LAW AND POLICE

New Zealand Herald, Volume XVIII, Issue 6271, 22 December 1881, Page 3

LAW AND POLICE

I SUPREME COURT. —Is BANCO. Wednesday, 21st DcCembek. [Before Mr. Justice Gillie 3.] His Ho.vok took his seat on the bench at 11 a.m. ! Leases axd Settled Estates Act.—This : was an application by the Attorney-General on behalf Jane Fairburn, widow of the late W. T. Fairburn, of Symonds-street, and Mrs. A. Bennett, her daughter : the former interested under the v ill of her late husband as the possessor of the life estate ; the latter as entitled to the reversion, and her children as residuary legatees. The application was for power to sell and dispose of for building purposes a parcel of laud fronting Symondsstreet. Affidavits wereread by Mr. W. Aitken and Mr. R. Arthur, purporting to show that this mode of dealing with the laud would improve the value of the estate. It was stated that the income at present derived from the land was £12 a year, and under the arrangement proposed, it would be worth between £3000 and £4000, producing a rent of £250 a year. His Honor was empowered in terms of the Act to " authorise the dedication and laying off streets." All persons interested were parties to the application. —His Honor in granting the application said that it appeared to the Court the streets laid off on one side of the land according to the plans, were much too narrow. He thought, considering the proximity of the land to a very populous part of the town, there should be no street laid off less than a chain wide.—-The Attorney-General : Very well, your Honor; we must take the order subject to that direction.

Jones v. Okaiict Road Board.—This was a motion to make absolute a rule nm obtained by the plaintiff, calling on the defendants to show cause why a claim to compensation allowed to go by default, and therefore equivalent to a judgment of the Supreme Court (when filed in the Court), to be set aside. The ground upon which the rule nisi was obtained was that the alleged damage, on account of whicli compensation was claimed, was not such an injury, as the Public Works Act provided this lemedy for. It was alleged that it was another person's land that was injured by certain land being cut away ; but this cutting away took also away the right of the plaintiff to require his neighbour to fence adjoining land. —Mr. Coleman showed cause against the rule.—■ Mr. E. Hesketh was heard in support of the rule.—Rule made absolute, with costs.

Mack.ae.l vne v. Reed's Trustee.?.—The facts of this case have been stated at various times. The potitioner is Mrs. Mary Ann Macfarlane, widow of the late John Sangster Macfarlane, praying the Court that it would direct that commission payable to her late husband as executor, out of the estate of the late Captain Reed, of Poverty Bay, should be paid to her. Mr. E. Hesketli appeared for the petitioner; Mr. A. E. Whitaker appeared for Mr. T. E. Bloomfield (the residuary legatee); Air. Cotter appeared for Mr. J. F. Clarke, one of the trustees under the will; Mr. Coleman appeared in person as a trustee.—His Honor, before the case was opened, said lie f«lt bound to take some of the affidavits oft' the file. The deponents offered their own opinions on matters which the Court had to decide. Oae says he feels that the said "J. S. Macfarlane was entitled," on account of his services to the estate in his capacity as trustee. Another considered him " honestly entitled," 011 account of his "great anxiety and trouble." Another says he is "supported in his opinion by the feeling of the public at Gisborne aforesaid aiid its neighbourhood." Such affidavits appeared to be an insult to the Court. It looked very like ail attempt to bring to bear pressure upon the Court, which as long as lie sat there lie would resist. —Mr. K. Hesketli : I cannot think that there was any desire to bring pressure to bear upon the Court in any way, or that there was any desire to treat the Court with contempt. The deponents might have thought that the Court would be glad of all the information in their power to give.—His Honor : No doubt, but they have expressed opinions upon the matters which the Court had to decide. One person says he " judges" that it was so. No doubt tliis was manifestly done through ignorance, but it was a matter o£ which the Court must takeflcognizauce, that it might not become a matter of practice.—Mr. A. E. AVhitaker said that under the Administration Act 1579 (sec. *20) commission could be claimed only upon passing accounts. Here the accounts had not been passed, and the Court was asked to dispense with passing tliem under circumstances alleged. He also applied that certain of the affidavits should be taken oil' the files of the Court for the reasons stated by the Court.— His Honor thought lie would not be able to fix the rate of commission until the accounts were before the Court. The rate of remuneration would depend upou special circumstances in some cases. —Mr. Cotter said the respondents did not object to the order proposed to be made by the Court, but they did not waive the result of any question of law, as to whether the case of the petitioner came under the Administration Act of 1579. —Air. Whitaker said that Mr. Macfarlane died before the Administration Act came intoforoe at all (Australian Jurist, re MeEwen, deceased, re G. Rolpli, deceased.) — Mr. Cotter was heard 011 the same side, and 011 the point, whether the executor, Mr. Macfarlane, as a quasi officer of the Court, must submit himself to the Court, and not doing that (being deceased), whether his executor could apply for commission.—Mr. Coleman was also heard on the above points. —His Honor was of opinion that Mrs. Macfarlane had a status to make the application. The Court rose at 4.1)0, and will resume at 11 a.m. Thursday.

POLICE COURT.— Wednesday. (Before Messrs. 11. Baker anil W. J. Hurst, Justices.) Drcskexxess. —William McGourlay for a third offence of drunkenness was sentenced to one month's imprisonment with hard labour. One woman and one man were punished for ordinary offences of drunkenness.

The Robbkriks from Mk, A. H. Nathan. —John Ormstein was charged with stealing two bags of sugar, value £1 ISs, the property of Arthur H. Nathan, on the 2Sth of September. He pleaded guilty. He was then charged with stealing on the 20th of October a case of pickles, one case of salmon, value £4 17s 6d. He was further charged with stealing two boxes tea, one box mustard, value £.">. He was then charged with stealing a case of port wine and a case of sherry wine, value £-1, on the 26th November. To all these he pleaded guilty. Accused was then charged with having on the 20th November stolen a case of whisky, a case of brandy, and a box of cigars, value £9 14s Gd. This being an indictable case the evidence had to be taken. .Mr. Pardy said the prisoner, for the last teu months, had been storeman to Mr. Nathan, and took advantage of the confidence bestowed in him to rob his emploj'cr, and sell his goods at a mere nominal price. It was sometime before Mr. Nathan found this out. but when he did the prisoner made a clean breast of it. He called Arthur Hyam Nathan, a merchant carrying on business in Queen-street, who deposed that the accused had been storeman in his employ for ten months past, and as such enjoyed his confidence. He had to aeceive all goods received into the warehouse, and deliver all orders when directed to do so. He had no authority to sell or dispose of goods. All sales had to be effected

through the office. Before delivering goods to anyone prisoner had to obtain a written authority from the office, and without that authority he had no right to deliver goods out of the store. He did not, in the month of November, authorise a case o£ whisky, a case of brandy, and a, box of cigara to be delivered to Mr. Martin, of the Park Hotel. Accused had no authority to deliver anything to Mr. Martin. Mr. Martin had no account at his store, and never purchased anything from witness. The case of whisky had his importing mark on it. The brandy was i ease which had been returned to him by Mr. Ehrenfried, instead Ot one he lent, and it bore Ehreufried's im~ portina mark. The case of cigars was simi: lar to some he had in stock, but he could not swear positively to this case having been his property. The value of the cigars was £-11.35, the case of whisky £2 12s, and the brandy £3 Ss. Those were the wholesale prices. John William Inskip, licensed porter, deposed that he knew the accused as storeman at Mr. Nathan's. He came to witness on the stand about the middle of and said lie wanted a load taken to the Park Hotel, and he agreed to take it, and by his directions went to the back of Mr. Nathan's store, the usual place for delivering goods. Prisoner gave him two cases similar to those before the Court, and a box of cigars. Witness asked him for a receiptbook as usual, but prisoner said, " Never mind the receipt-book; it would be all right." He would get it signed for, and said if Mr. Martin did not pay ivitness he would do so. He afterwards met the prisoner, who paid him 2s. Sergeant Gamble deposed that he got the two eases and cigar box from Mr. Martin at the Park Hotel, and saw the accused afterwards, and charged him with this oii'encc amongst others. He stated that he gave them to Mr. Martin. He pointed them out, and told witness they were Mr. Nathan's goods; that he had sent them to Mr. Martin; that lie had no authority to give them, and that he got £ 1 a case for them, and used the money for his own purposes. The evidence was then read over to the accused, who pleaded guilty voluntarily, after being informed that if he did so the Bench could dispose of the case. Prisoner was then charged with stealing two cases of whisky, one box of pickles, valued £6 9s Gd, the property of Arthur H. Nathan, on or about the Ist of December. This case was similar to the last. Mr. Nathan gave evidence to the effect that he had never authorised the delivery of these goods to Mr. Martin of the Park 11ot.-l He recognised the cases in Court as having come out of his warehouse. The value of the whisky wa3 £5 2s, and the pickles £1 12s lid, wholesale prices. J. W. Inskip gave evidence as to having been employed by prisoner to deliver these goods to Mr. Martin at the Park Hotel. On this occasion lie was paid by a woman in tiie bar when he delivered the goods. Sergeant Gamble deposed to having received the pickle case from Mr. Martin, the other came from Mr. James Martin of the Wade, the third case had not been found* Prisoner admitted having sent the three cases to Mr. Martin's hotel by Inskip, that lie had no authority, but that he got £1 a case for them, and converted the money to his own use. The evidence was then read over to the prisoner, who pleaded guilty, as in the former cases. There was a further charge against the prisoner of steal ing a case of potted beef, a bag of sujar, a box of tea, and a box of candles, valued at £6 2s 9d, on or about the Ist of November. In this case Mr. I'ardy asked for an adjourn' meut until Friday next, and asked the Bench to suspend judgment in the other cases to that date. The adjournment was granted.

R,ecl ivinc: Stolkn Goods.—Four cases of receiving stolen goods from the prisoner, and two charges of larceny, preferred against Richard Best, were on the application of Air. Tyler remanded till Friday ; and three charges of receiving stolen goods preferred against C. A. Martin were, on the application of Mr. S. Hesketli, adjourned until Saturday. ONEHUNGA POLICE COURT. Wednesday. [Before Mr. J. Roberton, J.P, and Captain J. Gordon, J.l\] Drcxicf.n'.vess.—One man pleaded guilty, and was fined 0s and costs. Education Act.—Thomas AloQuoid was charged and pleaded guilty to not allowing two of his children to attend the public school. He explained the reason, and said he taught one of them himself, but, promising to send them after the holidays, the Court made out the order required by the Act, with costs 7s. Henry Parsons, also charged with neglecting to send two children to the public school, pleaded not guilty. Sergeant Greene proved tlic case. Defendant deposed: The boy is 13 years and a-halfold, and is well educated. I have been working long hours from home, and I kept the boy from school only sincc last October, to bring my meals. I am now going to apprentice the boy, who is sufficiently educated. As to the girl, her mother had been lately confmed, and the girl was needed at home. The Court adjourned the case for a fortnight, as to the boy, for the production ef certificate. All order must issue for the girl to be sent to the public school. Costs, 7s. Daniel Geary did not appear to answer a similar charge for one boy. Sergeant Greene proved the case. The mother explained that the boy was fourteen years of age, and was a good scholar. She could not produce a certificate, as they bad only been six years in the colony, and the boy was eight years old when they arrived. Sergeant Greene believed the boy was not more than ten. The case was adjourned for the production of the boy.

Civil Casks.—Fitzgerald v. Lusher, claim £-1 19s. Medical attendance. Judgment confessed. Ordered to pay 2s Gd a week.— Gray v. Luslier, claim £3 12s, for carting timber and bricks. Judgment for plaintiff costs lis.—C. C. Fleming v. 11, O'Xiel ; claim £2 10s for damages done by his goats to trees in [.the public school grounds. C. C. Fleming, as Chairman of the Public School Committee, deposed that the committee planted trees. Twenty trees had been destroyed. I have seen defendant's goats at the trees. Ido not know the goats very well. I'. Clark, Secretary of the school committee, deposed : -IS trees had been planted. A great many had been destroyed. The land was fenced, and tlie trees protected. About 40 trees are damaged by goats. Cattle are not allowed inside the fence. \V. Lyeed depose! : The fences round the ground and trees are secure. I have seen goats on several occasions inside the fence. Defendant's children took the goods away. I cannot awcar that I saw the goats eating the trees. A. Grant deposed : I have seen goats ill this ground nibbling the trees many times, and have seen defendant's children driving the goats out. I hail permission from the committee to graze the ground with my cows. They did 110 damage. Other cows have occasionally been put through the ground into my paddocks. I have seen other goats in the ground beside defendant's. Judgment for plaintilF; damage, 20s and costs. [There not being any resident Justices oi the Peace in the town of Ouehunga, one had to he fetched from Mangere and one fromOtahuhu to hear these cases in the absence of the R.M.] —[Own Correspondent.]

Mr. Ellery, Government astronomer of Victoria, has been requested by the Minister of .Education to prepare an elementary textbook on astronomy for use in the State schools, with the planisphere lately published.