LAW REPORTS.

Dominion, Volume 4, Issue 1204, 12 August 1911, Page 12

LAW REPORTS.

. « MAGISTRATE'S COURT. CIVIL BUSINESS. PROMISSORY NOTE CASE. (Boforo Dr. A. M'Arthur, S.M.) Tlio action brought in tho Magistrate's Court by Dickinson Bros., butchors, WclILngloji, against James Jl'licavy, farmer, fjovin—a claim 0:1 n promissory noto for •CliS—was called on again yesterday. On tho previous day evidence had been given for tho plain tills, and Mr. Morison (counsel for the defendant) had intimated that the defouco would ho ono of alleged fraud. When the hearing was resumed, Mr, Herdnian (for the plaintiff) said 'that, U9 tho .i'2s was only a part of the amount actually involved—over ,E7(lo—the plaintiff had elected to take n nonsuit, with a view to having tho matter decided iu tho Supremo Court. Tho nonsuit was allowed. The plaintiff has to bear the costs, JcS, and solicitor's lee, £2 2s. THE POLICE SIDE. (Before Mr. W. G. Riddell, S.M.) Mary Johnston, alias Kate M'lntosh, was sentenced to a month's imprisonment for accosting passi'.rs-by iu Victoria Street. His Worship asked her if sho would go to Hie Salvation Army Homo. "No. I would rather go to gaol," sho replied. She went. Two first offenders, charged with insobriety, were convicted and fined lis. One, a brawny member of tho Native race, faced the Beuch, drew himself up to his full height with considerable dignity, and confessed that ho had been drunk on one of the railway stations. George John Conray, who admitted hav. ing broken his prohibition order, pleaded that this was tho "first time," and it would not recur if ho got another chance. lie was fined £2, in default seven days' imprisonment, and 48 hours were allowed him in which to find the money.

Donald Kevins appeared as defendant on a, charge, of having assaulted .lames M'Laughlin. It appeared that tho dispute, took place at a Hugh Street residence on Sunday morning over a matter of 3s. fid. Each pittly sworo that tho other was the .aggressor. Kevins staled that l\e had been struck with a broom, and M'Laughlin that he used tho broom to ward oft' Kevins. There was a witness in support of M'laughliu's story, and Kevins was fined 205., in default seven days' imprisonment.

SUPREME COURT. WANGANUI RACECOURSE. IN RE TRUSTEES. In the Supremo Court yesterday the Chief Justice. (Sir Robert Stout) 'heard mi application under tho Declaratory Judgment Act, 1908, for an order declaring whether, upon tho true construction of tho Wangamii and Rnngitikoi Raeccourso Act, 1862, tho trustees for the Wangamii Racecourse should hi elected in manner provided bv Clause 3 of that Act. Tho applicant was Charles Evan Mackny, solicitor, of Wangamii, a General Assembly elector for tho Wangamii district, and tho respondents wore the'trustees of the racecourse, and the AttorneyGeneral. Itr. A. Dunn appeared for tho applicant, Mr. Martin Chapman, K.C., with him Mr. S. A. Atkinson, for (he trustees, and Mr. J. W. Salmond (Solici-tor-General) represented tho AttorneyGeneral. Tho Act cited is a, provincial enactment, and, under it, the Governor, as representative of tho superintendent of tlm province, appoints the trustees. Tho action is to determine whether or Dot there is a. right of election by some persons—whether by tho electors of the old' Wangamii and Rangitikci districts undor tho provincial divisions or, as an alternative, by tho present electors of tho "Wangamii and Rangitikei electoral districts. After hearing legal argument, his Honour intimated that ho would give a written decision this morning.