LAW REPORTS.

Dominion, Volume 6, Issue 1619, 10 December 1912, Page 3

LAW REPORTS.

LOWER COURT. (Before Mr. W. G. Eiddcll, S.M.) SALES OP WAKES ON SUNDAY. FOTO CASES HEAED. THE TRADESPEOPLE FINED. Four tradespeople were fined at the Magistrate's Court yesterday for having kept their shops open on Sunday for the transaction oi business. Constable Beard gave evidence to the effect that on Sunday, Noveiubsr 17, he had purchased sweets at the shops of Ellen Fox and Neil Austin. Neitlier of tho defendants appeared, and each was iincd ,£l, with costs 7s. Sub-Inspector Sheehan remarked that Neil Austin had been before the Court repeatedly for this class of offence, but tho magistrate replied that i:l was the maximum fine. Ellen Galletly appeared, and pleaded guilty to the charge of Sunday selling whion was preferred against her. She was lined M, with costs 7s. Ellen James, also, was charged with having broken the Sunday trading law. [u this case Mr. P. H. Putnam appeared for tho defence. He stated that tho premises had been open for tho legitimate purpose of carrying out tlie function of refreshment rooms, but that, by accident, some lollies had been sold. ' A fine of 10s., with costs 75., was imposed. DATES WORTH sd. Augustiuo William Bevan was charged with having stolen one packet of dates, valued at (ivepence, belonging to the Wellington Harbour Board. Mr. H. F. O'Leary appeared for the defendant, and asked for a remand to permit Bevan to get witnesses. The application was granted, and the case will be called on again to-morrow. TROUBLESOME PASSENGER, Alexander Ewan was' fined ;£3 on a charge of having used objectionable language aboard the steamer Maori. Officers of the vessel deposed that Ewan had been travelling steerage, and by his conduct had considerably disturbed the other passengers. He liad liad some drink. Eventually he had been locked up in a cabin by himself. / Ewan, who pleaded not guilty, said that ha would like to see some of the passengers who said'that that they had heard him use the language complained of. THE MILK. On charges of their having sold milk which did pot reach tlie standard, Waited Arch, was fined £1, with costs £\ 18s. 6d.; Edward John Parker, .£l, with costs 432 Os. 6d.; and Harrington Brothers, ,£2, with costs £2 2s. fid. THE STREET RUMPUS. The story of a small street Tumpiis was told when Michael Flynn and James Patrick Hassett cam© before the Court. Flynn was fined 10s. for insobriety, and i£3 15s. for having damaged an overcoat belonging to James Kennedy; and Hassett was sent to prison for a month for having incited Flynn to resist arrest. . It was stated by the prosecution that when a constable had attempted to arrest Flynn, Hassett had urged Flynn to resist. Tho defendants had obstructed the police, who had had a rather rough time until reinforced by some detectives. Ivcii•nedy had. gone to the assistance of Constable Smith, and Flynn had damaged the overcoat during the struggle. MAINTENANCE CASES. , For having disobeyed maintenanco orders which tlie Court had made, Arthur Scoullar was fined ,62; William Gray iiaillio was sentenced to two weeks' imwisoimient; Qoorgfi Contcssa was sent'oiiced to'two weeks' imprisonment; W. ,T. 11. Loner was fined .£2; Alfred Adams was sentenced to one month's imprisonment, tlie warrant to be suspended while ijs. per w«ik is paid off tlje arrears; Cecil Aubrey William Shaw wtffi'.'sentenced to, two weeks' imprisonment, the. warrant to bs suspended while fis. per week is paid off tho arrears; and Arthur, Harold Smith was ordered to pay J2lO arrears at the rate of- 2s. per weelc. Ernest Albert Frey '.Tosephson was remaiuted to appear at Taihape to-morrow,' on a charge of his having failed to provide adequate maintenanco for his wife. OTHER MATTERS. William Quill, who travelled from Pieion to Wellington by the steamer Pateena without paying the fare, was fined i£l. For baring broken prohibition orders. Laurence Power was fined .£3, William Brew £2. and John M'Vicar APPEAL FROM MAGISTRATE. In the Supreme Court yesterday the Chief Justicß (Sir Robert Stout) heard an appeal from a decision by Dr. A. 'M'Artluir, S.M. The decision was delivered in Wellington on September 17' last, and the parties concerned in the apjieai are Anderson and Co., engineers, of Christchurch, and Dalgcty and Co., Ltd., of Wellington. It' appeared that, in March, 1909, Anderson and Co. contracted to supply a lift for and Co.'s new building in Featherstou Street.- The lift was completed, and taken over in May, 1910. Under the terms of the' contract, Anderson and Co. agreed to maintain tho lift for 12' months subject to the condition that any repairs rendered necessary by negligent working should be paid for by Dalgcty an! Co. This led to an action in tho lower court, in which Anderson and Co. sued Dalgety and Co. with a view to recovering a sum of ,£O3 os. lid. in connection wi'tli work dono to the lift. Dalgety and Co. paid a sum of .£39 Is. Gd. into court in satisfaction of portion of tho claim. This, however, left two items in dispute—JEl7 lGs. 5d., the charge for supplying and fixing steel rods, and £6 95., Ilio cost <.f inspection. His Worship had formed the opinion that tlie steel rods should have been supplied by Anderson and Co. at their own cost, but ho had allowed the sum of <£8 9s. for inspection, and accordingly gave judgment for this sum, in addition to the amount paid into court. Neither party had been ratisfied with the decision, and both appealed on the ground of law and fact. Mr. T. Neave appeared for Anderson and Co., while Mr. A. W. Blair appeared for Dalgety and Co.. Ltd. Argument occupied the whole day until 4.30 p.m., when his Honour reserved decision. CLAIM FOR DAMAGES. LAND-OWNERS COME TO COURT. Hearing was continued in the Supremo Court yesterday (before Mr. Justice Sim) of an action claiming damages for alleged trespass or nuisance. Tho parties were: Harry Bennett Kennerley, settler, of Wellington, plaintiff, and Louisa Jane Seddon, widow, of AVellington, defendant. Mr. E. K. Kirkcal'lio appeared for plaintiff, and Mr. D. M. Fiudlny for defendant. Some details of the claim and defence were published on Saturday. The parties are neighbouring land-owners in Molesworth Street, and the plaintiff (Kcnnerley) alleges that the defendant (Mrs. : Seddon) or her predecessors in title had, by depositing earth against the wall of his stable, weakened the structure, causing it to leak and admit water. Ho therefore sued for £25 as damages, and asked tho Court to grant"an injunction restraining tlva defendant (Mrs. Seddon) from continuing the alleged trespass or nuisance. Several witnesses had been heard on Friday, and fiu'thcf evidence was tendered yesterday. Hearing had not coneluded "when tho Court adjourned until j 10 a.m. to-day.