S.M. COURT, AKAROA.
(Before T. A. B. Bailey, Esq., S.M.)
I LICENCE OASES. H. Keefe, for procuring liqnor whila onder a prohibition order, was lined 10s anil coßts. A first offender charged with supplying a prohibited pereon, H Keefe, was ordered to come up for sentence when called upon. J, O'Oonoor, charged with procur ing liquor while prohibited, was fined 10s and costsBREACH OF MOTOR BY LAW. Claude Bhuttleworth was charged that on December 16tb, 1915, he drove a car on the Main Akaroa County road between sunset and sun rise* Mr J. Williams appeared - for the Akaroa Count; Council Constable Boyle deposed that ao called "was"on tße road," as he had come to Akaroa to meet a returned trooper, and Btayed for a patriotic concert Mr Williams paid the Council knew tbe circumstances were peculiar, and that defendant had come to meet a returnd soldier Defendant was convicted and ordered to pay costs AFFILIATION ORDER Cattermole v. Phillips, application for an affiliation order Mr J Williams appeared for defendant and Mr F X Hunt appeared far plaintiff After evidence bad been taken, an order was made out whereby defen dant has to pay 7s 6d per week AKAROA BOROUGH COUNCIL V HENMNS, MORA, ETC
The Akaroa Borough Council took action against W H Henning, B G Mots, W Glynan, J Phillips, and O Walker for using hoses for watering purposes Mr J Williams appeared for most of tbfl defendants Tbe Town Clerk prosecuted in aocordance with tbe resolution of tbe Conncil Mr Williams held that tbe notice given was not clear, and did not • define the watering of gardens as pro hibitive Tbe magistrate held tbat tbe notice was not dear, and though it prevented watering with hose and pipe it should have ' mentioned that tbe watering of gardens would be prohibited. Tbe oases were all dismissed. CATTLE AT LARGE.
Cases were brought against J. Phillips, 8. Vogan, J. Gaskin, and M. Shepherd for having cattle at large. The case against J. Phillips was withdrawn, and the remainder were ordered to pay 10s 6d solicitor's fees each. Mr J. Williams appeared for the Akaroa County Council OBSENE LANGUAGE.
E. and A. Leecbke were each fined 40s and costs for obsene language used at tbe Somerset Hotel, Duyaucbelie. GRASS SEED CASE! The case, McGarry v W. D. Wil- f kins and Sons claim £111 10* 9d was reopened. This case was beard at tbe 8 M. Court on July 7tb, 1015, being a claim mode by W. McGarry £110 89 8d for 82121bs of cocksfoot seed at B£d per lb sold by plaintiff to W D vvilkins and Sons on March 2Sra, 1916. Judgment was given in Obristchurch on July 21st for full claim and costs. .Messrs W. D. Wilkins and Bon3 appealed and the Judge of the Supreme Court referred tbe case back to tbe magistrate for further consideration of the point raised tbat there bad been a breach of warranty in tbe Been* not being up to description, being 10±lb seed and not ll*lb to 121b seed . Mr F. K. Hant appeared for McGarry and Mr J. Williams for W. D. Wilkins and Bona. . Mr Hunt, in opening the case, said tbe onus lay with Wilkins and Bono to prove tbat there bad been aJbreneh of warranty. McGarry P aw Wilkins . at Dnvaucbelle and told bim he had . fbe Feed, and said it bad been weighed on Vangioni'B scales and went - ittL, Wilkins said that Vangiom's Bcalea weigbefl a.h»* b»vy, and tbat
tbe seed would be about lllbs. Now he was objecting to tbe seed not being up to weight when he himself ex pressed a doubt as to.its being up to sample Then there was tbe negli genoe in allowing the seed to lie for 125 days days before selling the seed. It should have been sampled earlier and the question raised then Mr Wilkins now held be bad not made tbe statement about Vangioni's pcales when b>> bought the seed on sample, but McGarry did not corroborate this He submitted that Mr Wilkins, in bis statement, was incorrect on several points Mr Williams : Where ? Mr Hunt said that the magistrate bad stated in bis judgment that Mr Wilkins was incorrect in his statu ments
Mr Williams objected to the bald atement about his client, and asked where Mr Hunt saw this
Mr Hunt said that tbe Magistrate considered Mr Wilkins was mistaken in thinking tbe conversation about Vangioni's soalca took place after the sale of seed
Mr Hunt, continuing, Eaid tbat tbis I conversation showed that Wilkin? was quite prepared to find the sped lllbs, and as he himself said ( you could not be particular to seed as to the ilb that would get tbe seed back to lOilbs If they proved their breach of war ranty on the ground that the seed was represented as 121b seed, then it would be necessary to prove what IOJIb seed was worth on Maroh 23rd. Tbe evidence given by Paterson on July 7 was to effect, that lOJlb seed would bring BJd a lb early ia March, and that tbe market eased off con siderably towards tbe end of the month. Sband said that the highest price was from March 10 to March Id He could not see that tbe defendants bad proved any breach of warranty or that they bad brought any evidence to show what tbe price should have been. The case had been threshed out by law, and he would like to bring corroborative evidence to show that Wilkins had been prepared to find tbe seed lllbs and less when he bought it. He asked leave to call Ramsay, who was present and heard the conversation
Mr Williams said that Mr Hunt had no Vight to bring any fresh cvi dence Tbe magistrate would not allow tbe evidence to be taken Mr Williams said that-tbe evidence as to breach of warranty was very strong, and Wilkins & Sons had bought seed represented to be 1141b seed, and it was only lOjlb seed. Tbe seed had been weighed by experts, who all agreed as to its weight. s Mr Hunt said that tbe seed could be made light or heavy by shift IDg v Mr Williams submitted tbe differ euce in weight from 11£ to 10J lb3 meaot a loss of from ljd to l|d per lb as there was so much more waste in cleaning. He asked for a reduction in the claim to compensate for the ■loss.'-: ■■"'■■ The Magistrate said tfiat tbe point as to breach of warranty in sale had been not considered by him in its full bearings, as be had token tbe question as to right to reject seed after a certain time bad elapsed after tbe sale. He would allow a rebate in the claim of Id in the lb, as it was evident the seed was not up to description of sample. The original claim was £111 10a 9d The rebate of Id a lb on 32121bs of seed amounts to £13 7s Sd reducing the original claim to £98 3s Id
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S.M. COURT, AKAROA., Akaroa Mail and Banks Peninsula Advertiser, Volume LXXV, Issue 3519, 4 February 1916