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LAW AND POLICE.

SUPREME COURT.—In Banco. Wednesday. [Before Hit Honor Mr, Justice Ward.] Emery v. Sohkrjt and Others, —Mr. Hudson Williamson appeared in support of a motion for an interim writ of injunction in this case. Mr. Button, who appeared for the plaintiff, submitted to the order.being made. The application was made to prohibit the defendants from using cigarette papers similar to those used by the plaintiff. The costs were, by consent, fixed at £15 15s. Admission to the Bar.—Mr. Coleman moved, under the Law Practitioners Act, 1882, that Mr. Richard James Dunne be admitted as solicitor of the Supreme Court. An affidavit was filed showing that the applicant had passed the law and general knowledge examination, and served articles for five years. The order was made. Mr. Coleman also applied that Mr, Dunne might be admitted a barrister of the Supreme Court under the provisions of the Act of 1883. His Honor asked whether Mr. Dunne had paned the barristers' examination, and Mr. Coleman replied that he had not, that it was unnecessary, as the Act under which the application was made provided that, having served articles for five years in a barrister's office, he was entitled to be admitted. His Honor said that would require him to dispense with the examination altogether, but there was no mistaking the meaning of the terms of the Act, and the order was granted. Mr, Mahony then applied that Mr. Malcolm Godfrey McGregor be admitted a solicitor and barrister of the Supreme Court. The circumstances were similar to those of the former application, and the orders were made accordingly. Harrison (appellant) t. Bank of New Zealand (respondent).—Mr. Button moved for leave to appeal to the Court of Appeal. This oase, it will be recollected, was heard recently. It was an appeal from the Resident Magistrate's Court, vVhangarei, where the Bank had recovered judgment on a promissory note. The appeal was on the ground that the promissory note was not duly stamped within the meaning of the Act, the stamp not having been cancelled when the promissory note came into the possession of the Bank, and that its subsequent cancellatien by the Bank was illegal, as they were not the endorsers of the note. His Honor upheld this view, and the appeal from the R.M. was sustained. Mr. Button, who appeared for the Bank, now applied for leave to carry the matter to the Court of Appeal. Mr. Theo. Cooper appeared for Mr. Harrison, and submitted that condi» lions ought to be attached, as it would be admitted that it was not on account of the amount involved the Bank was taking action. His Honor : " Oh, no, Mr. Cooper ; no person ever goes to law on acoount of the amount involved, but only on principle." Mr. Cooper said that he objected on the ground that the Bank was only bringing this action to decide other cases, and second, that there were no grounds for believing that His Honor's decision was wrong. If the bank chose to go to the appeal, let it not be in such a way that Mr. Harrison may be mulcted in costs by an adverse judgment. He held that the costs of the appeal to this Court in the first instance should be paid to the succeisful litigant. Finally the question as to whether the coats ought to be paid by the bank up the present) was allowed to stand over till Friday.

POLICE COURT.—Wednesday. [Before Mr. C. C. McMillan, P.] Drunkenness. — Six persona were punished for this offence. William Adams, charged with being drunk and disorderly, was fined 10s, or seven days' imprisonment; and Fanny Juno, convicted of habitual drunkenness, was sentenced to three months' imprisonment with hard labour. [Mr. S. Y. Collins here took his «eat on the Bench.] Alleged Larobny. — Arthur John Flats was charged with the larceny of four packets of cigarettes, valued 4s, the property of Frederick Coster. Accused was a lad of 15 years of age. This was his first offence, and Mr. Aeston, Probation Officer, submitted his customary report. Accused was liberated under the terms of the Probation Act for a period of six months. Larceny.—Kosina Jackson, on remand, was charged with the larceny of an ulster, neckties, and other artioles of clothing, the property of Mrs. Rachel Basten. Mr. Napier appeared for the accused, and pleaded guilty, tie pointed out that the girl was charged with stealing an ulster very much the worse for wear, some neckties, and a silk handkerchief. The other articles were merely articles of personal adornment, and with this finery, like all colonial girlu, accused had wished to deck herself. The ulster in question had frequently been worn by accused with the permission of Mrs. Basten. The girl no doubt had on a former occasion been before the Court, but the character of the offence with which she was then charged, had shown that she was not a person of strong intellect. She bad further shown this on this oocaaion. Her father was a respectable man, and of his family only the accused and her sister had caused him any trouble. The prisoner bad fallen in with evil companions, and her father was desirous of sending her to Melbourne, where she would be placed under the charge of her ancle, a farmer, and where she would be free from the contaminating influences of town life. Mr. Napier urged that the desired reformation of the girl's character would not be effected by sending her to prison. Sergeant Pratt remarked that on the previous occasion on which accused had been before the Court, her father had been bound over in sureties for her good behaviour, and he had evidently failed \in hi« obligations. The offence was not so trifling as Mr. Napier would have it appaar. The evidence of Mrs. Baaten was taken, and the Bench stated that they were loth to send accused to prison, and they would accordingly give her another chance, reminding her, however, that were jhe to again transgress, she would be severely punished. Prisoner was accordingly discharged—her father being bound over in one surety of $10 for her good behaviour for twelve months, to bring her up for sentence when called upon.

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/NZH18870825.2.7

Bibliographic details

New Zealand Herald, Volume XXIV, Issue 8036, 25 August 1887, Page 3

Word Count
1,038

LAW AND POLICE. New Zealand Herald, Volume XXIV, Issue 8036, 25 August 1887, Page 3

LAW AND POLICE. New Zealand Herald, Volume XXIV, Issue 8036, 25 August 1887, Page 3

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