The Sydney Morning Herald from Sydney, New South Wales, Australia • Page 5

THE SYDNEY MORNING HERALD -TUESDAY, DECEMBER 14, 1909. LAW KEPOET. 99 matter was before the Full Court on November 18 on a special case, and related to assessments mado by tho Commissioner for Stamps upon certain property left by the late Bernard Byrnes, ot whom the defendants Charles Julian Byrnos, John Smith, Gowge Nash, and Pietro Coppola were executors. Mr. Piddington In the course of his explanation to tho jury said that they wore not called upon to give a verdict for any amount or to decide upon tbo rights or wrongs of the parties, as In an ordinary action, but to find certain Issues of fact sub-i "An Australian's Home mitted to them as the result of the decision of the Full Court.

The matter was one of duty on tho eatato of Bernard Byrnes, and the Act jKlXE-XTXEZ NEW HAT i GET pHOTOGE APHED IN "EMBLO." to HOUr Photo by THE MOOT BEAtmrUI DP-TO-OATB rUOCEm It composed of SUrar, Soil sad FUtiBsn, and 1b permanent. "Euiblo" ii JgMend, and can only be obtained at The Cvowa wixa. THREE SPECIAL OFFERS. jg Offer Special Bromide Cahtneta and a berclirid llJmi limit. Iniaed in a moat up-to-date frame, lor "md Offer 8oprrior Cabineti and aa Enlargement ft, a special frame, for lSe Gd.

fed Ofer 12 High Art Cabineta and aa Enlargement, tud, lor 10a Cd. flgaSE CALL AND SEE OUB SPECIAL OP7EBS. MAY AT ANY TIME BE INVADED BY SICKNESS. In the best regulated families the little ills of life will creep in. Some member of the family circle may occasionally suffer from Biliousness or Indigestion, and one or the other will from time to time exhibit the well- proviuod ior -a graduated scale, the objeot ot which was to catch property passing from one HIGH COURT OF AUSTRAUA'.

(Before tho Chief Justice, Sir Samuel Griffith, and Justices barton and Isaacs. A TRADE NAME. SPECIAL LEAVE TO APPEAL REFUSED. FortoBCiio and Sons, Kortescue Bros. Dr.

Ctillca, K.C., and Mr. Loverrlcr, Instructed by Messrs. Buchanan and Srai thorn, appeared for Geo. E. Fortescue and Souh, plaintiff a In the Court bolow, and appMcants In tho High Court and asked for special leavo to appeal against a decision ot tbo Chief Jurlgo In Equity In the State Court of Equity refusing to grant an Injunction to restrain tho defendants In the Court bolow, Messrs.

Fortescue formerly of Newtown, from carrying on business under a style similar to that of George E. Fortcneuo and Sons, of Arn-clltfe. Both parties overo implement and tyre manufacturers, and the suit In Equity had been dismissed. Dr. Cullen said that plaintiffs had originally carried on business nt Arncliffo undr the namo of George E.

Fortescue nnd Sons, the members of tho defendant firm being then members of the original firm. The old firm 1 1 person to another between its enjoyment by the testator before his death and tho enjoyment by those vbo came into the property after him. Not only was duty payable on an estato which at the time of a testator's death stood in his name, but also upon other property, which had passed away from him under circumstances which could bo summed up In this way, that although the testator bad legally ceased to bo the owner be had full enjoyment of the property up to the time of his death. Tho Commissioner treated that as estate duty, and the jury would flud upon tho issues ot THE CROWN STUDIOS, 448 GEORCCOTREITr (next Roberta' Hotel). tact, ana upon that tho Full Court would after wards pronounce whether certain duty which was floated Into a limited company, tho two- had been paid under protest should bo returned to uciondauts as not legally payable, or re defendants not joining It.

The defendants agreed to tho sale of the business to the company, and parted with tlioir title to tho busi EEBTATKENG TO MATTERS OPTICAIl; tained by the Commissioner as an amount which ho was legally entitled to charge. There were four properties, which the Jury would ness. known symptoms of Constipation. From these little troubles more serious complaints arise, and should, therefore, not be neglected. The sljght headache, bad breath, and discoloured tongue are the index to a disordered stomach, and the necessity of keeping a safe, sure, and reliable remedy in the house is apparent.

By following such a course the more expensive method of calling in a doctor will be quite unnecessary. The doctor is a luxury that thousands and thousands of people can ill afford. The necessity of calling one in is considered a calamity in a family where they find it hard to secure the common necessities of life and make ends meet. Doctors' fees and chemists' charges keep a poor man poor, and discourage the young married man in his efforts to save and acquire independence. Sickness is no respecter of persons.

Rich and poor are subject to all the common ailments disorders of the stomach, liver, kidneys, and blood. In thousands of homes throughout Australia and New Zealand in the mansion, the villa, the cottage, the camp, the homestead, in the settler's home and the bushman's hut Dr. Morse's Indian Root Pills are the hfillSpTlolfl rpmorlv. TTipv nnrifv t.hn "Rlnnrl omront Mr. Justice Isaacs: Tho question Is whether Fortescue Bros, was coinu3ea Willi u.

E. or tcscue nnd Sons. tn the nubile mind. JHB NAME OF. have to consider, namoly, at King-street, Newtown; Wlllougliby-Btreet, North Sydney; Ernest-street, North Sydney; and at Lelchhardt.

After the case had been opened the jury was discharged, It being agreed that the evidence Tho Chief Justice: Do you rely upon the similarity of Dr. Cullen: Yes. Tne enter juage in Equity given snouid be taken as part of the special said that a person was entitled to use his own namo in a business, unless he was JTOODS IN THE VICTOKIA MARKETS (No. 28) HAS BECOME A MUCH-SPOKEN ONE. case, and that the Court should have power.

by some action of his own. Plaint. us (tho pro wmmm sent applicants) claimed that defendants had estopped themselves by parting with the iu oraw inferences or race. Evidence having been given, which Is to be taken aa part of the special case, the matter ended. THE MANLY COACH ACCIDENT.

namo. goodwill, and business, rmntms and acquired a reputation as 'Fortescues" for vari ous manuiacmros. inciuaing some patent aa- Kins Manly Livery Stables Company, Ltd. instable tyres, tne dosign 01 ono or tne mem all nattCT ha fbcs MtUttfte -to-fbcat vfao molt him. Bow is thia molt attafawdf Be pactiaei an optician (oenwaStimftai apeo-ttde-mkiQg) only, and tin peciii-iM ia that Abaction.

And his qaaUAcatiamf A Tisit to him will place rev la the attrition to pM judgment on roca, BeU-aDnrictiiB bdaf psc tesbl4o the wordi of otken. Mr. Bettfl. Instructed hv Mr. A.

W. bers of the now company, ueienuants, amongst Weaver, nppearod for tho plaintiff; and Mr, other things, put on tho market a new patent Ralston, ICC, and Mr. Boyca, Instructed by Mr. W. A.

Gilder, for the defendant This adjustable tyre designed oy one or. mem. uon-fuslon had at once been caused. Liver, stimulate the Kidneys, and tone up the Stomach and the whole system. Taken occasionally, Dr.

Morse's Indian Root Pills are a great protection against all common ailments. The Chief Justice: The application, then, was an action in which Esther King, widow, residing at Mosman. sued the Mat.lv r.tverv was simply to restrain defendants from using their own name oiiiuio company, Liimitea, to recover compen- Dr. Cullen pointed out that defendants had aitLiou ior injuries sustained by her in conse Bat he will 17 tWir "Hlf biMliiiaa, fa tn it nth ymt, aB eaaturaei to focraue, itwiti-rtDding th numbas who htm entered the optical field lacently." IN THE VICTOKIA MARKETS (No. 28) quenco, as she alleged, of the negllgonco of assigned the name in the old business, and now carried on business against the jiew ueienoant company or its servant.

Her cam KEEP A BOTTLE IN THE HQFI3E. company to which they had assigned it. as stated by Mr. Belts, was that on tha afmr. 4018 CENTRAL.

The Chief Justice: The naming 01 certain noon of May 23 last she was a passenger with articles as "Fortescue din not give you uur sou in too aeienaant company coach from mononoly of tho name, why not make tno fapit, Middle Harbour, to Mauly. After Dossinc-off case? Surely tho use by defend reacning Ked Illll abovo Manly the vehicle proceeded safely down tho eteep incline for ants of their own namo was not deceiving the public. ivu or yarns, wnen the driver apparently jumped down to tho road without bavin hni.t ur. cullen: The name or ii-ortcscue was one of the most valuable assets of the business. DISTINCTTVE ELGH-GKADE TATLOBDrG.

of tho reins. The horses and vehicle then ran Mr. Justice Isaacs: Do you asi. mat de nt headlong snced down tho hill, nmi nhmit. Kn fendants should be compelled to take pre yarus rrom the bottom came into collision with a telegraph post.

Plaintiff was thrown under cautions against the confusion of goods made by tho two firms? tne coach, and sustained a fractured collarbone and nose, a severe cash on the head nnd WHAT A MOTHER OP TWELVE CHTXBIIEIT SAYS. Mrs. Lilian DanEcrfleld, Crystal-street, North Broken Hill, states: "I have been a sufferer from Indigestion and Liver and Kidney complaints for some years, and on one occasion I was laid up for over a week unable to attend to my household duties, A gentleman reconunended Dr. Morse's Indian Root Pills, and I found aour remedy excellent. It afforded me Instant relict.

I am the mcther ot twelve children, avo ol whom are now married, and we all take Dr. Morse's Indian Root Pills occasionally, and regard them as a household medicine of groat merit, and always take pleasure la recommending them." Dr. Cnlien: Yes. The Chief Justice: Tho whole case rests well Ml STJPEEI0E TO AIT. OTHERS.

"I havo taken many medlcinos for Biliousness," says Mrs. Emma Bryant, 133 Nelaon-st, Annandale, Sydney, "but I find that Dr. Morse's Indian Root Pills hare done me far more good than all tho others. When taken at night (two nt each dose) I and that their mild and soothing action at once gives relief, and I can perform my household duties next day with pleasure. I always keep them on hand, and I would not bo iritiout them." sundry bruises.

She was taken to a private HUSBAND, WIFE, AST) CHttDREH TAKE THEM. am very pleased," writos Mrs. P. Woods, 417 Chapel-street, South Yarra, Melbourne, "to bo able to testify to tha splendid quallHcn of Dr. Morse's Indian Root Pills as a family medicine, and can safely say that they have no equal for family use, as they are suitable for persons of all ages.

My husband, children, and self all use Dr. Morse's Indian Root Pills, and no other medicine la required, as a -dose now and again keeps us all in splendid health. For all common ailments Dr. Morse's Indian Root Pills are a valuable corrective. No household should be without a bottlo." Howerar, ttttse are 10 clear daja nospttal at Manly, where she nsmalnort rr threo weeks, and was subsequently confined to her house at Mosman for four weeks.

During upon the use ot their own name by defendants as a matter of fact, not of law. You want us to lay down as a principle of law that If, say, somo Smiths enrried on business and disposed of it, tho Individuals Smith formerly belonging to it could not carry on business under their own name. muL tuna ae suuerea mucn pain and incurred BoH, tho tic net 10 day la wUdi to acfeet yew BBii jo ttatn DlMtiacOn HhpVde Tnhntoc. A Soft made at B. O.

Bton wfll aadafy the nan wbo dairee that comftat and dwaatnim that only goad Ckrthea can aire. ncavy expense for medical attendance After me acciaent Mr. l-'orsythe, one of tbo directors of the defendant company, sent for Percy King, the plain tiff's son, and told him that the acci- Dr. Cullen: But they expressly sold the trade namo and trade mark, and I submit Oar Saftotor QuMium HM toit are nal "top- ueut uccurrca tnrougn one of tho horses stumbling and throwlne the driver nff thn vohlr.1. they are not entitled to use tne traue name without adequate safeguards.

but plaintiff's case was that the accident was brought nbont by negligence. Damages were The unier Justice: tho juage Bam the case ought not to have been gone on with, and dlHmlsBod the suit. uerendant company pleaded not guilty. The case stands part heard. Dr.

Cullen: Yes: but It was not on a ques tion of fact that we failed, but one of law. The Court refused the application for NO. 1 JURY COURT. special leave to anneal, and did not call up on Mr. Maughan, who appeared ior uciona- Let aa at ya yuufo Joat fot thna to write for flW MLaauilaa Ontflt it yma naida la the- Qomtxj WJT DO.a HOW.

R. C. H1G0N, sffHEl BK TATTtORTNG- BUSINESS 1 fiB9 "KDSfCtSXRESEH ONCE. (Before Mr. Justice Cohen and a Jury of four.) ants at the court below to address it.

SPECIAL LEAVE TO APPEAL GRANTED. Minister for Lands Campbell and another. CLAIM FOR 25,000. Pitt, Son, and Badgery, Municipal Council of Sydney. This case Is still unfinished.

(Before Mr. Justico Sly and a Jury of four.) Mr. Canawav.r instructed bv Messrs. Col- quhoun and Basse tt, asked for special leave to appeal on behalf of the defendants In tho uourt below. John Campbell and Robert Rede, against an interlocutory judgment for plain Wheatlcy Slggs and another.

tiff, tho Minis-tor for Lands, In an action at common law before the State Full Court. Tho Air. James and Mr. Betts, Instructed by Judgment practically disposed of tho action, ouu Hviio, mi uouiinrrii, ap. peared for the plaintiff; and Mr.

Shand, K.C aud Dr. Brisseuden, instructed by Mr. PC ETl ElTDS as it dealt with a demurrer to tho pica of plaintiff. The amount Involved was over 600. The action was taken by the Minister for Lands against defendants as holders of certain Crown lands from 1900 till 1903, under Houston (Messrs.

Houston and for the defmdant Swan. This was an action brought ON CTHE STOTE. u) new uoiaiHy, block ana tuuoo agent against William Slggs and Arthur preferential occupation license, for certain Swan, to recover the sum ot 2(72 lis 6L amount claimed to be due for money paid by fees appraised by the local land board as rent for Crown improvements. The improvements were cuectcd by defendants on their pastoral ABE A SAFE AUD RELIABLE REMEDY FOR BITJOTTSWTRfi nrmnvsnrnrr iu iiiuiuhu i.i uis uticuouuw in connection with the purchase ot cattle. The mm holding, which had been converted into a pre Aim TTmTT.Tr SALLOW COMPIEXIOS.

tho plaintiff has already been staterf. Th. ferentlal occupation lease. Tho tenancy had question wra wuemer a partnersnip existed In been continual by defendants. The Chief Justice: I do not think you want impuss, BOILS, BLOTCHES, AST) FOR FEMALE ATXMEHTS THEY DO NOT WEAKEN.

THEY DO NOT SICKEN. THEY DO Wrvn lue iruubwuuu ueLwcen ueienuants. Defendant Siggs did not appear to defon Bw Baeeea of year Oooldnff depends on -the Cjoattty Ml Efficient ot the Store. BETTERS ffTOVES are Modern, and an the Handi-att most Reliable Cookeia la the Uae the 'SAMSON" ii a splendid store for coal or coke. The "NEW EOTAL" baa no equal where wood mt rneL We fane a most Oomph Catalogue, Free, ihowiac all chones ot Cooking Appliance.

HI stOEetaepen and Irotnaooceri of capote are oar leave. the action, and Swan pleaded never Indebted. Mr. Canaway: We are out of time. It Is wiurjj, very important matter, oJfectlug the holder of every preferential occupation lease.

The Chief Justice: You may take special leave. The question haB to be argued sooner uia vnov ab buu it. i iituiru. EQUITY COURT. (Before Mr.

Justice A. H. Simpson, Chief Judge in Equity.) CORDIAL-MAKERS AT LAW. relied upon by the plaintiffs. Ho declared that disagreed, made an application that the matter 'ow days ago, and had nsrvwr befor.

or later. The application was granted. POWER OF ATTORNEY. City Bank M'Laughlln. Schweppes, Limited, E.

Rowlands Proprie casual proOt. but formed part of tho trust friends nad sufficient funds to emraee leeal estate, and he held that the plaintiffs other assistance. than Mrs. Mudle and Mrs. Dlggs parted with His Honor saw no grounds to obiocL so lone their Interests to the defendant.

Ho further as tho Crown was u. iu iiuuoie. His Honor rormmded prlaoner for sentence. STEALING BICYCLES. a.

Mr. Longer Owen, K.C., and Mr. Mann, In tary, ijimiieo. Mr. Gordon.

K.C.. Mr. Knnr xr an METTERS, 'AUSTRALIA'S LARGEST MANUFACTURERS OV WIHDXTLLS AKD STOVES. BHOWSO0EXS. fiSft and 658 GEOBOEVSr, 8TDNET.

mruciea uy Messrs. ana iiiacii, peared for the appellant, the City Bank; declared that two-Bfths of tho sum wore sub case was a most difficult and complicated one Ject to the trusts In the declaration of trust in1 from the medical standpoint and be thought favour of defendant, and also Mrs. Mudle and; that Mr. P. K.

White should 'be retninri wmnnonaes f.r ncnalt. tj "v1" ArbittaUon. For heartagwtoiirnwm for ra, rlsoll (two United oJSS1 14 AppltaVli SSStISi Tt binders ami Paper Kidmlnrf. Olouk. Kcuu Oroceraf Leverrior, instructed by Messrs.

Norton, Smith and appeared for plaintiffs; and Dr. Cul-I ltn. K.C. Mr. Rich, nnd Mr.

Prffn Mr. Loxton. Mr. Watt, and Mr. C.

It. Teecc. remanded for sentence Mr. E. R.

AhtiTnfi instructed by Mr. Harloy M'Laughlln. appear- John HnJn.no i. by Messrs. Vllleneuvc-Smlth tnd Dawes, for thJ Mrs.

Dlggs. In respect of the counter-claim, i The Crown Prosecutor did not raise any ob-the nartles had come to a compromise, the 'lections to tho matter staivltn. mA. eu ior too respondent. John M'Ltautrhiin.

a tTninJC' me property Argument in this appeal, in which the City Bank appealed from a decision In Equity by uyicuuii.ua. me neanng or this Bult, which had reference to an alleged infringement of plaintiff's trade mark, was concluded, and bis Mr. P. K. White ffnvn th.

hi. made ne order aa to costs either of tho suit vjw. frisoner was mmanHi fn. mr. justice bltcci, aireciing tne DanK to de or counter-claim.

NOT GTJILTT. liver up certain deeds of a Waverley property juagmem. William Darwlfnt. vnnth wnM n. to responaem, was continued.

BTYIISH CREATIONS IN IQJEOETED FOOTWEAR. to a f.hr,n "jr -v? nr. Ltoxton rcnacd at lencih. and a s-nnrt Jnitl Hoard. At 8 m.

Sa to iajj- A MINING DISPUTE. MOTION FOR AN INJUNCTION. Chadd Cranston. lucycie, tne Ka. at Sydney: on deal of attention was directed by the Court to respondent's trusteeship In the M'Quade estate.

Mr. Watts continued the argument for PROBATE COURT. (Before Mr. Justlco Street.) A POLICY OP INSURANCE. Walker "Walker.

Mr. R. M. L. Inncs.

intrnA.aj respondent. la Bine. iaa agents for Mr. D. P.

Clavorle, of Armldalel. Argument had not concluded when the Court Mr. O'RelUr. instrtfeted br Messrs. Gannon Fawn, and White Laust Patent Canvas, 16, 711.

Ufi. hmion Sbo. w9. rose. AhfTre, ptJj7UL CRIlOJi-Ali COUBT.

iwv uisni-. a J3ITOBTED STYLES. agents for Mr. A. W.

Slnn.nn ance that he would notify tho Crown, so that counsel mluht bo engaged for accused. The case was postponed until Wednesday. QUARTER SESSIONS. (Before Judge Backhouse and Juries.) Mr. Herbert Harris, Crown Prosecutor.

WOUNDED WITH A BOTTLE. Stephen Callaghan. a young man, pleaded not guilty to an Indictment charging him with maliciously wounding Robert Mather, at Pyr-mont, on June 5, 1909. Mr. P.

K. Whito appeared for the accused. on Mather took place at a party at Pyrmont. The accused and tho prosecutor were both guests, and the accused took exception to nro- near a yuns woman, whom Callaghan announced an hi. ntn Mr.

W. M. Daley appanred for the defence. 1 ccused not guilty, and lie was discharged. PLEADED GUILTY.

Eul'ty to. a charge of breaking and entering and stealing, and also to breaking and entering, with Intent to steal. He was remanded for sentence. A FIRST OFFENDER, famM Ackerman. a young man.

(Before Mr. Justlco Barton.) SECURITY FOR APPEAL. Mr. Blgnold, instructed by Mr. II.

E. M'ln and SonB, appeared (or the plaintiff, Nathaniel Walker, the executor of Hamilton Andrew Walker, deceased, in support of a motion for; probate of tho will. Mr. MacLaurrn, instruct-: ed by Mr. David Fealey, appeared for Essie I Anmi rraraon, McaoFgrS'SyTrnl: Cra.tonlTohn' tosh, applied to have the security fornrosocut imiuu This was a motion tn Be his ing an appeal reduced on behalf of Charlon v.

room anil a.m. Sh.i 1 am--Snnnol Vaaiwaranafatfate a sjonr lead to np-to-aae LKbea Footwear. Here are two at the rerr htet tint have jost reached ns from Europe. They aa faihionable, and tctj eaar wear. Oarke'B ladies Sailor Bow Bhoea, all the rage, Patent, 21; Tan, 198; Glace Kid, 179.

Also White, Grey, Fawn, and Bloc, 136, BottacVa High-grade "En Tout Cas One tetrcan be nude into three styles, Bockle, Bow, or rAaarr Lace- Tan or Black, 21; Mew Broaaa Isedala, Cuban Heels, 186, OPEN ALL DAT SATUBDAT. COUNTRY CLIENTS ADD Od FOR POSTAQE. Turner, who is appealing from the judgment ot icr Maud Walker, widow or the testator, to oppose the motion, on the ground that the testator, when he executed the will, was not ot sound mind, and did not possess the re Bowman. Khan jT.honTnJ" Cooin The llrt will tfiM2'' The lit w(U hr raliij Bangar. Notes Before the Registrar, in Vc tne un uourt or tue state making absolute a decree nisi for a new trial, or tho entering of a verdict for the defendant com nan v.

in his tlon to tho hearing, or until further order of the Court, restraining defendants from "fling charging, or dealing with or disposing The and lease of a scheclite mining property In the parish ot Mets, county of Baidon 7 yCQTnt hlf Honor oraored that the Injunction be continued to tho hearing, restrain- At quisite testamentary capacity. O'RelUr Graves. Ltd. ai i. 1 10.30 action against tho New South Wales Mont de i ii.io a.m.; VJ "is, said that the estate consisted only ot an insurance policy for 100, and as this might bo tune, L.W.

j-iete uepoBit anu investment uompany, Limited, for trespass and detinue of rnrtnin a hi. olfendcrs clause, on for 12 t0 ot Eooa behaviour eominnTti He ls0 orKired to make swallowed up in costs 11 the suit was lougnt out he had suggested a settlement. vcrtisement contracts. Mr. Ferguson.

In Hiah-trrade American, Patent. 25. an. POUCE COUETS. fHanr.SUi.

Mathor, with two friends, was called outside by accused, who ltnKtnck's, Taa i vi luq iana, lease mlna machinery, or tools th. lr.01 His Honor: Has the testator left any chil or structed by Messrs. Dawson, Waldron, and Glover, appeared to oppose the application. Kid or Tan, 276. uiace Kid, 22G.

dren defendant, to 1 at liberty penSl ing the hearing to carrv on nis nonor reoucea tne amount of Ronnritv DIDN'T ANSWER. Arthur fin. r.ll.,1 THE AMERICAN Mr. MacLaurin: Yes: two Infants. His Honor said the case was pre-eminently head with a lemonade bottle, which deprived him of consciousness.

Accused denied the assault, and said that lv uuuci vcivam uuuuiuuna wmcu ne dc- SHOE COMPANY, terms of tlllns In court an accounTJf and expenditure mnnrhl. i "c.oln.t taueu. TIFERTS IN FOOTWEAR," 418 OEOROE-ST (between Roy.1 Hotel and Strand). TeL City." etwecn Royal Hotel and Strand). TeL Jin.

a in Muwur 10 nis ball on a charge of receiving a bicycle. The Crown Prosecutor asked tnat the sureties bo osTJeaVS Ihe hearing of the case was. on the altZZ KfKma AST. TIinKATEMxn WORDS. charged with Dickenson on KoreTobcrT to Allce 5'ad It waa stated Hist oinirfSnii.

1 B'" whea the ivord. comrtainid LS" atanbr who gave a JSl "5 was ordrmi wa, convicted and inJS and paying into court I one for settlement, as neither party had anything to gain by litigation. But any compromise must be with tha consent of tha Court. niiiga sirucK prosecutor thrown by someone else. Tho Jury found the accused RUlUy.

The corder having read nvnr ii.t 1 0n" lion of Mr. E. R. Ahlmi SUPREME COURT. BANCO COURT.

Friday morning. The suit was Vom adjourned to the follow ,1.11... hi. AN EXTENSIVE STATION. Myers and others ing day for a settlement.

reinaraen tnat prisoner's record was a bad one. and remanded him for Mr. It. K. Manning in.7""T',".u" (Before tho Acting Chief Justice and a jury WHEN YOU PLAN A HOME.

montha' irapriaonraent COSU- or default four 7 7a the to LAW NOTICES. TUESDAY, DECEMBEB 14, mrm mmw ABOUT A BANK-BOOK. Alt.n mi. ui i our. -CLAIM BY A HINSR.

Wheeler Mount Pleasant Coal and Iron Mining Company, Limited. INDUSTRIAL COURT. (Before his Honor Judge Heydon.) BOARD FOR BATHURST. Mr. Stuart Robertson mado aonlicatlon for a Mr- Naughan, inducted bv elderly man, pleaded Ktliltv to a nhnnr.

nf n- the rot sons of tober 6, 180B, at Sydney, wllfnltv mnni For Htaring.At WJo Tne ratr Bonk of R.4 icy aLauglilln (part heard); nSl-n'1 Mr. L. Armstrong and Mr. Porrv inatnitn IT. iiOni' Innaa OPIUM SMOKERS.

statement that a bank pass-book Issued by the Ravine rtnnl. k- oy Mr. a. a. iysaght, of Wollongong (by his agent, Mr.

B. A. M'Brldo). appeared for structed by Messrs. Biddulpa and Salcnger.

for tho defendants. Infant grandchildren and nephews of tho testator. This was an RTmnPinT itnrtnin PRRnAlTTlftva Wte joo plan a home, girt apedal attention to the alte. No matter how nice your home ia 001 appear well unleaa eet in a auburb ol good homes. We can atrongtr recommend the sites below.

Build tout boma on any one of them, and jou will nenr have canae to regret not then assigned or pledged or lodged with wages board for Bathurat, for the Shop Assistants and Warehouse Employees' Federation: ot Australia. Mr. King, secretary of tho Country Storekeepers' Association, appeared i for tho association; and Messrs. L. Edgier and iSSi'f iS." Jam.

me piuioiiu; ana nr. uroomucld and Mr. Mo-eatta. Instructed bv Messrs. Perkinn to Vin S5 "nnectlon8 with No 1 U.U.,.

I. Kfc 1 ittrt son, and for the defendant company. This Mr. Carter Smith, who appeared for tho prisoner, said that Hlnton was arrested' at a House, of whicli h. ik i be nurd f.r i V1 the t.

Austarlia. comprising s.ooS.OOO ill which wore denasnirH siAAr. 7aJi jo. ana wood ana uo. opposca tne appll also charged with oplam2ltS fof was bd action orougni oy Airred Wheeler, coal miner, against tho Mount Pleasant Coal and Iron Mining Company.

tn No. 1 (Jhubw, ln Ko. 4 Court. cation on tho ground that 90 per oenL of the Bathurat employees were not Interested in au ne was lot out by the "1 5 and the bhlt compensation for Injuries sustained by the nuivu inKen as security, showed a credit balance of 60. On the fol- Kotire to Jurors.

The Juorjin attimnVnn. v. toe matter. Mr. V.

Kcid appeared for tho Master Retailers' Association, which had members both in the country and tho cltv shona. t.r'.r SUch nropey an a HT-S of tho Income So-rived from the manaeemont nt pmniLiu in jiuy taai owing, as ne complained, to the negligence of tho defendant company n25 not uay prisoner wont to the bank and made a declaration that ho had lost the book snd withdrew his money. Prisoner on October Ills br.rooin to tho iLirth 1 lvlrc 'rotnl ImrihkT to piln a "'most and opposed the application. Mr. Meagher, of Messrs, J.

Meagher and appeared to ur iiu aorvBHiu. jLuuuigus were inia at 500. Defendant company pleaded not guilty. Upon the close of the evidence. Mr.

Hrnnm. the pan-neara ai JS since the death of the testator on October ISOo. It appeared from tho affidavits that for some years after testator's death the property was unremunorativn. hut i. two months on "nnl Held asked his Honor to direct a vnrdict fur No.

Causes, fn Ke. Part. .1 On the application of Mr. Klnr the cam wad on the arinnH na on the nlh uiuil manager, nna admitted what ne had done. The manager referred Hlnton to hlj solicitor, who got 50 from Hlnton, nnd nold It Into court.

Prisoner was sentenced to three months' imprisonment for his offenco at adjourned until February 14. His Honor, in granting tho postponement, said that bodios lika the Master Retailers' Associaflnn. nnnnirv iffinrr tue JTnUinnititi. 1 sln Hop, was fined 2 or nne month, fa the defendant on tho ground that no negligence on the part ot tho defendant rompany had been shown, and that If there had been negligence on tho part ot Fox, tho other side 'IrMlR anil nnnlliar it t. BELLETTJE Bdghbj EsUte.

the pick of Sydney's most select and Und" mlmitea Irom the O.P.O. choice Lota, only 5Ss a loot: IS years' terms i you like. the Railway 17 miles from Sydney. Blocks ''I an acre to over two acres of the richest mil; small blocka from U. a lrom Terms from 2 deposit, monUily.

the Railway Ex tmakn. Full acres, on Grcenacre park tUte. toe Tiews deli-chlfol tnga, in a healthfnl suburb, only 3i Terms from deposit and 10. monthly lots are Increasing in value eyerv day. Lou on Kensington Estate, No.

Subdfvlirion, near 2d tram, only 60a a foot; aa deposit, balance spread over ail yeari a Chlnm. gardener, smoldng opium. has been returning substantial profits: Questions have arisen between tho life tenant? Md as 1 of such iiroflts. and as to tho proportion expended In developing the station "ioo niiMoerr (or Ballway. Tr u' uiti neing suspended.

He was oiuruiieeperii ana uamurst DioreKeepers AS' soclatlon required time to arrive at a do aia not reiy noon u. in any case, it wnn nm "urne aa excellent cnaracter. Ills Honor: How do vol! ncnnnnt rn. negligcnco for which defendant could be hp Id cision as to their attitude on the question. liable In this form ot action.

If tho electric Before the Chief Oleriti Kakhaab' Hom. In the nnprano Court of New South EISCTJIT BOYS' STRTKE. The PATENT MEDICINES BOARD. son of such a good character getting Into a auto liko this at a public plnce like Manly? Mr. Carter Smith was unable to any.

Ho asked, that prisoner bo either bound over for Q. R. Yaung. secretary of the Shnn A lights went out wnue piaintin was proceeding along the tunnel. It was his duty In his own interests nnd those ot his fellow workmen orter that the i sltants' Union, made application for a board for all employees in warehouses selltna natant Aftor nrgument, his Honor said he was bound by a prior decisoa of Mr.

Justlco Manning i relation to tho same will, and therefore declared that the dividends from time to time ii respect of the Western Australian VusImm belonged to tho tenants for life. Other oues-tlon; relating to tho sale ot testator's Interest in the station business were not pressed ROSE RAY. Lota on Cardhran Eetate a picked siiot In thia aplendld mbnrb. Large level lota, near golf HnXa, tram, bearh, nd hatha. Only 37a 8d a loot.

Tenna, 2 deposit, 1 monthlr. and tho company to return and report the mat cult factory fame uV una Sffl2 cuuea upon, or givo him the benefit of the provisions ot tho first offenders fn. oc set down medicines. Mr. Stuart Robertson appeared in support of the application.

Mr. Wegg Home ter to tne manager. Mr. Armstrong submitted that the matters referred to wore entirely for tho jury. His Honor declined to dlroct tho Jury ns iu 'nai-anentloned Toort on the div.

ft 1 Tel. I wiuuno u. ise ivTIDieS ACt. Prisoner was bound ovor to appenr for sen- appeared ior Messrs. union iirotners, Australian Drug Company, Chae.

Markell, Sayers, v.u.a tt ucu wnilKU upon. in uanmberi. At 9.30 Ex nart. 11. manilatmia hrardl.

'lacpherson, (Before Mr. Justice Street.) DISPUTE AS TO AN AGREEMENT. Miller nnd others Mnr.i. AN APPELLANT'S OMISSION. nuiiuri.

j-i-uprieittry, raner ana Hints, Bur' rows, Wellcomo. and Parke Davis; Mr. Reynolds appeared for Messrs. W. H.

Soul, Pat Pfo' tho they did not return tc Twork in nTo Je wou tnkn CZl. "T0 minutes ha) in the Chief requested. In answer to a question -by his Honor, Mr. Armstrong Bald ho was not relying upon the electric UghtB being out, but contended that even If they were not out, tho road was not An appeal was lodged by Mav Wilson. AETHUE EICKAED AND 8aB PnT-8TREET, AUCTIONEERS AND REALTY SPECIALISTS.

ViMntin on tniir aa at Mr. Rich and Mr. .1 A n. UIIDUU. HUU VD Some discussion ensued as to whotWv inottsn for annriwal At lilll and ConVg.

Act, "peuK for muwuvH 01 six montns' hard Ubour In tho Long Bay RoformaUry Imposed upon her for vagrancy, at the Central Police Court, by Mr. o. H. Smlthers, S.M., oat Novombor 3, 1909. His Honor pointed out to wholesale establishment was a shop, but bis Honor held that shops were retail places.

fill. i.nj by Messrs, reasonably safe to travel, being encumberod with obstructions, chiefly the roller over which tho plaintiff tripped, also the post in tho cen uv.uu, luB ueienaant. point uTSSr, SST 1l JM!" 'P- Ono hnv erloS Will was a suit brought bv A1f.vr.nfW r. rwu'W. mr.

noDeriBon contenaea mat me warehouse! terms of 8chnm.i.h.r B.iEJE??' tre ot tho road, and tho fact that the sleeners ler, William James Hall, Hannah Jane ni" wer either storemen or shop Ruth Mnrllii Uurfla 'Hlntnniti. Jmennoned; Heynoio. HeynaMi XZXX ral grounds of annual in th. and tho other, responded wltb Shout "No." Thorn ball of yeast JSjih Ztl Mayford Morris. Edwnrri 1.

er: Tho annllcatlon was dlamlmiiid. were not level with the soil. His Honor, in summing up, said tho plaintiff was bound to make out the case set up In the declaration. A person took the onitnnrv Before Mr. JesHce Jnr.

negloot on her part would probably be a point taken against her at the hearing, nnd might Compsnlss Art. MIIHon ...1 SXulDtLanit Morrifl- Paying STOREMEN AND PACKERS IN WHOLESALE vious night, which was likclv in i put through tho miSViaf A WONDEEFUL INVENTION. NO MOEE LOOSE PLATES. Patent Pletlble Buction which I attach to "I TmUi without doubt the Eli .5 I1 attaching Plstea to palate. Ry ait attachment Tti.

uiidt 11 of aydney and y. In 7 7 7UUX ai "'uu JJKUU STOKICS. in respect of certain land nn I risk of his em ploy mem, but he was not bound to accept tho risk of somcOilng which might COB "Kalnst her. Under those clrcumstancea tbe appellant might consider whether she would not withdraw. Appellant, who was thnnt i the M'isi'er iZVT be in tho nature of a trap: and the defendant I subject to a tnist hi woro "toroinen nnd packers employed in whole, company here had tho obligation cast upon ihS rt Jfl.U BL8 alntiffs, and sale druggist stores.

wrrgts: rtory'Lbaooor2 in. appeal, aitnough Bhe tncro or snowing inat tno piaiutlK knew of tho 1 "8ira'ped by the i His Honor: I have power under the Aet to lnJunptlon The annoat Wnn armtMr mil intastio i nines, i could nut things risk, and voluntarily Incurred It. If the Jury ot the Court from apply- tho most 'fanUstlc were of opinion that the plaintiff had proved ES Sandra branch of miller tho Commerrlal BflnirinV ol miner and llalmaln New Fe'rrv i Wnrk" under tho Aerated Waters Board. But under the Aerated Wa unaer too Aerated watora Board. But tlon formally conBrmed, without costs.

ma cnao nicy couiu give mm inir nnd reasonable damages to camnunsate him fnr nin NEW ARRIVAL IN TROUBLE. for. or wcell TmnSt of s'dney I n't 'ant to do fantastic things. The Act SSS nofonL'tteeol Jury he lmd Buffered, but they must not nl- William John M'MMinn Welsmantel unrt I'ormt P-m" A- WrlsmanM ind tVrnT uv iiutuini tcciiuK ui Bmpainy to in- ch.arl!0 01 overcoat, g.nrot!.box' Dal.r of scissors, nnd a pocket- "n1 81,0 lo the j-atXff15? O'lOWErt PATENT SUCTION SETS, Hi. lew t1'' Bcmodelled and made equal to ww, nt guaranteed.

Mt DPrEIl AND LOWER SETS OF TEETH AT 11 K. psticnta all over Atrrtralla. a 'a" ars. St "Inutes at la and lid each I itr?" PANOKR, NO IU, AFTKR EFFECTS. wknT J.n"''Jnr charge for Painless Eitractloni are.tlven for Artificial Teeth.

Tho Jn-ter about cons.dera- FSuSy ScTJff I returned a verdict for tho defendant com- Br .1 to thoVe noifirn I5 Kanner acted aa spokesman, and declared the boya would not go back IT JZl a5 he would not and ho did pot th people who asked him to do so. i uo ho. tlon, wni be a't" VL 1" or unnert Joseph Hasle- wood, from tho rtwelllng-houso of FreXMck Robinson, at Sviin.v. 11. 1." r.r.?rlolt pany.

biiw ai.ira inat ann nmit n.M .1 larito sums In rnnnnMInn 11k aoouio DO wunout one notlco. large sums In ronnertlon with tbe land, and asked for a declaration lhat she was entitled msmm "luroauie to tby. will Ca8 Was. tnat PfOMcitor. 'who as better known ns "Bert Oflhn.i KO.

2 JURY COURT. tu me iuiiii, or in tno alterna- tabiN nn ing at the Oxford Hotol. King-street, when thn property was Ukon. When M'MIUan was snS" In l-nnapy. neforo th (Defore Mr.

Justlco Prlng and a Jury ot four tlvo thnt might be made as to QUESTION OF STAMP DUTY lino estate or Interest taken by Commissioner of Stamps Byrnes and others 'h moneys expended by tisl l.hi ii i a. in. III! IriaranA CENTRAL CRIMINAL COURT. (Before Mr, Acting Justlco Docker.) Mr. C.

A. White, Crown Prosecutor. THE GOULD-STREET MURDER CHAROK. dtrSuJnl MtWi No matter haw he could not give a satisfactory acc MY HiwTi Teeth In OMR required. Penonal Attention.

SPENCER NOLAN, OaXlTORD-STWDBT, NEXT JOE GARDINER'S. of h. m. iv nV.iV 1 noropson, In- Tho suit wss commenced at tho end structed by Mr. J.

V. Tlllott (Crown Sollcllorl. Novcmbor. aid lasted nnn.in;.ki" 1 1 nefom the KMnr, at 10 tlon for rclcaaei Oeorsc Wtttl.m atCemUcn'; or tno ln wnlc'1 Cholera, an ninrrhoea Romody novcr falls to give rollef. Advt, Ajrrrwrinri'a win.

m. remember anvihin. 001 under sccuon so Ah" S' and MrP LovrrrinardiMr' Wl" thRt th of Tl' murder nf fiS Ti by tho case pointed tn the Improbability of Mr. S'liJib 8elby was set down. Mr.

T. J. Purcell, for. tho defendants. This I Morris having Msented tS tho iVo.in.nt Mri PP" rod for th.

ae. Alfred num. iimry cmiui, zz lelllea. inu i nMt ii.i1'BITfl.li COtmT. cus.4 the previous th.

iWTS, 10 a.m.-rorr Pin. i. had only arrived from R. ndm TfOS TODAC. ntrj or Tin iVll ivOtiih -AOvW.