LAW AND POLICE.

New Zealand Herald, Volume XXVII, Issue 8268, 29 May 1890, Page 3

LAW AND POLICE.

SUPREME COURT.— Banco. Wednesday. (Before His Honor Mr. JuaticeJConolly.]

Colonial Union Co. Appellants, Common, Shelton and CO., Respondents.—Case ON Appeal. — This was an appeal from the decision of the Resident Magistrate at Gisborne in an action brought by the respondents against the appellants for the value of certain goods lost in course of transit between London and Gisborne. The case was argued at the last week's banco sitting by Mr. Button, who appeared for the appellants, the respondents not being represented. The appellants were the charterers of the ship Claremonb, and the respondents merchants in Cisbonno. The goods were shipped by the Claromont for Wellington, and transhipped by one of the Union Company's steamers for Gisborne. A portion of the consignment was brandy, which disappeared altogether, and the other portions consisted of wire and red lead, both of which were short delivered. The R.M. hold that the defendants, as charterers of the vessel, were liable, and that the master acted as their agent as woll us agent for the owners in signing the charter party. The defendants m the action appealed on the contention that the master was agent for the owners, and that the owners were the only persons liable. His Honor now delivered judgment, and said that the Resident Magistrate at Gisborne hold that the charterers were responsible. But the charter party was an element in the case, and must be looked into. The bills of lading were signed by the master's agents, and no question was raised on that ground. But the bill of lading stated that the goods were to be transhipped to Gisborne at the charterers' expense, and there was nothing in the document itself to show whether the master signed for the owners or for the charterers. The inference to be drawn from the bill of lading was that there was a domise of the ship, although there was no such demise. Had there been the charterers would no doubt be liable. It was evident that some of the goods had not been sent to Gisborne at all, for the wire and red-lead were short delivered, and there was nothing to show when or where they had been lost. The material parts of the charter party were that the stowage had to be done by the owners to whom freight had to be paid, and they had to pay all charges. The charterers had to complete the loading on a given date, and the charterers' responsibility then ceased. The owners undertook to give receipts, md to supply daily particulars of goods received, and the captain was to sign bills of lading. The question the Court had to .lecido was whethor the charterers were equally liable with the owners. The respondents might have sued the owners, and had they done so there could be no defence to the action, but they could have no knowledge of the charter party, and it was for the charterers to have shown that there was no demise of the ship. His Honor referrod to the cases cited in argument, and said that ho was of opinion \ that whatever the rights of the appellants and owners were as between themselves, the appellants were responsible to the respondents, and the judgment of tho Resident Magistrate was right. The appeal was therefore dismissed, but without costs, as the respondents did not appear. Edward Earl (Appellant), Vekcoe (Respondent)— Cask on Appeal. — Mr. Alexander appeared for the appellant, and Mr. Thome for the respondent. This was an appeal from the judgment of the Resident Magistrate at Tauranga, under the following circumstances :—Stephen Earl, father of the appellant, became bankrupt, and certain cattle and horses thou in his possession, were sold by order of the Official Assignee, and purchased by Mr. Vercoe. They were seized by the appellant, Edward Earl, who claimed them as his property, and Mr. Vercoe brought an action in tho Tauranga Resident Magistrate's Court, and obtained judgment. The defendant in the action appealed on the ground that the animals were never in the order and disposition of the bankrupt with the owner's consont, ami that therefore no property in them could pass to the Official Assignee, and that the order of the Court of Bankruptcy was therefore invalid. The case was argued on tho '21st inst., and His Honor then reserved his decision. He now delivered judgment. His Honor said the appellant brought evidence, and apparently true evidence, that he was the owner of the cattle in question, but the Resident Magistrate's judgment was silent as to whether or not he had established his property in them. He held that the order of the Court of Bankruptcy was in forco, and upon that he based his judgment. He (His Honor) held that the order of tho Court of Bankruptcy was in force. The Court of Bankruptcy must have had some evidence that the caltlo were in tho order and disposition of tho bankrupt, with tho ownor'n consent, before issuing the order, and if the order was wrong the owner had his romedy. He could have applied to have tho order set aside instead of taking the law into his own hands and seizing tho cattle. The appeal was dismissed with costs, £7 7s. Kaihu Valley Railway Company v. Mr. John Owen.— In the matter of the Land Transfer Act, 1885, and of a mortgage from tho Kaihu Valley Railway Company to John Owen. Mr. Theo. Cooper moved for an order in terms of notice of morion and of certificate of Court of Appeal. .Mr. Alexander, who appeared for Mr. Coopor, askod that this ease might be taken on Friday after chambers, as tho certificate of tho Court of Appeal had not arrived. His Honor said the certificate had arrived. Mr. Alexander said the parties wore not aware of it, and Mr. Cotter, who appeared for the company, was not present. His Honor said he would take the application in chambers on Friday.

LICE CO U RT. - Wednesday. (Uefore Sir William Vox, J.P.j

Dkonki-.nnk.ss.— E. Richardson was fined £1, and ordered in default to bo iirir prisoned for 48 hours with hard labour for this ofloiioc. James K. Reynolds was fined £5, with an alternative of 14 days' imprisonment with hard labour

[Before Dr. Giles, R.M.I

Destitute Persons. A charge against William Suiter, of having failed to support his wife and three children was dismissed. Two cases in which Henry A. McQuinness and J. A. McGuinness wore charged with having neglected to comply with an order of the Court that they should support their mother, were adjourned until the 31st instant.

Tire Liability of a Native.—Alfred Packets VVarbrick, the well known Rotorua guide, was charged with having failed to comply with an order of the Court that he should maintain his wife and children. Mr. Cooper, who appeared for the defendant, said he would contend that the order could nob be enforced against a native : but he asked that before arguing that point, the evidence of the defendant should be heard. Warbrick was accordingly called, and deposed that he was a half-caste, belonging to the Arawa tribe. He went home with the Maori team of footballers who visited England. He had instructed his partner to givo his wife money during witness' absence from tho colony, but he had given her only £5. Since witness returned, in August last, business had not been flourishing. Witness admitted that he had not seen his wife for years before he saw her in Court that day, and that he was living with a Maori woman. He was examined at some length as to hia means, and said he could get no work at his trade as a shipbuilder. He had certainly visited Auckland during the Jubiloo celebrations, but as the guide of some tourists, who paid his expenses. The land owned by him and tho woman living with him was native land, and they could not sell it. He did nob own racehorses; he had one or two horses for business purposes. Mr. Strathern, visiting officer of the Hospital and Charitable Aid Board, deposed that he had seen Warbrick at Rotorua on the 29bh of October last year, and spoke to him about his means. Defendant then aaid to witness that he was earning from £200 to £300 a year. Warbrick was the chief guide at Rotorua, and a great man. He lived in the chief whare in tho place, and had a comfortable home. Warbrick had travelled first-class when on his way to Auckland in January last, and when witness spoke to him about it he replied that he always did so. VVarbrick had always upheld the character of his wife, and admitted his own faults. The ease was adjourned until Saturday, when the liability of the defendant as a native will be argued.