LAW REPORTS.

New Zealand Police Gazette, Volume XXXVI, Issue 37, 20 September 1911, Page 443

LAW REPORTS.

(“New Zealand Law Reports, Vol. xxx, page 729.)

[S.C. In Banco. Christchurch (Sim, J.) ber and Ist December, 1910.]

McGrath v. The Minister op Internal Affairs,

Police Superannuation Contributor to Police Provident Fund—Bioken Service—Merger of Police Provident Fund into Public Service Superannuation Fund—Right to make Payments on account of Broken Service —The Police Provident Fund Act, 190 S—The Public Service Classification and Superannuation Act, 1908—The Public Service Classification and Superannuation Amendment Act, 1908, Section 50, Subsection 9—The Pub ic Service Classification and Superannuation Amendment Act, 1909, Scetion 95, Subsection 9. The plaintiff, a Sub-Inspector of Police, had been a contributor to the Police Provident Fund established under the Police Provident Fund Act, 1899, since its inception. Upon the passing of the Public Service Classification and Superannuation Amendment Act, 1909, section 23 of which merged the Police Provident Fund in the Public Service Superannuation Fund, he claimed to be treated as having been a contributor to the last-named fund at the coming into force of the Public Service Classification and Superannuation Amendment Act, 1908, and so entitled to the benefit of the provisions as to broken service contained in section 50 of the last-mentioned Act.

Held, That he was so entitled, the effect of clausa (b) of subsection 2 of section 25 of tne Public Service Classification and Superannuation Amendment Act, 1909, being to make the plaintiff a contributor to the Public Service Superannuation Fund from the date (Ist January, 1908) when that fund was established.

Originating summons upon the application of Joseph Albert McGrath, Sab-Inspector of Police at Christchurch, for a declaratory order under the Declaratory Judgments Act., 1908, determining the question whether, on payment into the Public Service Superannuation Fund, on or before the 10ih October, 1910, of the five years’ contributions referrt d to in subsection 2 of section 50 of the Public Service Classification and Superannuation Amendment Act, 1908, he was entitled to the rights and benefits conferred by subsection 3 of the said section 50.

The plaintiff joined the Armed Constabulary Force on the 6th June, 1878, and from thence served continuously until the 6th May, 1882, when he left the Force. On the 2nd December, 1882, he joined the Police Force, and since that he served continuously therein. Th 6 plaintiff was a contributor to the Police Provident Fund from its inception to the 24ih December, 1909, when such fund was merged in the Public Service Superannuation Fund by section 23 of the Public Service Classification and Superannuation Amendment Act, 1909. Hs claimed to be an original contributor to the Public Service Superannuation Fund by virtue of section 25 of the last-mentioned Act, and so to have been in law a contributor to the Public Service Superannuation Fund at the commencement of the Public Service Classification and Superannuation Amendment Act, 1908, and therefore entitled to all the rights and benefits conferred by section 50 of the last-mentioned Act.

The plaintiff, in order to take advantage of the special provision as to broken service contained in the last-cited section, in the event of that section being held applicable to him, paid to the Public Service Superannuation Board on the Bth October, 1910, the sum of £l2O 95., being the sum equal to five years’ contributions mentioned in such section. Tne payment of this sum was accepted without prejudice to the defendant’s rights and without in any way admitting the plaintiff’s right to pay the same, or to be entitled to the benefits conferred by section 50. The Minister of Internal Affairs, being the Chairman of the Public Service Superannuation Board, was cited as defendant.

T. G. Russell for the plaintiff. Ostler for the defendant.

Cur. adv. vult ,

Sim, J.: — This is an originating summons issued for the purpose of obtaining a declaratory order under the Declaratory Judgments Act, 1908, determining whether the plaintiff is entitled to the benefit of subsection 3 of section 50 of the Public Service Classification and Superannuation Amendment Act, 1908.

The plaintiff joined the Armed Constabulary Force on or about tne 6th June, 1878, and served therein continuously until about the 6th May, 1882. He then left the Force, and was not again in the public service until the 2nd December, 1882, when he joined the Police Force. Since that date he has been continuously in the Police Force. He was from

the first a contributor to the Police Provident Fund, whioh was established by the Police Provident Fund Act, 1899, and continued by the Police Force Act. 1908. In the year 1909 this fund was merged in the Public Service Superannuation Fund by the Public Service Classification and Superannuation Amendment Act, 1909 (section 23). The Public Service Superannuation Fund was established by the Public Service Superannuation Act, 1907, which came into fcrce on the Ist January, 1908. In 1908 this Act was repealed and re-enacted as part of the Public Service Classification and Superannuation Act, 1908. In the same year an amending Act was passed, and came into force on the 10th October, 1908, with the title of the. Public Service Classification and Superannuation Amendment Act, 190 S. Tne question to be determined is whether the plaintiff is entitled to be treated as a contributor to the Public Service Superannuation Fund at the commencement of the lastmentioned Act —viz, on the 10th October, 1908—so as to have the right conferred by section 50 of that Act, as amended by section 10 of the Amendment Act of 1909. The Amendment Act of 1909, which merged the Police Provident Fund in the Public Service Superannuation Fund, contains the following provisions in subsection 2 of section 25 : “ (2.) As to every person who becomes a contributor to the Public Service Superannuation Fund by virtue of this section the following provisions shall apply : “ (a.) He shall be deemed to be an original contributor to the said fund within the meaning and for the purposes of section thiity-five of the principal Act : “ (6.) All contributions made by him to the Police Provident Fund before the commencement of this Act shall be deemed to have been made by him to the Public Service Superannuation Fund on the respective dates on which they were made to the Police Provident Fund : “ (c.) He shall contribute to the Public Service Superannuation Fund at the rate prescribed by the principal Act for the age to which he had attained at the date when his first contribution became payable to the Police Provident Fund on his becoming a contributor thereto.”

It was contended on behalf of the plaintiff that the effect of clause (a) of this subsection was to make him an original contributor to the Public Service Superannuation Fund, and that, beiug an original contributor, he was constructively a contributor to that fund at the commencement of the Amendment Act of 1908. But a person who is now an original contributor was not necessarily a contributor to the fund on the 10th October, 1908, because, as pointed out by Mr. Ostler, a person who becomes a contributor under the provisions of subsection 2 of section 26 of the principal Act of 1908 - and this, subject to the regulations, he may do at any time—is an original contributor for the purposes of section 25 of that Act. It follows from this that clause (a), by enacting that the piaintiff is to be deemed to be an original contrioutor to the Public Service Superannuation Fund, did not necessarily make him, by construction, a contributor to that fund on the 10th October, 1908. If, therefore, the plaintiff had to rely on clause (a) only, his claim, in my opinion, would fail. He does not, however, base his claim on that clause only. He relies also on clause | b) of the same subsection. It seems to me that the effect of clausa (6) is to make the plaintiff constructively a contributor to the Public Service Superannuation Fund on and before the 10th October, 1908. That clause provides explicitly that all contributions made to the Police Provident Fund before the commencement of the Act of 1909 shall be deemed to have been made to the Public Service Superannuation Fund on the respective dates on which they were made to the Police Provident Fund. This, if read literally, leads, it is suggested, to an absurdity, for the reason that, as the plaintiff has been contributing to the Police Provident Fund since 1899, it makes the plaintiff a contributor to the Public Service Superannuation Fund before it was in exislence. It may be necessary, in order to give full effect to clause (c) of the same subsection, to treat the Public Service Superannuation Fund as having been in existence, for some purposes, since 1899, but this question cannot lead, I think, to any practical difficulties, and it is not necessary now to express any decided opinion on the subject. For the purposes of the present case it is sufficient to say that the effect, at least, of clause ( b ) is to make the plaintiff a contributor to the Public Service Superannuation Fund from the date on which that fund was established. The plaintiff is entitled, therefore, to an order declaring that, having made the contributions referred to in subsection 2 of section 50 of the Amendment Act of 1908, he is entitled to the rights and benefits conferred by subsection 3 of that section. The question of costs is reserved for further consideration.

Solicitors for the plaintiff: Russell and Anthony (Christchurch). Solicitors for the Crown: The Crown Law Office (Wellington).

“ New Zealand Law Reports,” Vol. xxx, page 795.) [S.O. In Banco. Auckland—(Edwards, J.)—l2th July, 1911.]

Harvey v. Whitehead

The Licensing Act, 1908, Sections 205 and 181—Instructions by Licensee to Barman not to supply Liquor to Intoxicated Persons —Sale by Barman contrary to Instructions —Conviction of Barman under Section 205 — Subsequent Conviction of Licensee under Section 181 — Appeal by Licensee—Conviction sustained. A person already under the influence of liquor entered the licensed premises of the appellant with a companion and called for two gla=ses of beer, at the same time putting down a florin on the counter. Before either of tiie men had touched the liquor the police entered and said that the man who had tendered the money was diunk. Thereupon the barman removed the beer, and returned the coin, which he had in his hand, to the purchaser. The appellant,who had given express instructions to his barman not to supply liquor to persons under the influence of drink, was convicted by the Magistrate of an offence under section 181 of the Licensing Act, 1908. Tne barman, prior to the said conviction, had been convicted under section 205 of the said Act in respect of the same matter. Held —l. That there was a sale within the meaning of the said Act. 2. That the conviction should be affirmed. Appeal from the conviction by E. G. Cutten, Esq., S.M., Auckland, of the appellant for an offence against section 181 of the Licensing Act, 1908, in selling liquor to a person already in a state of intoxication. F. Earle, for the appellant. Tole, K.G., for the respondent.

Cur. adv. vult

Edwards, J.: — This is an appeal from the conviction by E. 0. Cutten, Esq., S.M , at Auckland, of the appellant of an offence against section 181 of the Licensing Act, 1908, in selling liquor to one Bowden, a person already in a state of intoxication.

The sale was made by the appellant’s barman, and was con'rary to the strict order of the appellant that the barman should be very careful not to sell any liquor to any person who showed s : gns of intoxication. Bowden entered the bar of the appellant’s publichouse with a companion and called for two glasses of beer, at the same time putting down a florin upon the counter, but before either of the men had touched it the police entered and said that Bowden was drunk. Thereupon the barman removed the beer, and returned the coin, which he had in his hand, to Bowden. The barman prior to the conviction of the appellant had been obarged with an offence under section 205 of the statute, and had been fined, in respect of the same matter. Mr. Earl contends that in these circumstances there was

no sale of the liquor. In my opinion there was a complete sale. At all events, there can be no doubt that there was a transaction in the nature of a sale within section 206 of the Act. Mr. Earl also contends that the appellant could not be fined in respect of the same act which had already resulted in a conviction of the batman of an offence against section 205 of the Act, The concluding words of that section, in my opinion, however, prevent this question from being raised. Lastly, Mr. Earl contends that, as under section 202 of the statute the barman who actually made the sale was liable to prosecution in respect thereof, the reason for holding the licensee liable in such circumstances was taken away. This argument is founded upon some observations in the cases of Massey v. Morriss ([1894] 2 Q. B. 412), and Commissioners of Police v. Cartman ([1896] 1 Q.B. 655). In those cases it was pointed out by the learned

Judges who deoided them that there was no provision in the English Licensing Acts, similar to section 205 of our statute for the punishment of the servant of a licensee who supplied liquor to an intoxicated person, and that therefore, if it were necessary to prove guilty knowledge on the part of the licensee, the object of the statute m ; ght be defeated. Section 181 of the Act of 1908 appeared first as section 146 of the Act of 1881 in the same words. Section 205 of the Act of 1908 appeared first as section 5 of the Act of 1904, No. 42. I think that it is very certain that the Legislature did not intend that after the Act of 1904 a construction should be put upon section 146 of the Act of 1831 whioo it did not bear before that date. Nor do I think that the decisions of the English Judges under section 13 of the Imperial statute of 1872 (35 & 36 Viet., c. 94) depend alone upon the absence in that statute of any provision similar to section 205 of our Aot of 1908. That circumstance is not referred to m Cundy v. Le Gocq (13 Q.B.D. 207), which is the first of the cases in which it was held that the provisions of section 13 of the Imperial statute (from which section 181 of the Act of 1908 has been reproduced without alteration) amount to an absolute prohibition against the sale of liquor to a drunken person. The case of Cundy v. Le Cocq (13 Q.B.D. 207) was followed in McVeigh v. Eccles (18 N.Z. L.R. 44). Tne same principle was decided in Jull v. Treanor (14 N Z. L R. 513). The facts in Commissioners of Polices. Cartman ([1896] 1 Q.B. 655) (apart from the question with which I have already dealt of whether or not in the present case there was a sale) are in principle indistinguishable from those of the present case. In that case the publican, who was upon the premises : but out of sight of the bar, had given precise orders to bis servants not to supply liquor to drunken persons or to persons in a state of semi-intoxication. The barman nevertheless sold liquor to a drunken man. Lord Russell of Killowen, C.J., aud Wright, J., held that the publican was rightly convicted, and tnat his private orders to his servants male no difference. This case answers also the further contention of Mr. Earl that as the appellant was at the time of the sole to Bowden upon the licensed premises, an.i in active conduct of hi 3 business, though not as the time present in the bar, he cannot be held to have delegated his control to the barman. It is admitted, however, that the sale was within the general scope of the barman’s employment. This contention is founded upon the oase of McKenna v. Harding (69 J.P. 354). In that case the offence charged against the respondent was that he did unlawfully and knowingly allow his barmaid to sell liquor to a child under fourteen. There was no absolute prohibition as in the section under which the appellant in the case before me was charged. It was held that as the publican had forbidden his barmaid to make such a sale, and he was in active control of his business, the finding of the Magistrates, that “ the said respondents, though absent from the bar at the time of the said sale, had not delegated the charge and control of the said bar within the meaning of the decision in Emary v. Nolloth ([1903] 2 K.B 264),” could not be questioned, and that therefore an appeal against the Magistrate's decision dismi-sing the charge must fail. In some cases there may be a difficulty in applying the case of Emary v. Nolloth ([1903] 2 K.B. 264), but that difficulty does not arise here. In the judgment in that case it is expressly said that where the offence is prohibited in itself, as it is in the present case, knowledge on the part of the licensee is immaterial. The exemption from liability under the doctrine of Emary v. Nolloth ([1903] 2 K.B. 264) exists only where the act prohibited is an aot “ knowingly done,” and even in such cases it does not apply if the licensee has delegated his authority to a servant, and that servant has been guilty of the offence. For these reasons the appeal must be dismissed, with costs, five guineas.

Appeal dismissed.

Solicitors for the appellant: Earl and Kent (Auckland). Solicitors or the respondent: The Crown Solicitor (Auokand).

By Authority: John Mackay, Government Printer, Wellington.

Name of Offender. Where tried. When. Offence. Sentence. •Natire of 1 j Trade. 1 Born. Height. Complexion. Hair. Eye*. Nose. Dietinguisliing Harks, Ac. Murray, Phillip Auckland 4/9/11 wilful damage fined £1 & costs Ireland labourer 1874 ft 5 in. 9f dark .. dark blue medium Murray, James Auckland 4/9/11 assault • • fined £2 & costs Scotland .. miner 1871 5 fresh .. dark brown .. medium Murr, George Auckland 8/9/11 wilful damage •• to pay damage England .. gum-digger 1861 5 4 dark .. turning grey brown .. medium Royal arms on right forearm. Mitchell, Sidney .. Onehunga .. 7/9/11 theft • • fine or 48 hours N. Zealand carter 1876 5 5 fresh .. fair brown .. medium Nicholson, Pani Wairoa 7/9/11 assault fine or 2 mo’s N. Zealand labourer 1887 5 7 dark .. black brown .. medium Half-caste Maori. Higgins, John Marton 8/9/11 theft fined £3 N. Zealand labourer 1885 5 11 fair brown brown .. medium Scar on left hand and on both legs. Cowan, John PalmerstonN. 12/9/11 assaulting police fined £5, and N. Zealand labourer 1877 5 10 sallow.. black brown .. medium Weak intellect. (See Police Gazette, 1911, Palmerston N. pay medical expenses page 316.) Olsen, Peter 16/9/11 assault •• fined £5 & costs N. Zealand labourer 1889 5 10 dark .. dark grey .. medium Oval features. Sheerin, Denis PalmerstonN. 16/9/11 assault fined £3 & costs N. Zealand labourer and 1887 5 11 fresh .. light brown, blue .. medium butcher curly Ellis, Albert Gerald Wellington .. 6/9/11 theft . # 6 strokes of N. Zealand bottle1895 5 0 fresh .. fair brown .. long Rough, Walter birch gatherer Wellington .. 6/9/11 theft . 6 strokes of N. Zealand schoolboy .. 1899 4 7 fresh .. dark light br. medium birch Homer, CharleB Wellington .. 7/9/11 insufficient means of Ohiro Home for England .. waiter 1860 5 94 fresh .. grey grey .. medium Brown, Minnie, alias Blue .. support 6 months Wellington .. 7/9/11 insufficient means of Army Home for Australia .. prostitute .. 1871 5 2 fair fair grey .. medium See Police Gazette, 1911, page 437. support 6 months Wilkins, James Wellington .. 12/9/11 theft . * to come up if N. Zealand French1890 5 54 dark .. dark brown .. medium called on cleaner Paneta Waaka Wellington .. 12/9/11 theft senttoBurnham aboriginal labourer 1896 5 6 copper.. black brown . large Scar on right knee. (See Police Gazette, 1911, Indus. School page 362.) Collins, Charles Wellington .. 14/9/11 wilful damage to pay damage Ireland dustman .. 1853 5 11 fresh .. sandy blue medium Pye, Charles Wellington .. 16/9/11 theft 6 strokes of N. Zealand schoolboy .. 1899,4 9 fair fair grey .. medium birch Tubman, Arthur .. Wellington .. 18/9/11 assault fined £1 Ireland carrier 1862 5 8 fresh .. light brown grey .. large Compass and square and heart on left forearm. Tane, alias Waetford, Charles Picton 15/9/11 assault (2 charges) fined 10s. on N. Zealand bushman .. 1879 5 9 lt.copper black dark br. small, flat Nude female on right forearm; right arm Paeroa, alias King, Charles each broken. (See Police Gazette, 1907, page 78.) Cunnatb, Dolph, alias CunReefton 4/9/11 assault . . fine or 3 days Germany .. restaurant1860 5 5! florid .. dark dk. grey medium See Police Gazette, 1909, page 193. neth, Dolf keeper Raulf, John Reefton 7/9/11 obscene language fine or 1 month Germany .. miner 1880 5 7 sallow.. dark dark .. medium Munro, Colin Cheviot 23/8/11 indecent language fined £3 & costs N. Zealand labourer 1884 5 n fresh .. dark brown grey .. medium Strong build. Rae, William Jchnstone Balclutha .. 28/8/11 theft 21 days N, Zealand rabbiter and 1877 5 64 fresh .. dark grey .. small See Police Gazette, 1909, page 525. shearer

Return of Persons summarily convicted at Magistrates' Courts, but not sent to Gaol.

Bao), and Name of Prisoner. Where tried. When. Offence. Sentence. j Native of Trade. Born. jlleight Complexion. Hair. Eyes. Nose. When discharged. Bern arks, and Previous Convictions. (F.P. indicates that finger-impressions have been taken.) Auckland — ft. in. dark brown Adair, William Whalratane M.C. Auckland 6/7/11 obscene language 2 months N. Zealand ironmoulder 1878 5 8 fresh .. blue-gr’y medium 5/9/11 U.C.A. on left leg; scar over right eye. F.P. Lane, Daniel, alias Daniel Joseph 30/8/11 grossly indecent act .. fine or 7 days N. Zealand labourer 1883 5 5f fresh .. brown blue-gr’y medium 5/9/11 F.P. {See Police Gazette, 1910, page 420.) M C. Wales labourer fair brown Sogers, Thomas Auckland M.C. Auckland 29/3/11 obscene exposure 6 months 1857 5 6 grey .. medium 5/9/11 2 p.c. F.P. (See Police Gazette, 1905, page 340.) Felly, James, alias Marsh 30/8/11 obscene language remanded N. Zealand seaman 1862 5 74 fresh .. red It. hazel flat, broken 6/9/11 10 p.c. F.P. (See Police Gazette, 1910, page 504.) M.C. Mathers, John, alias Auckland 7/8/11 grossly indecent act .. fine or 1 month England .. fireman 1878 5 lOf sallow .. light brown blue .. large 6/9/11 2 p.c. Anchor, three stars, and O.M. on right forearm. F.P. (See Police Gazette, 1907, page 213.) 2 p.c. (See Police Gazette, 1911, page 126.) Oswald M.C. Myers, George Vaughan Auckland 81/8/11 breach of a prohibition fine or 7 days N. Zealand grocer 1866 5 4f fresh .. dark brown, hazel .. medium 6/9/11 M.C, order Australia .. variety artist turning grey Grant, Louis, alias Louis Auckland 2/9/11 forgery and uttering .. remanded 1890 5 6 fresh .. fair grey .. medium 6/9/11 Scar on left wrist. See Police Gazette, 1907, Charles M.C. N. Zealand light brown page 372.) Trembath, Frank Auckland A/8/11 default of maintenance arrears or 1 butcher 1888 5 7 fresh .. dk. grey large, 9/9/11 1 p.c. F.P. (See Police Gazette, 1910, page 520.) M.C. month hooked Arrested 10/8/11. Willis, Michael, alias Hamilton 5/8/11 assault fine or 1 month N. Zealand labourer 1886 5 7 fresh .. light brown blue-gr’y medium 9/9/11 Several p.c. Photographed, 7/11/05. Arrested Buckley, John, alias McWilliams M.C. brown 10/8/11. (See Police Gazette, 1911, page 260.) Dunn, Andrew Auckland M.C. Auckland 28/8/11 assault fine or 14 days Scotland .. labourer 1871 5 9 fresh .. grey .. medium 9/9/11 Scar on nose and left wrist. Butler, Michael, alias 28,8/11 wilful damage fine or 14 days Ireland labourer 1845 5 ioi fresh .. grey blue .. medium 9/9/11 2 p.c. F.P. (See Police Gazette, 1910, page 520.) Butters M.C. N. Zealand fair Maher, Frank Auckland 24/5/09 burglary 3 years miner 1888 5 74 fresh .. grey .. medium 9/9/11 Large scar on right side of head ; clasped hands S.C. theft from a dwelling 3 years and flower on right forearm; X.S. between (5 charges) left thumb and index finger. F.P. Phototheft from the person.. 3 years cook light brown, blue .. graphed at Auckland, 1/8/11. Ford, Alice, alias FenA u c k 1 a n d 10/11/10 incorrigible rogue 12 months England .. 1845 5 14 fair large 9/9/11 4 p.c. F.P. (See Police Gazette, 1910, page 480.) wick M.C. labourer turning grey Carroll, William Auckland 21/8/11 drunkenness fine or 7 days N. Zealand 1874 5 5f fresh .. dark brown, bazel .. thick 9/9/11 8 p.c. F.P. Arrested 28/8/11. Sentences cumuM.C. wilful damage fine or 7 days curly lative. (See Police Gazette, 1909, page 403.) Reid, George . . Auckland M.C. 9/9/11 tnef t fine or 1 month N. Zealand driver 1887 5 5 fresh .. light brown dk. blue large 9/9/11 Flesh -lump on right cheek. Fine paid. Rotorua — labourer and hazel .. White, David Park Rotorua M.C. 4/9/11 supplying liquor to profine or 2 mo’s Ireland . 1878 6 14 fresh .. auburn medium 4/9/11 Fine paid. tnbioed person barman Napier fair blue-gr’y Ewart, Frederick, alias Napier S.C. 5/9/11 cruelty to animals fine or 3 mo’s N. Zealand labourer 1879 5 6 fair medium 6/9/11 7 p.c. Photographed at Napier, 3/9/08. (See Hartley blue-gr’y Police Gazette, 1908, page 135.) Oorletc, Stephen, alias Napier S.C. 5/9/11 carnally knowing a girl acquitted N. Zealand dairy- factory 1889 5 9 fair fair large 7/9/11 Sear inside left thumb. (See Police Gazette, Lawson, Donald under 16 hand 1911, page 262.) Wellingi oil — electrician .. dark Humphries, Frederick, Auckland 1/8/11 default of maintenance arrears or 1 Australia .. 1875 5 94 dark .. grey .. sharp 4/9/11 1 p.c. Scar on upper lip. F.P. (See Police alias Humphrey M.C. month Gazette, 1911, page 162.) Brogmus, David, alias Wellington 6/6/11 theft 3 months Australia .. labourer 1879 5 7. fair auburn grey .. medium 5/9/11 25 p.c. Scar on forehead and left eyebrow ; scar Morrison, alias Warne, M.C. on right upper arm. F.P. (See Police August blue .. Gazette, 1911, page 271.) Mansfield, John, alias Wellington 7/6/11 drunkenness .. 3 months England .. blacksmith.. 1845 5 74 sallow.. brown medium 6/9/11 44 p.c. Bald on top of head ; right leg has been Yates, alias Robinson, M.C. injured. Photographed at Napier, 3/10/02. alias Campbell, alias Brown, alias Ready, alias Thomson (See Police Gazette, 1911, page 239.) Nugent, Norab, alias Wellington 8/7/11 drunkenness .. 2 months Ireland prostitute .. 1852 5 04 fresh .. brown, curly hazel .. small 7/9/11 162 p.c. Scar on right wrist, back of neck, and W illiams, alias Clegg M.C. right cheek. (See Police Gazette, 1910, page 447.)

RETURN OF PRISONERS REPORTED AS DISCHARGED FROM GAOLS DURING THE WEEK ENDED 9th SEPTEMBER, 1911.

Gaol, and Name of Prisoner. Where tried. When. Offence. Sentence. Native of Trade. d .a to ComHair. Byes. Nose. When disRemarks, and Previous Convictions M <D M plexion. charged. (F.P. indicates that finger-impressions have been taken.) Wellington — continued. .Rhodes, George, alias ft in. Wellington 18/8/11 obscene language 21 days . • N. Zealand cook 1880 5 7 fair light, brown blue medium 7/9/11 15 p.c. Birth-rnaik on left hand. F.P. PhotoMulholiaud, alias WilM.C. graphed at Auckland, 7/8/06. (See Police son 8/6/11 Gazette, 1911, page 416.) Black, John <1 Wellington vagrancy 3 months .. Scotland .. riveter 1881 5 5 fresh .. brown hazel .. medium 7/9/11 10 pc. Tombs 'one inscribed TN LOVING M.C. 26/8/11 habitually consorting .. assault 3 months fine or 7 days medium, MEMORY OF MOTHER WHO DIED FEB. 14th, 1897, on r got arm. F.P. (See Police Gazette, 19< 9, page 26.) Stuparich, Antonio Wellington Austria seaman 1881 5 n swarthy black brown .. 8/9/11 Squint in right eye ; scar on right shin ; hi°h M.C. resisting police 14 days flat cheek-bones. F.P. (See Police Gazette', 1911, Wollf, Arthur Cecil Auckland 29/5/11 default of maintenance 1 mouth N. Zealand miner 1873 5 7 sallow .. brown brown .. medium 9/9/11 page 34 ) Freckled amis ; puckered mouth. F.P. Arrested 11/8/11. M.C. 11/8/11 1 month Johnstone, Mary, a,lias Wellington soliciting prostitution.. N. Zealand prostitute .. 1881 5 5$ fair brown brown .. medium 9/9/11 7 p.c. Three moles on right cheek. F.P. (See McIntosh, alias Edwards, alias Wilson, Ellen M.C. Police Gazette, 1911, page 397.) Edwards, Henry Wellington 4/9/11 breach of a prohibition fine or 7 days England .. upholsterer 1865 5 5i fair grey blue small 9/9/11 3 p.c. Scar on forehead and back of neck. F.P. M.C. order (See Police Gazette, 1909, page 171.) Eagle, Thomas Wellington 7/9/11 breach of by-laws fine or 24 hours Tasmania.. carpenter .. 1S61 5 n fair brown blue large, 9/9/11 Sufftrs from asthma; Fit ring-finger has been M.C. hooked broken. Arrested 9/9/11. Lyttelton--Christchurch brown y Veitch, Thomas, alias Richie, alias Wilson 7/2/10 theft from the person .. 2 years N. Zealand blacksmith. . 1879 5 8 fau hazel .. sharp 5/9/11 10 p.c. F.P. (See Police Gazette, 1909, page 465.) S.G. Baxter, John Walter Christchurch 22/8/11 drunkenness . . fine or 48 hours England . . cook 1862 5 n fresh . . dark brown grey .. medium 5/9/11 2 p.c. F.P. (See Police Gazette, 1911, page 319.) M.C. procuring liquor fine or 7 days fair Arrested 30/8/11. McDonald, Alexander ., Lyttelton 23/8/11 theft L month Scotland .. fireman 1872 5 2* fair grey • • pointed .. 6/9/11 Scars on head and neck. F.P. Placed on board M.C. his ship. Smith, Frank .. Lyttelton 23/8/11 theft 1 month England .. fireman 1873 5 fair fair grey medium 6/9/11 Scar on head and right arm. F.P. Placed on M.C. board his ship. Fletcher, Joseph Paul .. Christchurch 7/8/11 theft 1 month N. Zealand labourer 1884 5 5f pale brown, curly grey .. medium 6/9/11 Scar on neck. F.P. Photographed at LyttelM.C. remanded ton, 25/8/11. j Young, Frank Lyttelton IYT Q 4/6/11 theft N. Zealand labourer 1S91 5 9* fresh ,. brown grey .. medium 6/9/11 | Helson, Alexander Christchurch 23/8/11 breaking, entering, and 1 month N. Zealand labourer 1895 5 4f fair brown blue large 8/9/11 F.P. Photographed at Christchurch, 23/8/11. M.C. theft Transferred to Burnham. Kerr, Edward Christchurch 3/4/11 theft 6 months N. Zealand barman 1871 5 7A fresh .. grey grey .. medium 9/9/11 Several p.c. F.P. (See Police Gazette, 1909, M.C. ship-desertion 1 month page 309.) Watson, Thomas Lyttelton 10/8/11 England .. seaman 1885 5 10 fresh .. brown grey .. medium 9/9/11 Woman on right arm ; woman and two flags on left arm; scar on forehead and nose. F.P. M.C. Armstrong, Charles Christchurch 11/3/11 rogue and vagabond .. 6 months N. Zealand labourer 1889 5 84 fair fair grey .. large 9/9/11 Several p.c. F.P, (See Police Gazette, 1910, M.C. page 18.) Simmelhag, Daisy, alias Christchurch 10/8/11 obscene language 1 month N. Zealand domestic . 18S3 5 1 fresh .. dark brown large, small 9/9/11 4 p.c. F.P. (See Police Gazette, 1911, page 339.) McNeill M.C. blue Dunedin— Helm, Herbert Dunedin M.C. 29/3/11 false pretences 6 months Tasmania .. labourer 1885 5 6| fresh .. brown hazel .. thick 5/9/11 Scar on left middle finger. F.P. Photographed at Dunedin, 21/S/03. (See Police Gazette, 1911, page 44.) Mewman, William John. Dunedin M.C. 5/9/11 default of maintenance remanded N. Zealand plasterer .. 1877 5 7J fresh .. brown brown .. large 6/9/11 13 p.c. Large scar on right side. (See Police alias Newman Gazette , 1911, page 272.) Invercargill — Oampbelltown Jones, Mary Ann 8/9/11 drunkenness.. 48 hours Ireland 1843 5 0 sallow .. grey brown . . medium 9/9/11 Repeatedly convicted. (See Police Gazette, 1909, M.C. page 406.)

RETURN OF PRISONERS REPORTED AS DISCHARGED FROM GAOLS DURING THE WEEK ENDED 9th SEPTEMBER, 1911— continued.