland and Christchurch there were 30 or 40 No-Licqjiso workers in tho field for each ono in Wellington, and in Dunedin, also, tho number was much larger than here. The Rev. C. Porter apnouneed a. sories of prayer meetings in connection with the campaign. ' . Mr. L. J. Clark, lion, secretary of the convention, suggested that thore was less organisation of No-Lioenso work in this city than in others. Votes of thanks wero passed to the chairman and Mr. Dewdnoy. ,