LAW AND POLICE.

New Zealand Herald, Volume XXXIV, Issue 10507, 29 July 1897, Page 3

LAW AND POLICE.

SUPREME COURT.— BANOO. Wednesday. (Before His Honor Mr Justice Coaoltj.) ARBITRATION AWARD.

In the case ol Robert Sims ▼. John Smythe, Mr. Parr, who appeared for the plaintiff, applied under the Arbitration Act of 1890 to hare the award of Mr. Shepherd entered as a judgment of the Court Mr. Campbell, defendant's counsel, said he was unprepared to deal with the matter, and would to ask for & remand. His Honor said he had only decided to hold a Banco sitting when the Syrian's case came to a conclusion, so no doubt counsel had been taken somewhat by surprise. He would, however, endeavour to hold another sitting before he left for Gisborne. Counsel said Monday would suit them both and the case was adjourned to that day, to come on after the bankruptcy sitting. MOTION FOR PROHIBITION. In the matter of John Falvey against the Warden and William Tregoweth, Mr. Jackson Palmer moved to prohibit the Warden from granting the Ocean Beach special claim. This application was made in connection a caseFalvey v. Tregoweth (appeal), which it was held the Supreme Court could not hear, as there were tire claims and only one notice had been filed, and only one £20 had been lodged. Mr. Palmer said Mr. Cotter, counsel for the other side, was away from town and applied for an adjournment. He mentioned that the Warden was anxious to have the matter settled in order to determine a number of other cases. His Honor said it appeared to be purely a matter ot law, ii.imi.-iy, whether having granted one extension the Warden had the power to grant other extensions. This case was also adjourned to next Monday. CLAIM FOR GOODS SOLD AND DELIVERED, His Honor gave judgment in a case Herbert Charles Himchard v. Tanfield, Potter, and Co., china merchants, of Queen-street, Auckland, claim £227 3s lid, for a shipment of glassware sold and delivered to the defendants by plaintiff (a retired importer) at the end of last year. When the case was before the Court last week Mr. Campbell appeared for plaintiff, and Mr. S. Hesketh for the defendants. The defence wis a denial of the agreement of sale sworn to by Hanchard, and it was alleged that defendants had only agreed to dispose of the goods on Hanchard's behalf. To take the judgmeut plaintiff's counsel appeared, and Mr. Clayton represented Mr. Hesketh. His Honor said, in adjourning judgment for further consideration he had not any doubt at the time iu whose favour that judgment should be giveu, but he desired to examine the evidence. The conflict of testimony was most unusual, and allowing for the fact that the events happened some time ago, it did seem to him that there were unnecessary discrepancies. After reviewing the facts at length, his Honor said he was of opinion the plaintiff had proved the sale and delivery of the goods to the defendants. Judgment was entered for £2*27 3s lid, with costs on the middle scale, and an allowance of two extra days at £15 15s per day. His Honor also allowed £2 2s, cost of summons for inspection, and £2 2s cost of summons for discovery. POLICE -Wednesday. [Before Mr. H. W. Brabant, S.M.J Drunkenness.— Govern was convicted for this offence and fined 10s, in default 48 hours' imprisonment. Larcenv.— Murray, aged 11, pleaded guiltf to a charge of stealing one pair of shoes, value 4s lid, the property of Thos. Moor. Ada Murray, aged 9, pleaded guilty to a similar offence. The children had been under the care of a married sister, Mrs. May, who said she was unable to control them. His Worship ordered the children to be sent to the Industrial School until they attain the age of 15 years. James T. Gamble was charged with stealing one crayfish, worth Is 6d, the property of Frank Williams. Accused pleaded not guilty. Evidence was given by Joseph Williams, and by Constable Fraser, who arrested the accused. Accused was convicted and fined 10j, or in default seven days' imprisonment. Fighting.—Elizabeth Dohertj and Annie Moody were charged with fightiug in Queenstreet. Accused pleaded not guilty. The constable who arrested the accused deposed that they fought in the watchhouse after. being arrested. Convicted and discharged, on the understanding that they returned to their home at Riverhad. A Stowaway.— Ferri was charged with travelling from Sydney to Auckland without a ticket. As arrangements had since been made with the purser for the payment of the fare, accused was convicted and fined ss.