Permanent link to this item
THE COURTS-TO-DAY, Issue 15655, 20 November 1914
.SUPREME COURT—IN BANCO. (Before His Honor Mr Justice Sim.) His Honor sai, this morning to hear the case of Barry v. Barry and others, an originating summons to decide in whom certain trust properties are invested. Mr J. B. Galhm appeared for the trustee of the estate, Mr J. S. Sinclair (on behalf of Mr J. F. M. Fraser. K.C.) _ for the Public Trustee (representing missing beneficiaries), and Mr Hanlon for the next-of-kin. The point raised was primarily as to the presumption of the death of James F. Barry. The last admittedly authentic letter was received from him in 1883, hub in 1887 a communication came to the father, of which he had doubt that it was his son’s. —His Honor held that there was sufficient evidence to presume the death of Ellen Barry, and of James F. Barry without issue prior to the date of his father’s death. In the result, the residuary trust property vests in Mary Barry, as the only child' of the testator living at the death of the testator's widow. IN CHAMBERS. Sitting in Chambers later, His Honor granted probate in the estates of John Kennelly, Albert Ontram, Margaret Daweon M’Robie, and John Corbet. In the case of Patrick LaSey, deceased, a caveat had been lodged, and the cavea-
In ve Donald M'Leod, deceased. a motion for direction as to service, an order way granted in terms of the motion. CITY POLICE COURT. (Before J. R. Bartholomew.', E»q., S.M.) Drunkenness.—Albert Jackoon and a first offender were each lined. 6s or 24 hours’ imprisonment. . Vagrancy.—Sarah Freeman was charged with being an idle and disorderly person, having insufficient lawful means of support. —Senior-sergeant Dart said that accused was convicted on five charges of theft, and was ordered to come rrp for sentence when called on on condition that she went to the Salvation Amy Home, but she had not remained there long.—His Worship said that there was certainly a doubt as to the woman’s mental condition. The matron had agreed to take her back in the meantime pending a medical examination. —Accused was remanded for a week. Sunday Trading.—Margaret Ward'law was charged with keeping open a shop on Sunday for the purpose of trading.—Mr Lemon appeared for defendant, who pleaded not guilty.—Senior-sergeant Dart said that defendant kept a small shop with tea rooms at the back. Sho sold soft drinks over the counter of her premises.— Constable Lynch, gave evhlence.—Mr Lemon said defendant had not- intended to do anything more than carry out her tea rooms business. On the day in question the tea rooms were crowded, and two young men who declined to go into the roams were served at the counter, where people were in the habit of paying on coming out. It was generally admitted in Hew Zealand that tea rooms might bo kept open on Sunday.; —The Magistrate: Do you suggest that this particular place could do what it did, and yet a temperance bar would have to dose?—Mr Lemon said that the exception related to works of necessity, and he submitted that a temperance bar in that sense would come within the ex-ception.—Senior-sergeant Dart paid that he would like the case to be treated as a test case. There were numerous other places, and if a conviction followed in this case proceedings would be taken against the other's.—The Magistrate intimated that he would fake time to consider Iris decision-
A Nuisance.—Augustus Wesnesky was charged with permitting a drain to become a nuisance.—lnspector Donaldson said that the nuisance had now been abated.—Fined 10s and costs (7&). By-law Case—For allowing cattle to wander on the Upper Portobello mid William Stewart was fined 5s and costs (7s), Overcrowding.—Percy James Blackman, manager of tho New Queen’s Theatre, was charged with permitting others than servants to stand in the passages of the theatre.—Mr A. C. Hanlon appeared for the defendant, who pleaded guilty.—Mr M‘Gregor, who represented the City Corporation, said that on Saturday night, the 51st of October, a. considerable number of persons were allowed to Stand in the passages of the auditorium duriug the performance. It was the practice in all the theatres to allow a certain amount of overcrowding cn Saturday night, and this practice had to be stopped.—Mr Hanlon said that it was impossible to prevent people standing, because they were going in all tho time.—His Worship inflicted a fine of 40s and costs (365). Affiliation Case.—A girl, for whom Mr W. L. Moore appeared, applied for an affiliation order against Campbell Ireland, whom she altered-was the father of her illegitimate child.—Mr A. G. Hanlon appeared for defendant, who denied paternity —After evidence had been called for tho complainant, Mr Hanlon submitted that it, was an outrageous case. He submitted that the story told by the girl was clearly a. parcel of lies, and for various reasons the case should be dismissed.—The. Magistrate held that there whs a case to answer,— Defendant gave evidence.—The Magistrate dismissed tho cnec. POKT CHALMERS COURT. ‘'Before H. Y. Widdowson, Esq., S.M.) Dismissed.—Edward Paris pleaded not guilty to an adjourned charge of failing to register for service as a Territorial.-—-Tne Magistrate was not satisfied that defendant had failed to register, and the case was dismissed. By-law Case.—For driving cattle through tho streets of Port Chalmers during prohibited hours Robert M'Donald was fined 10s and costs (7s). .School Attendance.—For failing to send his child of 13 years to school regularly llichard MTormack, who pleaded the child’s ill-health, but had not obtained an exemption, was fined 20s and costs ,7s).
Launch Equipment. —William Watson and Anton Middendorf were charged with carrying passengers on fishing launches without having the launches adequately equipped with life-saving appliances. Captain Beaumont prosecuted, and Mr Irwin appeared for Middondorf. who pleaded not guilty, Watson also entering a .similar plea.—Mr Irwin submitted that the regulations under which the informations were laid had been repealed, and claimed that the charges be dismissed.—llls Worship upheld lifr Irwin's contention, and advised the prosecutor to withdraw the charges, which could be laid under the new regulations.—Charges withdrawn accordingly.
THE COURTS-TO-DAY, Issue 15655, 20 November 1914
Use these buttons to limit your searches to particular dates, titles, and more.
Print, save, zoom in and more.