LAW AND POLICE.

New Zealand Herald, Volume XXIII, Issue 7828, 23 December 1886, Page 3

LAW AND POLICE.

SUPREME COURT.—Ik Ba»co. Wednesday. [Before His Honor Mr. Justice. Ward.l Admission to the Bab.—Mr* Oliphant moved that Mr. George Miller Johnston, be admitted a solicitor of the Supreme Court of New Zealand. The necessary affidavits were put in, and being satisfactory, Mr. Johnston was duly sworn in and admitted as ■ a solicitor. Walk kb and others v, McKay and others.- Mr. Brookfield moved for a writ of injunction in this case. The action was to restrain the defendants from > outting and removing timber. Notice had been given, bat the defendants took no notice. His Honor granted the injunction, and Mr. Brookfield applied that the injunction should not only inolude cutting and removing the timber, but to prevent them from removing and selling the timber already removed. Moat of the timber was already out. A portion was alongside the railway station, and some still in the bush. His Honor gave the order as prayed in reference to the timber on the laud. Oaebs v. Tolb and Others—Mr. Buckland moved for a writ of injunction in this aotion. Mr. Buckiand said he had not had time to make himself acquainted with the proceedings, Mr. Cotter said he appeared for the defendants, and it seemed to be a curious position that they had no notice whatever. Mr. Buckland said the plaintiff was in rather a peculiar position. The plaintiff had not been able to get legal assistance. It appeared he had been adjudicated a bankrupt, but he denied that he was a bankrupt, and said no creditors appeared against him, so that all he knew of the matter was from a paragraph he saw in the papers, and the Official Assignee should have protected the property. Mr. Cotter said the defendants had been 20 years in undisturbed possession of the property. His Honor suggested that the case be adjourned till January, and that each side have leave to file affidavits. Finally the application was adjourned until the first Banco sittings after the civil sittings in January. Official Assignee v, Holman.-—This was a matter which was adjourned for argument. Mr. Cotter appeared for the Official Assignee, and Mr. Theo. Cooper for the defendant. The facts of the case have already been published when the case was previously before the Court. The husband of the defendant, Henry Robert Holman, had transferred to her oertain lands prior to his bankruptcy, and the present application was that she be ordered to deliver np the certificate of title of the land, and the questions for argument arose out of the evidence. Certain facts were admitted, and the question of law was whether at the time of the transfer Henry Robert Holman was not in debt. After hearing counsel on both sides His Honor gave judgment for the defendant, with costs on the middle scale. POLICE Wednesday. [Before Messrs. H. O, Seth femith, R.M., L. J. Rhrenfried and C. D. Whttcombe, J.P.s.] Drunkenness. — Three persons were punished for this ofleuou. Youthful Thievss— Jamea Irvine (11) and Walter Wellington (10) were each charged with stealing a pookethandkerchief valued at 2s 9d, the property of Turley and Abbott, Ponsonby. The aooused pleaded guilty. The Bench ordered the offenders to each reoetve six strokes of the birch rod. Licensing Case. — Charles Helander, licensee of the Thames Hotel, was charged with a breach of the Licensing Act by selling liquor, beer, to Henry Pilinger on December 19. Adjourned till Friday as defendant's counsel was unable to appear. 111-treating a Dog. -Samuel Robinson was charged on summons with ill-treating a greyhound bitch, the property of —Fletcher, by kicking her on the side, and doing damage to the value of £5 on November 29. Mr. 6. N. Brassey appeared for the >ooiety for Prevention of Cruelty to Animals, and on his application the case was adjourned till next day (Thursday). The Bicycle Cask,— the information against Edward Denize for riding on the wrong side of the road on the Epsom Onehunga Read, His Worship the R.M. delivered judgment. Mr. A. p. Dsvore appeared on behalf of Mr. Theo. Cooper for the defendant, His Worship said, in this case, he had reserved his decision on account of some conflicting decisions given in similar oases in England. He was fully satisfied that the defendant had committed a breaoh of the section by riding on the wrong aide, but he was in doubt whether a bicycle was a vehicle. Upon a decision in England, in which it was held that a bioyole was a machine, which was iriven with some force, and it was held that it was driven furiously. He, therefore, held that all machines or anything driven by motive power on a road, at a rate of 14 miles an hour, came within the section of the Act. His Worship then quoted from another decision under the English Acts of Parliament, which he said were somewhat opposite to each other. Turning to the New Zealand Act he took it that a bicycle came within the meaning of being a vehiole, as it was corresponding to the carriage provided for in Act of William IV. which dealt* with the rule of the roa i, While the word " bioyoie" was not inoluded in the Aot of William IV., yet it was provided for in the Publio Works Act, and therefore he would bold it was a vehicle, and impose a fine of 5s and costs upon the defendant, the costs amounted to £4 13s.