LAW AND POLICE.

New Zealand Herald, Volume XXXVII, Issue 11430, 21 July 1900, Page 7

LAW AND POLICE.

MAGISTRATE'S COURT.-Fmiht. (Before Mr. H. W. Brabant, S.M.) ■ Orders were made on the following judgment summonses:-James Cater (Mr. Baxter) v. Arthur Watson, ordered to pay £9 Is by instalments of 10s per month, in default 14 days' imprisonment; Touson Garlick and Co. v. S. W. J. Dean, ordered to pay £8 Is lid within one month, in default 14 days' imprisonment; 11. and W. Hellaby (Mr. Raster) v. J. Keir, ordered to pay £3 63 lOd within 14 days, or in'default 14 days' imprisonment ; John Olson (Mr. Brookfiold) v. A. W. Mundy, ordered to pay £31 Is 6d by instalments of £10 forthwith, and 10s per month thereafter; John Olson (Mr, Brookfield) v. David Dimningham, ordered to pay £41 5s by instalments of 10s per month, or in dofault 14 days' imprisonment; McLeod Brothers (Mr. Baxter) v. P. McDonald, ordered to pay £2 by instalments of 5s per fortnight, in default 14 days' imprisonment. I Defended Caso: Geo. Church v. J. J. Hoi- ; land and others, trustees of tho Loyal Fouti- 1 tain of Friendship Lodge of Oddfellows, j M.U. This was a claim of £46 for arrears I of sick pay. Mr. McGregor appeared for j plaintiff, and Mr. Cooper lor the defence. Plaintiff had been drawing sick pay from the ' lodge from May, 1887, to March, 1892, at | the rate of £1 per week, and from the latter month to Juno 21, 1899, at the rate of 10s per week, and was allowed to follow light employment in accordance with a resolution of tho Order. The resolution allowing him to follow light employment was rescinded, and he appealed to the Grand Master and Board of Directors in England, but the action of tho lodge was sustained. On tho plaintiff continuing his calling, tho payments had ceased to be made. The defence was that the Court had no jurisdiction in tho matter, becauso the dispute had already been settled in accordance with tho rules of the Order, and counsel quoted several English cases where the courts had refused to interfere in sucli cases, and further submitted that there was no cause for action against tho lodgo under the ndes. On the other hand, it was argued that the Court had jurisdiction in the matter, because tho dispute was not tho preoiso one on which the plaintiff appealed, and that tho fact of the plaintiff keeping a shop did not under the rules deprive him of his right to sick pay, but only rendered him liable to be fined by his lodge. or expelled, as provided in tho rules. His Worship in giving judgment said that tho question he was asked to decide was the same that had already been arbitrated in accordance with the rules of the Order, and theroforo the Court had no jurisdiction. If a judgment was given for the plaintiff, it would place him in respect to his claim from Juno, 1898, to date, in the same position as if he had won his appeal, instead of having lost it, and if the Court had jurisdiction, His Worship would say that tho plaintiff had not proved his case, for tho reason that there was no valid reason in the rules to support the contention that tho lodge could not rescind their resolution of March, 1892, and he had persistently disregarded rule 17 of the lodge. There was nothing in the evidence that, the lodge wished to shirk their liability. Plaintiff must be nonsuited. Mr. Coopor said that if plaintiff's counsel would agroe to judgment for defendants being entered, ho would waive his right to costs, and this was accordingly done. POLICE COURT NEWS. Mr. T. Hutchison, S.M., was tho presiding magistrate at the Police Court yesterday. Drunkenness: Three first offenders wcro discharged after being duly cautioned, and Kate MoManus, an old offender, was fined £1, or in default sentenced to seven days' hard labour. Riding on tho Footpath: James Cootes, for riding on the footpath in Stanley-street, and Alf. Cole, for a similar offence in Manukau Road, were each fined ss, and costs 7s. Revolting Cruelty: Two boys, Fredk. Tucker and Thos. Hunter, woro convicted of cruelly ill-treating a horse. The evidence showod that tho boys had chased tho horse, pelted it with sticks, and beaten it so severely that it foil down and died where it fell. His Worship said tho case was a bad one. 'Hie poor beast was evidently in a dying condition, but the boys would not lot it die in peace, and when two gentlemen remonstrated with them for their onielty they made an impertinent reply. Ho would lino them each £1, or in default seven days' hard labour. No Light: Alexander Schultze, licensee of tho Governor Browne Hotel, was fined 10s and costs for neglecting to keep the light over his hotel door burning during the night. Maintenance Cases: Elizabeth McCarron was granted a separation order against her husband Wm. Ed. McCarron, who was convicted of desertion, and ordered to como up for sentence when called on. He was further ordered to pay £1 a week toward his wife's maintenance, and to find a surety of £25 for his obedience to the order. In an adjourned case, Rebecca Marlborough V. Walter Chas. Marlborough, a separation was agreed to, and an order for £1 a week toward tho wife's maintenance made by consent Mr. Brookfiold represented tho wife.