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“Conducted for the Daily Felagraph by. W. A Fiyan, retire? Stipendiary Maplehats. BANKRUPTCY Hefora the Registrar (Mir, Maanay). EXAMINATION UNTIEH @ECTION 68 ERNEST WILLIAM CLACK. xamination ad ourned generally, Myr, Nelta, Officiant Assigcdea, SUPREME COURT FULL COURT Before My. Justica Halse Rogers, Mr. Justice Mephen, and Mr. Arting-Jumbee Owen, \ | mx PARTE CAMINSTI ¥, TOOLE AND AMOTHER, , ‘The court discharged the rule mist, and dis missed this appeal, except in no far an ihe (ether is transferred bo ol High Court, un the consributional question fiinsd, Rocco Cominiti appesied from a conviction made ageluue Nig at the Central Poles Court for having head Underained Oeh in nia pon seselon, ranted to remtrain the Aculo cle was F magistrate and the Felee ProwepULor Fromm prro ceeding further with Ue sonvickson. Dpemding the decision of the Pui Court, Mr. Acting=Justice Owen delivered Judgment, in which Mr. Justice Hales Rogore concurred, Mr. Justice Btephen «lao concurred to a separate judgment. T he principal grounds of eppenl minet khe conviction were bow, Bection 116 of the Biate Fisheries Act Je witra viree, oe tk In Tringen the aprogstions of Bection #2 of the Commonwealth Constitution! (4) that the Mab | In question were caught outside the territorial links of Mew South Walen, ed therefore the Biate Pinherns Act Goes To apply, 84 the Biate Parliament has power only to make Inwa for the pesos, order, inc. of New Gouth Waldh. The Fisherier Act provides that any person who bee gdideraiced Fish in this possesaied be guilty as an offenor. The evidence showed that ther fathead. are of OMwEt In Hen, rath ‘gre0 Watore, oF: within helf @ mile o f its shores, mand that the fan 1h SUGAbIOH were caught the coast of germanie ‘by trawler and brought to Gydoew ‘or nals. “Ie was argued by har, Boenner, for the eppdliaot, that the Flaheries Actly Customs Pow, and thet question mon, be referred to the High Court Cor decision,’ said his Honor, It is not manaputed that the object of the Act is to protect and control Asherton la New Bouth Wales, mor ist suggested that wher e Imperial Parliament conferred on the legislature the power to make laws for New South Wales, it held back the power to regu late and control fisheries within the territory of the Blate. Wheether are the territorial smite within which the Imperial Parliament has empowered the Grave to legislate with regard to Gosherton? Tn Crofts 7. Denply 01039 AC, LGG, the Privy Council held that it had been long recog nied that for revenue, health, fisheries, ec. @ Blate may enact laws alerting the sean sur rounding its coaste to a distance seaward, which exopnds, the ordinary limite of no territory. “Tean 3@0 he sound Gost for the contention that the Blate cannot regulate faheries between low Water mark and the three-mile [out 1 “I the true position is, no T think it is, that the State may legislate within bhone Mendea, T do not think that it can be said that Jewidla- Honditected agmin at oddsending, oeating, un dersize Osh of any species found within terri torial limite i# so unconnected with the requ istion and Protection of New Both Wales Asheries, ae to be beyond the power of the state to exact. “The remaining question is whether sition TI initing as the prohibition somtained in aec— tion 92 of the Commonwealth Canaticubion. It may possibly be that a prohibition of possession in New South Wales, of what the statute defines as ‘uthereize’ Meh, hap the effect of interfering in some digeon with interstate trade in Mah, but that result in merely jnel denial. “In ny opinion the Fisheries Aat in a valid exercise by the Blaze, of its power to control Gaheries within its territorial Umits. “Apeth from the question which mush be det to the High Court for decision, Tam of opinion becak One anplicane tals.” Mr. Spender, AOC, Mr. Barwick, mand Mr. Malar (instructed by Messe. D, Lynton Wil lams, Bill; and Co.) for applicant; Mr. Leaver Goebrookig by the Crown Salteltor) for reapon ent, BANCO Before the Chief Justice (Sir Frederick Forgan amd jure MUNHO v. STUART BROS. LTD, The ieee verdict for plainiit and awarded him C800 dean ee—seen the amount tala ‘Kohin under the Workers’ Companeation of OQeorge Bamuet Munro claimed £ 3009 from the company for injuries received when employed by the company to building operations in Druitt Street on dwouory 3, 136. one ekewed conligence, which the company he re. Mr. McClemen and Mr. Branny Taylor tine structed by Mr. Aidan 2. Devereux) for plaintitt, Mr. Shand instructed by Messie. McCulloch and Buggy) for defendent NG. 3 CAUSES COURT Before Met, Tiallok Daviddon and firs, COMMONWEALTE woon AND PRODUCE co. ROSS AND ANOTHER er returned a verdict for plainer for he The company siqimed the value of wool by Virtue of @ stock Morlenee. The defendants disputed this claim. Mr. Cook finstructed by Mesare, Pigott, Stin- ao, MicGregor, and Palmer) for plein; Mr. Howard Beale and Mr Bofer Lehreiber (ins truced by Messrs. Driffidld sod Hedley, of Condobolin, by their agent, Mr F 8, Grieve) for defendant. No. 4 CAUSES COURT Before sir. Mistice Halne Rogers eod Wry, 80K v. SMYTH The jury returned a verdict for defendant. Fs GB, Baring Deck sued William Walte rmyth for £ 10.00 damages for injuries to his the hand, etc. in a collelon between Chel notor carn at Canberra. The defendant denied negligence, Wir, Dovey, EC, and Mr. Emerton Instructee ( Messrs. Holdsworth, Gummers, and Garland) or platmiir; Mr. Herron (Instructed by Mr forton Broweter) for defendant. O'CONNOR, P. BRAY, LTH. Cornelius O'Conner, of Paddington, claim 1000 from the company, which carries on USLIBAS @5 pastry codks. On December 18, 180, O'Connor, who was a cleaner imploved by the company, was in jured when One Hitt descended from the ground oor to the basement. He struck the con crete foot, injuring his spine, he pinyed. Th 1044, O'Conner was awarded compensation un uder the Act. On December 12, 1038, he ob pined verdict in an aetion in the Supreme DU. The Pull Court later upheld an appeal by the company aginst this verdict, 2 Mobs ter once then taken to the Bligh Court, which ordered a Dew trial on the ground of negil ence. The new (rin) ia now being heard, Plaintim alleges that the Strephen wave wad oo amfecy device attachment. The company denies the plaintiff's slingar dons, and pleads mol guilty, (Par, hperd). Bir. Erate, , aid Me Wilfred Collinge (instrusted by Mr. Aldan J. Devereux) for Pinintif; Mr. Dover, K.C. and Mr. Loyd. n= structed by Messrs. J W, Maund and Belynach! for defendant, NO. 5 CAUSES COURT Before Mr. Justice Bavin ang jury {CARTHY +, HURLL AND DOUGLAS, urn. | The jury returned verdict for init tor. note’ atay OF procombinare paker Reginald Frank OftCarthy claimed £ 22MW from the company for permanent injuries to his hand when it was wage in a steel saw “che company ‘preaded not all on novy. Mr. Evnel, nd, and Br Erwenatn by Mesers, Abram Lando mod Ges for pl tit; Mr. Bradley, #0. and Mr. Ashburner traded by Meters, Dawson, Waldron, Edne, and Michells) for defendant. Before Mr. Acting Justice Owen and Mary, MINTON AND ANOTHER, COLLETT ibers Also Minton and Ada Annie Minton, tether and smabher of Kenneth Whilam Minton, Sint LAO manages Crow Major Edwin Col lett for loss occasioned by the death of their son, who was fatally Injured to a collision be tween the motor-cycle and the defendant's “Oney wilege Dégligence by the defendant ey a je de The defendant pleads mot guilty, (P vane.) Mr. Creer Intetructed by Mesers. Hate Woh! for plaintitg; Mr” Herron (inatru ' Mesare. Stephen, Jaquea, and Stephens bende nt. led ain n= ‘nda, arte and No. 7 CAUSES COURT Reform Mir Mistico Maxwell and jury, NOONAN ). MAHONEY e@ jury returned a verdict for pimintift i (Reported in another column, EQUITY for amnih; ME. BASIECR fitacrooeee or STR Blogs niet Sud ‘Co, for the gf mdwid | ore tha nie 'ag har, Justice Lang i BALD TH Agrhensen Saar meade on behalf of Verona Vener, 16, for interpretation the will of | Archibald = Thom nees wee a wee mer= ‘ehant, wha dim feaving an estate ‘yalied now at about Mp Yao, ba The question for te Sunt rt wea whether tor used the word “Inu! to mean child ren only, oe Whether t+ meant descendants, hue dhelnding piainist, ae te 8 mreat-grand byer. art heard ec, Dydhey Willian, “ice. and ates Brie . tier ‘ascructed ae Mr. Cc. pareihy (oung) for plainti; tir. Wenton, 12, McLelland ‘fortraded by Mennie. te ndden ‘and meredsen) for the trustees; Mr. Mason, iC, A. CG, Gain metrue by Messrs, Aue “allan, and Hedley) for the grandchildren. DIVORCE Before the Judge in Divorer, Mr. Juntite Boyce, | TENDERSOW vy, stenderson jpart heard), before Mr. Juntlee Roper, , PSO MAD CYHAIHER formerly Crowther) | » Prane Frederick Gabriel O'Haiber, Marriage, I wan, Gievs the Taya, edultery. Doores niet. Ser, Adrian, tag for petitioner. LILIA ISORED' NIELSON i formerly Dewing) ¥ Raymont Ejalnga., Marriage, 1621, Adelaide, Taaye, Gesertion, Decree nist, ttr, A, B, Berne tor petitioner. | JOYCE MADAMLINE TREDINNICK LEMON! (formerly Reynolod) v, Henry Blacklock Lemon, Marrigge, 1910, Randwick, Issue, restitution of conjugal rights. Order made, Mr. wank | Richards i instruected by Messrs. Brithers, Ware Ton. and Lyonn) for pesitioner. AESRIE DUNN (formerly Roger) v. Joseph Lennard Dyan, Marriage, 1990, Tochdate. Lane, restitution of 00. WM eighte, Order made, Mr. Rohork Turner fnne tracted by Messrs. Clayton, Une, end Go.) for petitioner. WILEEN JOHANNA CUTLER (formerly Pen dergast), James Cutler. Murriege, 1916, Kutem rburn, Issue, desertion, Decree 7h. Mir. Robert Turner (foatrupted by Mesara, Hunger ford and, Hungerford, of Mullumbimby, through Sue to Bydney ageda, Mensis, Clayton, Ute, and Co.) for petitioner. VIOLET CORA STOCKLEY [formerly Egat e, Meville Clegg Stocks Marriage, 1822, Rand wick, Tasue, replization of ual Tights , Order thade. Mr W, 8, Kay for petitioner, ELSIE AGNES JOLIAN (formerly Harvey) William Henry Jumap, Nereiage 16le, Orange, Tseve, desertion. Decree nisl. Mr. W, 5. Bag for petitioner. REGINALD JORWEVANE v. Lydia Annie Bvara (formerly Carrolli; Basil toh de Wynne, co-respondent. Marriage, 1821, Wellington, Bri anid, Teste, mdulbery, Deores oid! Mr. Wy 'B, May for petitioner, JOYCE EUGERIE BODDAN pedicel Palloly) 4, James Bodden, Doorlege, 1635, Ghildford, Teone, desertion by mon-compliance with renti tation order. Detreenin, Bt, W. 3, Key for petitioner, RICHARD OBRAY ¥, Myrtle Mary bray | lfarmerly Giddust, Martlage, 2004. Bydver, issue, desertion, Air, H A. Hunt (Messrs. Hiatt ‘wind Hunt) for petioner, WILLIAM HENRY SLOPER v. Frieda Wil helmina Bipper f(formerly Arnold). Marriage, 1933, Bydney. Testig, desertion Oy non-complia ‘ance with reptitution order. Dooresnisl, Mr. RR, Hunt |Meawrd Hunt and Bunt for betitigner, MAVIE MARY ROWLANDS (formerly Butta! v. Ernest George Rowlands, Warriage, 1920. Lithgow. Issue, desertion. Decree nisi, Muasts, Lieberman and Tobias for petitioner, ALICE ROBERTSON formerly Day v Hughie Wiliam Robertson, Marriage, 1920. Letian, ‘Inaue, desertion,Decree. nisi, Me, C8, Mack (instructed by Magers. Harry Brown and Co. for petitioner, PERCY HOLHOTD FACKEON +. Taabel Grace Jeacktonsformerly Gsbormes, Marriage, 1021, Marrickville, Traum, desertion, Deorrenisi, Afr. Bot, PF. Wright (instructed by Mr. M. A. A. ‘sirhpaitick) for perillumer. HILDA JOAN BERRY (ormerly Didier) +, Henry Willan Charles Berry. Marriage, 1936, Kempsey, Isaua, arullery, Decree isl, Mir, awd Bo Lyueh (instructed by Mr. John H, Peoples tor petitioner, THOMAS JAMES McKNIGHT ), Muring Mu= Knight (formerly Minhers. Marriage, 1016, Footscrey, Tsai, Edulery, Co-regrovedent, George Gareide, Deeraanlai, Mr. D. G. Pate aunt Hogtrugted by Mr. BE. A. Cleary) for pe toner, ALBERT REDWARD FOMONDS V. Jessie Jose phite Edmonds (formerly Walshi, Marriage, 1923, Blackheath. Iseue, sdultery, Prederick Baynes, co-respondent, Decree nisi Mr. Alan a. Smith instructed by wir, TC. Bruela let j for petitioner. ERNEST ALLAN Woon ¥, Lilian Christina Wood (formerly Drummond'. Marriage, 1029, Gydney, Trive, restitution of conjugal eighs), Drier made, Mr. NM. G. Rudd (through hig cty agents, Messrs. Mclntyre, Conlon, and Co for petitioner. JOHN ROBERT BORMAN , Ivy Montagne Harman. (formerly Webw), Marriage, iid, mich mene Vik). Tae, desertion by non-compli ance with restitution order, Decree mial. Mr. WJ. Bartler for petitioner. WORKERS’ COMPENSATION Before Judge Perdriau and Commissioner Aalidar. MARTHA AMHR BLAMIRES and James Tarde and Co. Pty. Ltd. Applicant Claima £ 200 for fatal Injures to her husband. Awerd bp coo a. Ob. Mr. Marshall T, T. D. Marenoil god Co.) for applicant. Mr. McLachlan (Tietyena, McLachlan and Co.) for respondent. GEORGE HAROLD ASQUITH and Commis sioner for Railweys Applicant cinema conpen sation for Injuries to head, fare, and spine, Award by consent for £ 20 weet Be from May 1% is Siability to be redermed by payment of MILDRED ELIZABETH JAMES and Bull Shire Temple, Applicant seeks compensation for ‘oral Injuries to her husband, George James, no lorry accident. Consent award for £ 276, JOHN WILLIAM WOODS and 2, Astell and smoker, Wootts claims that he contracted lead Jolsoning while in respondent's @d. ploy, atd was totally incapecitated from idpaed 14, 196, Recishon reserved. Mr. Millar and Mr. Helynack | A. Lande and 7; 7, Wy, Maund and Belynack) for Woods; Wir Collins Gl. A. McDowell) and Curries for Kachell, BURNS, PHILY and co. LID. and Harry Surkle. GhaTtie Inorreated his laft ankle, which developed into an uncested ulear, while Im the miploy of applcanty, Ooowhe paid £ 3,535/ a week from May 26, 1 o30, to August 23, 184d, and E2/B A gg week Trot Shat Wate to September 27, 1833—a tos! Pee : Redemption by peymere of mi additional Limp pun of 28 e wee pronted. Mr. Shiresa (Ebsworth witd Ebeworth for Agros, Philp and Co, Pty, Ltt. THOMAS ORR pod Anthony Horders and fons, Ltd Applicant claims nhet he sustained 4 herma wrile Wiiing tables. Award for £ 476/8 a Week From Apri 2 1977, the July 16. hae experime = £ 14 /04/, Corpital | 19/7/, Mr Cedric A. Conti, W. . Charker and Cahill) for applicant! Sr, HK, A. Permuson (JR. MN. Henderson and Taylor) for the respondent. Befards Judge Lamang and Commissioner on GEORGE JOHNSON with Richard Dewixen, Johnson systemed septic dermative while dhearing, Award by consent for £ 20. and E116 medical expenses. Mr. McNeill fart applicant; Mr. Nicholls (Dawson, Waldron, Bd wards, and Michalla) for respondnrit, ITH AUBREY OGDEN ( Ble Hext friend, Elisabeth Ogdens and Rodickes, Lid, Loge of portion of Mnger of left hand, Award by none Bene for £ OGH15.', esa £ 6719! already pale. Mr. Currie jJoseph BH. McDougall and Cire Hel for applicant: Meners, Beephen, Jaques and Blenden for respondent, JANES PATRICK McCARTHY, and Murvan, Add. Jarred Ubumb (subsequently amputiteds, paneent wee net gM, JR. B. Phillipe, et . for applicant, Mr. Quiele it McDodgall and Currie) for Speed on RPS QUARTER SESSIONS Before Judge White, Crown Prosecutor, Mr. Crawford, Rc. HENRY JAMES CLOVER 120), Blassblower, SCC HECTOR HEWTET (0), laborer, were found gouty of a charge of four counts of brieving taken, entered, and stolen, and to north count of mallolons Injury to property, Re» Dandie for sentence, JACK ANTHONY LEDGER (34), laborer, pleaded not guily to having garaulted Harry Wedell and robbed him of £ 1, and met guilt for charge of two counts of common assault. Pound guilty abdendenced to 1A member Jail, CYRIL GEORGE BALL, 119), shestmets worker, pleaded guilty to having broken, ei tered, and glalen from ® gérege. Bound’ over for two years. The following came up for sentence:— VERNON GUNST (33), Imborer, conricked ‘of robbery white armed, sentenced to Que yrors* hard labor, TERENCH PATRICK KERWIN (id), tenman, sentenced to nine oorthe for having for mitted bigamy, ALAN JOHN ANDERSON 427), laborer, mene Lcoped to 16 months for theft, and 1 months for hevnie hid counterfeit cofna—sentences bo he stimulative, Selore Mr, duative Nicholwn 2 WILL OF AYDNEY ARTHUR CLARKE Eile Honor featryed, With Friday next, ms dec on in the afpileation by the widow for fur mer maintenance out of the estate. ‘The parties were married in 1930. At that me the deceased's Inicomet from this business is frulteter and property Was 5 weekly. Lona facing the depression have reduced the inconiy In weekly from deceased's proporcion, and as cont mow aske that the whole estate should redo bo Wer. The applicant, after probate had been granted, omited a diso which she declared that she gensed 1) held the eXteke ga executrix under the will and held Wips Crostee, and merend to appoint the testiator's brother, William Clarke, a5 0 new trustee of thet portion of the estais which pamed to the grandchildren. His Momue selt that the deed of truad to extip ra me MNM foulty, mine reserved his devi vite Mr J. Tmecton finelructed by Melarn Holdeworth, Rimmer, and Garland, for applie Monday's Law List will appear in Monday's issue Bivekheath 2. atevmha 5. Springwood 5, Kurre pong 8, Taralgs 4, NORTH COAST.—Nativicen Heads 19, Wort Kempsey if. Bellbroaic bi. HASTINGS, HURTER, AND MANNING —Port Mroquente 25, Comboyne 27, Lawrieton 1%, Matte ring Heads @ Tareen, Ginicenter 31, Poraiar 4 Seul Rocks 2. Port Stephens 48, Murrurundi #2. Beane 14. Merrion ® lunwellbrook ft Dene man fh. Dongeg 1, Crsnock Molbring 0, Fal mond Terrace 10, Newcastle 10 Downfacd 34 Bourn COAST —Wonongong M Millon @ METROPOLITAN, Windsor 1, Newport Beach 6 Turramurra bi Before Judge Betts, Crown Propenytor, Mr. Mekesh, Ke, DOUGLAR KYLE (24). Who had pleaded earthy to having Grokinm, entered, and stolen, woe eeilenced id two years’ pull KOITE MOKEET (311) inborer why had len had guilty to lacoeng (we chariot, and giving broken, sitered, and staen from Arner, WEN Kentenend to mix monthy herd labor 1 on each charge, to be suffilwtive, BSonvenees La SaaS al expunition of sentence gow werving, SYDSEY MIDDLETON (26), photranner, and VIOLET PIAHER 1201, each pleaded pulley to having broken, entered, and broken from @ dwelling, each bouid over for thee years, JORM WALBOM 1341, traveller, who had senn found gully of having broken or entered a dwelling wivistent to steal, was nenherped to two pears, and doctored en habessennal, ALFRED ERIC YOUNG (i), Ianover, Dreaded Ralty to having broken, entered, and stolen, Bound over for thee yeare; to refrain Prom BEKHOLALIN With wersonk of bad character; to refrein dramabi. intoxicating quar... THOMAS ARTHUR WILKIN (407, Dureey= Man, wee acquitted of having curimly known EB ull under Lie age of 16, The following hid pleaded guilty to her broken, entered, and stolen:OBERT WALK Wha Beiblenced if ciree ments’ Jel to date from September 21 and to be concurrent with Sinterine Tie serving: CHARLES RICHARD WOPARFLL and REGINALD ALEXANDER DU BOIS, each sentenced to six month, to dade fron September 31 wd to be esocurrent with SOTILeThe sow serving The Judey directed that run of the thee arcusted should be commited to an inetitue Hon cider Fie Dnild Wellmre Amt me tie fx. Bleation of th’ centente Inc i Turkner period nf 1 ion tte
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Sydney Daily Telegraph

Sydney, New South Wales, AU

Sat, Oct 09, 1937

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