SECOND EDITION. S.M COURT.

Bush Advocate, Volume XVIII, Issue 491, 17 August 1906, Page 5

SECOND EDITION. S.M COURT.

This Day. (Before Mr W.P. Jarne-, S.M.) Before proceeding with the ordinary civil business at the S.M. Court this morning, Mr James, S.M., said that he was very pleased to meet the members of the bar in a building where they could discharge their legal duties, in comfort. He was very sorry he was not able to be present at the formal opening ceremony, as he did not get his invitation quite in time. However, he was glad to see that the Government were endeavouring to meet the public requirements and keep pace with the rapid growth of the town and district. The people of Dannevirke were making a tine town here, building substantial buildings, and it was quite clear that the Government intended to support them in this endeavour, judging by the handsome structure they had erected for the discharge of judicial business. In this connection there was one matter to which be would like to refer, viz., the following remarks made by Mr Patterson at a deputation to the Minister for Justice while in Dannevirke: — "Mr J. J. Patterson asked that a new magisterial district be constituted and a Magistrate appointed to re*ide at Dannevirke. Mr Patterson, in support of his request, referred to the great increase in court business during the past few years, and stated that under existing conditions the Magistrate was always pressed for timp, cases had to be adjourned, and consequently the public were put to extra expense and did not receive the consideration they were entitled to." Possibly Mr Patterson's remarks had been made on the spur of the moment, and he did not suppose that he intended to .cast any reflection upon him (Mr James) but he scarcely thought it was a fair way to put it, for while he was always anxious to get home at the end of a court day he was never prepared to sacrifice the public business for that purpose. He was always ready to sit on if necessary, and he askpd counsel not to cut their cases short out of consideration for him, as he. did not mind st»yint> in Dannevirke and sitting on Saturday morning if the business uecessitated his cluing so. He was glad to say that since he had been taking the business here there had not been many occasions on- which- this was required of him, but if ever the circumstances arose he asked counsel not to hesitato to ask him to remain if they wished their cases finished. Of course if there was a magistrate resident in Dannevirke he could take cases from day to day and so relieve the pressure of business considerably, but he wished it to be clearly understood that he was always ready to sit until the business was finished. Mr Patterson, in reply, said he was not responsible for the way in which the paper reported his remarks, and so Jong . as his Worship, for whom he had the greatest respect, was satisfied that no slur on him was intended he would not pursue the matter further. Of course his Worship would understand that they were anxious to present their ease in its strongest light to the Minister, but he could assure him that nothing detrimental to his Worship was intended. UNDEFKtfDED CASES. Judgment was given for plaintiff, witu costs, in the following undefended . civil cases :— Calder, Drummond and Co. (Mr Blakibton) v Andrew Pattison, claim £5 los lOd, costs 23s 6d ; Lloyd and Co. (Mr Lloyd) v T. A. Williams, claim £1 5s lOd, costs 9s ;* W. E. Coombs (Mr Patterson) v Ihaka Rautahi, claim £* Bs, costs 275; same v Tai Hoera, claim £1 9s 6d, costs 9s 6d ; Freeman Potts (Mr Downes) v Andrew Jensen, claim £1 11s 6d, costs 13s ; James Blair and Co. (Mr Blakiston) v Alfred Parker, claim £2 lls, costs 15s ; Mackay and Potfcs (Mr Downes) v Mrs J. Eossiter, claim £2 7s 3d, costs lls; French and Co. (Mr Downes) v Thomas Gilmour, claim £5 2s Bd, costs 23s 6d. NEWETT V. KNIGHT. In this case I have examined the cases referred to by counsel, but I can*, not hold that there was an implied contract by conduct of the defendant to pay commission. It is not unreasonable to suppose that Mr Knight was speaking the {ruth, when he stated thae "Ivewett never led we *-«-- ' a o^wr. • , ~v.»ic-ve he was J aotm§ on my behalf. I thought he was } acting for Mr O'Donnell. If I had i thougnt otherwise I would have added the commission to the price; I never contemplated paying commission." It is not a hard and fast rule that the vendor pays commission. Mr Green, one of the plaintiff's witnesses, stated he had received commission from a purchaser when the seller had fixed a net price, and also added " I always arrange rate of commission or say you'll pay the ordinary rate of commission," Mr Monteith, another of plaintiff's witnesses, also re-: marked in his evidence " I should let a person know if I intended to charge a commission. There should be an arrangement." I quite agtee with these witnesses that if the plaintiff intended to claim commission from the defendant he should have told him so. There was nothing unreasonable under the circumstances of this case ia Mr Knight assuming that plaintiff was acting solely as the agent of Mr O'Donnell, and in my opinion his conduct throughout showed j that he acted more as the agent of Mr I O'Donnell than in any other capacity. Judgment for defendant, with costs. POLICE CASES. Luther Murray was charged with assaulting Ernest and Arthur Eagle and: doing damage to a. bicycle on 25th May last. ..._.'." Sergt \ Cruick-snank prosecuted,;.. and. Messrs Patterson and Lloyd for the defendent. ; From the evidence o£.theJ;wP'X^ a g;l4V it appeared that thex^^W^ewrnfiagk home from Matamau on their bicycles and when near Otanga cutting they met I Murray driving a mob of cattle. Murray rode up to them and used violent and abusive language ordering them to get out of the way, and he then

threatened to ride tbera down. After argument and further abuse from Murray, lift (Murray) : put his horse at Ernest Eagle and the horse grazed him and trod on his bicycle.damaging it to the extent of 255. The defence was thai Murray was taking a large mob of cattle to Pin Piri and tbat when they came to a difficult part of the road near Otang^at dusk the Eagles were ia the road, aid' Murray rode up to them and asked t-hejo to get out of the way. An altercation ensued, and Ernest Eagle seized the bridle of Murray's horse, and while it was prancing about the animal trod on the bicycle and it was damaged. If . any. improper language was used his .Worship was asked to overlook it, because it was a very serious matter fo Murray if the cattle turned at this point. . Leonard C. Rathbone deposed that he passed the cattle on the road, aud he thought if anyone coming after him had used ordinary pare the cattle should; not have been turned. t . Lutber Murray despnbed his version of the affair. He said that as: the result of the Eagles coming in front of the I cattle the cattle turned and some of- 1 them were injured in the crush that' took place. - Evidence was also given by T, Murray and Langley Hingston. (Left sitting.)