SUPREME COURT

New Zealand Times, Volume XXXI, Issue 6963, 1 November 1909, Page 7

SUPREME COURT

SATURDAY, OCTOBER 30. CRIMINAL JURISDICTION (Before his Honor Mr Justice Cooper). PRISONERS SENTENCED. A man named John William Chadwick, who had pleaded guilty .to a charge of forgery and uttering, was hi ought up for sentence. The prisoner informed the Court that ho had been very much the victim of circumstances. Ho had, he said, been in responsible positions for a considerable time anil thousands of pounds had passed through his hands. But he had com mitted the offence on account of his 1 necessity. His wife had undergone I four operations within the past sis months and as he was suffering from paralysis of the left arm and a Inns affection had to go to hospital during this year. His Honor said prisoner was at present serving a sentence for committing the same class of offences. On October 11th he was sentenced to twelve months’ imprisonment for forgery, and ho had also been convicted of theft on two occasions. It ho wore convicted again ho would have qualified himself to be declared an habitual criminal. His Honor, proceeding, commented strongly upon the extreme carelessness shown by people in giving blank cheques.to persons of whom they knew nothing, and also of the carelessness of shopkeepers in cashing cheques tendered by strangers without making any inquiries. -;In this case there was little doubt ill- shopkeeper would lose his money, which was the sum of £lO, for ho took.no steps to assume himself Lhat the cheque was genuine, when had he made the slightest inquiry hs would have found that it was a forgery. Prisoner was sentenced to twelve months’ imprisonment with hard labour.

A young man named John James O’Connor was brought up for sentence on a charge of having failed to comply with tho terms of the order upon which he was granted probation cn July 17th last. On that date he was allowed probation on four charges cf forgery and uttering. He was sentenced on Friday last at the. Magistrate’s Court to a month’s imprisonment for stealing £l9. His ' Honor said that Mr Justice Chapman ; had leniently granted probation to' tho prisoner, and now he had pleaded guilty to four cases of , an exactly similar character. After his former lapse he obtained employment with the legal firm of Field, Luckic and Toogood and he had not been there long when he robbed tho firm of £l9. His Honor added that, having conferred with Mr Justice l Chapman on tltematter, ho had decided that the prisoner should have imposed upon him a sentence of twelve months’ imprisonment with hard labour on each charge. ■

CIVIL JURISDICTION IN BANCO. YOUNG v. NEW ZEALAND. INSURANCE COMPANY. In this case Mr T. Young and Mr T. Neave appeared for the plaintiff Dr W. Young, and Mr A. Blair for the defendant company. This was an originating summons under tho Declaratory Judgments Act, "1908. Tho plaintiff, Dr Young, was the owner of a wooden building in Wellington, insured by the company. Tho house was partially destroyed by fire. ■ It was situated in what is known as the “’brick area” and'the municipal by-laws prohibit its reconstruction in timber. The conditions of the policy issued by tho defendant company provide that no action can be brought on tho policy until the amount of. the less or damage has been ascertained by arbitration, and other conditions give an option to tho company to reirstato instead of paying the amount of damage' o.r loss, and also provided that if the company required it the insured must provide plans at his own expense, and no amount was payable under the policy until tho conditions have been complied with. There was a further stipulation on the qonditicus that if tho company shall be unabl" to repair or reinstate the premises because of the operation of any municipal by-law, the company shall be liable to pay only such sum as would bo required to reinstate the pronerty to its former condition if it could be lawfully reinstated. Tho company in the present case had required the plaintiff to furnish plans, etc., but the plaintiff had refused to do so upon tho ground that under the proper interpretation of tho conditions he was not hound to do so, and ho asked the Court to interpret these conditions under the provisions of tho Declaratory Judgments Act. His Honor heard argument at considerable length and reserved judgment.