LAW REPORTS.

Dominion, Volume 3, Issue 860, 5 July 1910, Page 9

LAW REPORTS.

COURT OF APPEAL. A COMPLETE METAMORPHOSIS. BENCH FAVOURABLE. Sittings of the Court of Appeal opened yesterday morning, the Bench comprising the Chief Justice (Sir Robert Stout), Mr. Justice Williams, Mr. Justice Edwards, and Mr. Justice Cooper. The first business dealt with was a motion, submitted by Mr. C. P. Skerrett, K.C., that John Augustine Quinn should Iw admitted to practiso as a solicitor. The application had been beforo the Pull Court on October 15 last, prior to which dato nil objection had been made by the Auckland .Law Society r.hen Mr. Quinn sought admission before Mr. Justice Edwards. When the matter was beforo Hie Court in October, Mr. F. E. Baume, K.C., said that, some years ago, tho applicant had betrayed a weakness for drink. He had appeared in the Auckland Magistrate s Court through intemperance, and had been convicted of assault. There was no charge against his honesty, however. In 1897, lie passed the tlrst section of his solicitor's examination, and went up for his final four times, failing in one subject each year. In 1904, he wont to b,vdney, and was a licensed bookmaker for two years. On returning to New Zealand'lie .obtained employment a* an accountant. and passed his final law examination in December, 1908. He was 35 years of age. , , Speaking then on behalf of the Auckland Law Society, Mr. 1?. Earl said that tho society agreed that, if Mr. Qmnn had really rehabilitated his character, the Auckland Society had no desire to push him down, or to deny him the result of any. honest efforts he might have made to qualify himself. On that occasion, the Court, acting on the recommendation of the Auckland Law Societv, postponed consideration of the application, but granted permission for a renewal of the application at these sittings. Mr. A. de B. Brandon, junr., appeared yesterday on behalf of tho flaw Society, offering no opposition to the granting of an order for admission. Reference was made to ail affidavit which stated that Mr. Quinn had lately been employed as managing clerk in Mr. Earl's office in Auckland: Mr. Justice .Edwards spoke of the conditions of admission. Was Mr. Quinn prepared, his Honour asked, to agree to a stipulation Mint he must not engage in bookmakingp Mr. Skerrett: J do not think there is any necessity for a stipulation of that kind. He has long since ceased to be connected with -that kind of thing.

After consultation, t.lio Chief Justico intimated that Mr. Quiun would ho admitted. He would bo required to pay fiftcen guineas, cost of the motion.

LIBEL CASES. ONE APPEAL GONE HOME. The appeal by John Norton in the caso of Albert Ernest Louis Bertlinp; (superintendent of the Wellington "Zoo") v. John Norton (proprietor of a newspaper called "New Zealand Truth") was mentioned by Jfr. A. Dunn, who asked leave to set the case down upon the list to be dealt with at.the present sittings. • Sir. P. B. Sharp, appearing on Bertling's behalf, opposed the application, on the technical ground that certain of the papers connected with the case Had not been filed in time. The Chief Justice remarked that leave was seldom refused, and in this ease the Court would allow the case to bo placed upon the list. Later, when the order of hearing the rases was being discussed, Mr. Sharp said that he was prepared to go on with the case right away. The Chief Justice: No, Mr. Sharp; that cannot be done. Two judges have already expressed their opinions about it,, and there are only two left. r No date was, therefore, allotted for the hearing. Mr. Skerrett, referring to tho Christchurch appeal case of Thomas Walter Stringer, k.C., v. John Norton, said that the motion to dismiss the order granting leave to appeal would not bo gone oil with, as the papers in the caso had been seat to England.

LATE CASES. TEE ADDITIONS TO THE LIST. Mr. T. Young applied for leave to set down tho case of Morland v. Hales, which concerns the salo of a Marlborough run, Birch Hill. Mr. Skerrett appeared for tho respondent. The case was included in the list. Permission to set down the _ caso of O'Brien v. his Honour Mr. Justice Chapman and others was sought by Mr. Skerrett, who remarked that the question,in the caso was as to tho time in which a claim for compensation might be brought under the Public Works Act. Mr. Justtco Williams said that ho had dealt with a similar case in tho south, and an appeal was being brought. Mr. S. Solomon appeared in ' that case, and tho main question was the same in both actions. It was" agreed that tho cases should be argued together, but no dato was fixed for them. Leave was granted for tho setting down of a Gisborne case, in re the estato of ITeni Willoughby, to be heard by tho Full Court. Mr. Skerrett, and Mr. L. T. Burnard (of Gisborne), appear for tho respedive parties. Hearing of the appeal was fixed for Friday next.

DATES ALLOTTED. THE BUSINESS FOR THIS WEEK! Tho cases for which dates have been fixed are as follow:— Tuesday,. July 5. —Falconer John Macdonald v. tho Mutual Life Association of Australasia. Eliza Marion Allardice and others v. Agnes Allardico and another, a will case. Wednesday, July G.—The Taupo Totara Timber Company, Ltd., and the Wellington Industrial Development Company, Ltd., v. Michael Lynn and Sebastian George Poppelwell. Friday, July 8 (Full Court).—ln ro the estate of Honi Willoughby, Native land case. Tuesday, July 12.—Tho King v. Joseph John Powelka. Tho King v. John Majoribanks Steele. Thursday, July 11.—In re Shortland Flat Goldmining Company. The King v. Charlie Grbicli.

MAGISTRATE'S COURT.

(Before Mr. W. G. lviddell, S.M.) A "LIGHTHOUSE" EXTINGUISHED. The sequel to the capture by the police oil Sunday of ail alleged "lighthouse"—a peripatetic sly-grog dispensary—was tho appearance before the Court of tho man named Charles Kcston in answer to a charge of having unlawfully sold liquor, and also that he was an idle and disorderly person without sufficient means of lawful support. The accused admitted the first charge, but. denied the second. The evidence of the police described the manner in which the accused had "lighthoused" certain beer to a police probationer on Sunday at an advance of Is. Cd. upon the cost price, Gd. Marked two-shilling pieces, given him in payment by the probationer, were afterwards discovered upon him. Detectives Rawln and Cameron also testified that Koston habitually consorted with reputed thieves. His Worship convicted accused on both charges. On the first he was fined .£lO, with the option of a muntli in gaol. On tho second he was sentenced to three months' imprisonment.

COMPANIES PI NET). Tor broaches of Section 101 of the Companies Act, in that certain informiitinn required to bo sent in annually to the liejjistrur of Companies was not. duly supplied, several limited companies were prosecuted by the Department (represented by Mr. 11. 11. Ostler). Eleven companies were proceeded against, nine of whom admitted the breaches. .Counsel slMcrt liniL nominal peniiltios uxily would mo»t their cases, as the breaches

were purely technical, and several of the companies had since supplied tho information required. Fines of 10s. each with costs totalling ,£1 Bs. wore imposed upon the Bird Tyre Co., Ltd., tlio Now Zealand Automatic Gate Co., Ltd., the Creamery Package Co., Ltd., the Mirnmar North Building, Deposits, and Mortgage, Co., Ltd., the Scaford Coal Co., Ltd., the Shannon Land and Hawmilling Co., Ltd., and the Wilton listato Co., Ltd. Costs only, 431 Bs., were imposed upon the Wilson Pill Co., Ltd. (represented by Mr. Fair), and the Moa Petroleum Co., Ltd., upon explanations being offered. The Rakanui Hall Co., which did not appear, was fined 205., with costs .CI Bs. On the application of Mr. Ostler, the action against tlio Tongariro Timber Co., Ltd., was adjourned sini die. 'HIE MUTT CASE REMANDED. Catherine Moore, for whom Mr. P. W. Jackson appeared, was remanded till July 11, 011,1110 following charges:—(l) Theft of n sealskin muff, valued at .fS, the property of the D.f.C.; (2) theft ot a fur, valued at £2 10s., the property of Charles Adams; (3) theft of a pair of binoculars, two bags, and a purse, valued altogether at £7 4s, 6d., tlio property of Wm. Ilollidny. Mr. Jackson asked for ball, which wi.rt granted in the sum of JKO, and ouo surety of the samo amount. "VALUED AT SIXPENCE." There was no appearance of Walter Harold Radford, who was charged with stealing a glass, valued at (id., belonging to Frederick Dobson, of the Masonic Hotel. A conviction was recorded, and a fine of 10s., with the option of 'lii hours' imprisonment, imposed. ALLEGED THEFT. Not being In a fit condition to appear in court, Walter Fitzmaurice, charged with the theft of a bottle pf peptouised beef, iron, and wine, tho property of Dunbar Sloane, was remanded for a week. ASSAULT CASES. Charles Nordell, charged with having been guilty of disorderly conduct while drunk, was convicted and fined 205., with the option of seven days' imprisonment, lor assaulting a man named Edward Robson, Nordell was sentenced to 21 days' imprisonment. According to tho police, Nordell on Saturday night went round to Robson's house, and, after being refused admittance, climbed in by way of a rear window, and followed up his offence with an assault upon Robson. A plea of not guilty was entered by Carl Alsen (represented by Sir. Weston), who was charged with an assault upon one Thomas Tanner. Ho was convicted and fined 205., with witnesses' expenses, 45., tho alternative being 48 hours' imprisonment. INSOBRIETY. Four first offenders were convicted oF drunkenness. Two were discharged, and the others fined 55., willi tho usual option. A sentence of one. month's imprisonment was imposed upon John Chambers, declared to bo an habitual drunkard. OTHER CASES. An old offender, William Irvine Allan, alias Morton, was deemed to bo an incorrigible rogue, and sentenced by his Worship to one year's imprisonment. ' A further remand till Wednesday next was granted in the case of a woman niimcd Sarah Elizabeth Winter, who was charged with having been guilty of disorderly conduct while intoxicated. ■ William Plain, charged with indecency, was remanded till Wednesday, on tlie implication of Chief Detective Broberg, Mr. P. W. Jucksou appeared for the accused, who was allowed bail to the amount of XSO, and two sureties of £25 cach. CASE REGARDING MILK. A sample of milk which, aftor inspection, was alleged to have been adulterated with water, led to tho prosecution bv tho Health Department of H. Johnston," who was defended by Mr. Dix. Ho pleaded uot guilty. Mr. Dix objected to tho proceedings on the ground that the defendant was only the driver of the cart from which the sample had been taken. There was no proof, ho contended, thnt Johnston was, or ever had been, agent for the vendor of tho milk. His Worship agreed that the onus was on the prosecution to. prove their case, and consented to an adjournment, asked for by Sub-Inspector Norwood, till Wednesday next. ORDERS FOR MAINTENANCE. Alfred William Ponting, convicted of having disobeyed an order of the Court directing him to pay a fixed sum at regular intervals in support of his wife and two children—he was Ji32 in arrear— was sentenced to two months' imprisonment, tho warrant to bo suspended, on , condition that weekly payments of 10s. were made to the Magistrate's Court office. John Williamson, .£lB in arrears with respect to the maintenance of his illegitimate child, notwithstanding tho fact that tho Court had previously ordered regular payments to be made, was sentenced to two months' imprisonment, the warrant to bo suspended on condition that weekly payments of ss. were made. Henry William Smith, charged with having disobeyed an order of the Court directing him to maintain his wife, being .£5 ss. in arrears, was ordered to pay off the arrears at the rate ss. weekly, or, in default, ono months' imprisonment. Mr. Fitzgibljon acted lor the plaintiff and Mr. P. W. Jackson for the defendant. Tho same defendant was also charged with disregarding a previous injunction of the Court that lie should maintain his child, and was convicted and sentenced to 14 days' imprisonment, tho warrant to be suspended if weekly payments of ss. wero made.