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SWANSEY COUNTY COURT.

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SWANSEY COUNTY COURT. MONDAY. The May sitting of the Swansea County Court opened at the Royal Institution on Monday, before his Honour Judge Gwilym Williams. A Postal Sorter's Application. John Knapnran. a sorter employed at the Swansea prn,;t Office, applied for an adminis- tration order. Applicant admitted that he owed JS47 8s. 7d., and added that his wages were £2 Os. 6d. per week. He attributed his position to the large amount of sickness in his family for the two years after his mar- riage, and he had not been able to get clear since. He had been married five year? now, end had two children. It transpired Knap- man had borrowed £ 16 and JB18 13s. from money-lenders. Mr. D. Jones. Bellevue- ,street, said 15s. had to be added to his orig- inal account, and lIs. on another. Another creditor presented a bill of JEl 12s. for bread. Knapman said he knew nothing of the last Account, though it was stated that biils had frequently been sent to him. Knap- man said he had never received them, and added that a commitment had been obtained against him by Donald Robertson for £6 143. 6d. He had recently bad to borrow money to prevent his landlord distraining. His Honour said the case was out of the ordin- ary. He could not grant the administration order, and he advised debtor to make out a full list of his debts and n ake a clean breast of it. He did not think the committment would be executed until the end of the week, and that was a point in his favour. As it was, his Honour told Kuapman to lose no time and go and see Donald Robertson fIt once. Debtor, during the hearing of the case, said he had one or two judgments against him, and three or four summonses. Friendly Society Action. Wm. Williams, Church-square, Morriston; Daniel Matthews, Calvert-terrace, Swansea; and John Owen, Foxhole-road, trustees of the Swansea District Branch of the Philan- thropic Order of Ivorites (St. David's Unity), brought an action against Robert Thomas, Edward Thomas, and John Richards. Llan- samlet, trustees; and David Evans and Wm. Evans, secretary and treasurer respectively of the Primrose Lodge of the above-men- tioned Order, for the recovery of JB65 3s. 5d.. moneys alleged to be owing. Mr. Villiers Meager (instructed bv Mr. W. Howells, Llanelly), appeared for the plain- tiffs; and Mr. Lleufer Thomas (instructed by Mr. J. E. Rowlands) defended. In opening, Mr. Meager said the Primrose Lodge was established at Llansamlet in 1874, and the usual contributions were duly made to the Swansea District Branch up to 1899, when an attempt was made at secession by the Lodge. The at- tempt was, however, abortive, by reason of the fact that the rules regulating the act of secession were not fully complied with. and the lodge thus remaining affiliated to the Order, the plaintiffs demanded payment of the usual levies now amounting to £ 66 9s. 5d. Mr. Benj. Jones, secretary of the Order said the Primrose Lodge had not taken the pro- per steps with a view to SECESSION, ard he explained in what respects they had failed. In :893 they sent to the head office some pa- pers supposed to have been filled up by the members of the lodge, assenting to the seces- sion. These Were not found to hc.ve been filled up by the members themselves, as the signatures in three-fourths of the cases were in the same handwriting. The directors did not receive the names and addresses of the sick members of the lodge who wished to re- main members of the unity. If a proper statement had been sent by the lodge, showing the amount requisite to provide for the bene- fits jf sick members who wished to remain members of the Order he did not think there would have been any objection to the seces- sion. It was a condition of secession that xhe seceding lodge should be required to pay to the district all the levies due, the amount due to other lodge-s, and the amount liable in respect to sick members who wished to re- main members of the unity. The lodge in this instance had not given one item to show what its liability was in this respect. Thomas Hughes, secretary of the Swansea District, said the claim wa., for levies and contributions due from the lodge for the period between June, 1899, and December of last year. David Evans, secretary of the Primrose Lodge, said he had sent Mr. Hughes all the particulars necessary to be given by a se- ceding lodge under the old rules of the or- der, including a list of the sick members. He had been sent a copy of new rules passed by the society, in December, 1897. but did not consider the branch was bound by them, as they had already passed the resolution to secede. Mr. Lleufer Thomas, for the defence, sub- mitted that the old rules of the district did not contain any rule compelling a seceding lodge to make any contribution towards any deficiency in the funds of the existing lodges. A clause to that effect was introduced in De- cember, 1897, after the lodge had passed a resolution in favour of secession, and had only this year been incorporated with the rules of the district. It was a case of very great hardship that a lodge wisbing to secede1 on aocount of its greater activity should be unable to release the tie binding it to other lodges not so active in the getting of new members and which, therefore, bad a grea- ter burden of sick and funeral pay. All the members of the lodge voted for the seces- sion, and all the particulars required by the old rules (the only code they recognised) were sent to the district secretary. Mr. Villiers Meager contended that the new rules were binding on the lodge, and had not been complied with. His Honour said he could not agree with the defence of Mr. Lleufer Thomas that the lodge was not bound by rules in existence be- fore their actual secession. They must have known—it was their business to know—that by these new rules they were required to ob- serve certain conditions before they could secede. They had not observed those condi- tions. and, therefore, could not secede. He thought there was a great deal to be said for the lodge, tied as it was to a district the officers of which evidently did not do their duty. He decided in favour of the plaintiffs on the principle of the claim, and left the amount of the award to be arranged between the parties and submitted for his approval at the next court. Mr. Lleufer Thomas asked his Honour to state a case for the higher courts. It was not, he said, simply a matter of JB66. If the decision held good and the branch still con- tinued firm in its decision to secede, it would be the end of it. as, in addition to this claim, some JE200 or B300 was involved. His Honour consented to state a case. and when asked for costs by the plaintiffs, de- clined to make any order, as he considered that the district secretary, by withholding from headquarters documents sent him by the lodge, had failed in his duty. TUESDAY. He Left Without Notice. Messrs. Sanders Bros.. Mumbles, farmers, market gardeners, etc., sued Philip Cadle, a former servant, for damages amounting to Sl 4s. for leaving his service without notice. Mr. Christian appeared for the defence.— J Sanders, one of' the firm, deposed to engag- ing the defendant on a monthly engagement, and to his leaving his service without giving him notice on the 11th February. Judgment was given for plaintiff.—Sanders applied for witness's costs—his wife having given evi- dence.—His Honour: But you and your wife are one. You, Mr. Sanders, are getting too clever. I have had experience of you here and elsewhere. (Laughter.) The Publican and the Brewery Company. Dl. T. Evans. formerly of the Rock and Fountain public-house, Swansea, but now living near Bridgend, sought to recover from the Swansea Old Brewery Co., and Mr. Da- vies, of the Cardigan Bonded Stores, the sun of JEM in respect of the goodwill of the house. Mr. Villiers Meager (instructed by Messr; Leeder and Morris) represented the plaintiff and Mr. L. M. Richards appeared for the de fendants. In opening, Mr. Meager explained that thf plaintiff took possession of the Rock anc Fountain in October, 1899, the tenancy beinp terminable by a quarter's notice. Evans re mained in possession and paid rent to the de fendants up to the 1st of June, when th house was burned down by a fire. The ney' day he communicated with the defendants flud arrangements were made about rebuild ing the premises. Nothing was done for long time, and in the meantime plaintiff had to go away. When he returned, he found somebody else had been put into possession of the house, the defendants' alleging that the police would have taken objection to a renewal of the licence if the business was not carried on-a curious excuse when it was remembered that Evans had left his address with the defendants on the understanding that they would communicate with him when the premises were ready for re-occupation. When the plaintiff first took the Rock and Fountain, he paid Mrs. Forbes. the outgoing tenant, £ 50 for the good-will, and £ 25 for the stock. His Honour remarked that it seemed to him that Mr. Richards must satisfy him that the tenancy had terminated. Mr. Richards said that, as a matter of fact, plaintiff went away after the fire without leaving his address. The house was kept shut nntil the 21st of August, when bis clients re- ceived a letter from Capt. Colquhoun inti- mating that unless the house was re-opened he would oppose the renewal of the licence. Under the circumstances, the company wE-r, obliged to put a man into the business, so as to secure a renewal of the licence at the Brew- ster Sessions, which were held shortly after- v ards. It was not until the 23rd Ocotober that they heard from Evans, though the fire bad taken place so far back as tLe 1st of Jur.e and they contended that he told the secre- tary of the company that he never intended to come back at all. Plaintiff bore out the opening statement. For the defence, it was maintained that plaintiff had abandoned the tenancy of the licensed premises in question by leaving tho. town without giving the defendants his address. Counsel, however, added that his clients weie willing to put Evans back into the house if he would pay £ 11 3s. as rent for the time the house was unoccupied, and an amount for goods supplied. His Honour pointed out that. according to a letter written by Mr. Davies. the secretary to the Brewery Company, there was a tenant already in the house. Mr.Davies, however. replied that the present occupant of the house was not really a tenant; he was only a man- ager. In the end, his Honour gave judgment for plaintiff for JESS 10s.: less JB29. the amount of a counter-claim for rent, value of fixtures and goods supplied. The Court adjourned shortly after noon to allow of his Honour attending the grand ba- zaar. WEDNESDAY. Claim for Commission. Mr. S. Thompson, a brewer's traveller, Aberdare, brought an action against Mrs. A. G. Morgan and Mrs. Anita Harris, her daugh- ter ,for the recovery of a balance of j315 due iis commission on the sale of the Coopers Arms, Land ore. Mr. Hanker appeared for plaintiff, Mr. E. Harris for Mrs. Morgan, and Mr. William Meager for Mrs. Harris. His Honour decided against the application of Mr. Hanker to make Mrs. Harris jointly liable, and uidgment went by consent against Mrs. Morgan. Action Against a Club Steward. The South Wales Finance Co. sued William Davies, of the Bath Club. Orchard-street, for a debt of JBo 18s. incurred by him as steward of the now defunct York Club. Mr. Ivor Evans was fon- plaintiff, and Mr. E. Harris defended The debt was for BE^R supplied by Robinson's Brewery, Lin.ited. which had been assigned to plaintiffs, for whom judg- ment was given. Sequel to a Collision in Swansea Bay. His Honour, with the assistance of Captain Symonds as nautical asse-sor, heard an action brought by the owners of the steamship Welsh Prince, of Bridgwater, against the owners of the tug Challenger, of Swansea, for the recovery of damages in respect of a collision in the Swansea Entrii-uce Channel. Air. Sankey was for plaintiffs, and Mr. Mea- ger for defendants. It appeared that at 11.30 on the night oi' February 28th the Welsh Prince left her anchorage off the Mumbles and made for the harbour. She steamed on thE starboard side of the Channel, close to the gas buoys which mark it. at the rate of two or three knot>. She got inside the first buoy and saw the Challenger, which, so far as could be made out, had no stern light. It was therefore quite impossible to make out anything about lier, because the red and green lights were both shut out from the Welsh Prince. The Welsh Prince proceeded cn her course, and when she got a little fur- ther a voice was heard from the Challenger saying, "Go ahead;" The Challenger then went ahead. The master of the Welsh Prince cried out, "Where are you going?" and at once the order to go astern was given on board the Challenger, but it was too late to prevent her .striking the Welsh Prince, which was at the time on her proper side. For the defence Captain Pengelly said at the time of the collision all IKT lights were burning. and he thought from the position of her lights that the Welsh Prince was trying to pass under his stern, and accordingly gave his boat about 15 revolutions ahead. The Welsh Prince ported her helm, and as soon aq he saw that lie gave the order to go astern. There was a nasty wash at the time, and as the boats parsed they rolled together. The Judge said he considered that the action of the Challenger in going ahead and then im- mediately going astern indicated a want of vigilance, because it was a hysterical act, as if her master had 0111) just awakened to the petition. The Court found that the collision was due to the negligence of the Challenger Q in not keeping a prODer look-out, and that having discovered th,, danger the master acted with gross negligence, having regard to the position the Challenger occupied on the port bow. The Welsh Prince was justi- fied in keeping her oourse. — Judgment for plaintiffs, the'damages to be assessed by the Registrar.

NOISES IN THE HEAD.

- --ISWANSEA BANKRUPTCY COUIJT.

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