THE COURTS.

Press, Volume LIV, Issue 16113, 18 January 1918, Page 3

THE COURTS.

MAGISTERIAL. (Before Mr T. A. B. BailcT, S.M.) DRUNKENNESS. A first offender was fined ss, in default 24 hours' imprisonment. ALLEGED THEFT. James Hamilton Murphy, alias Percy Holmes, a young man, appeared charged that on October 13tn, Itflo, at Hamilton, he stoie the sum of £'200, the property of tho Bank of New Zealand, "he case_was remandod uutil January 22nd, at Hamilton. CIVIL BUSINESS. Judgment for plaintiif by default, with costs, was given in each of the following cases: —R. Hannah and Co. v. C. F. Kilgour. £1 17i (id: Farmers' Co-operativo Association v. David McGarrow, £13 18 S (Jd: J. S. Hawkes, Ltd. v. R. S. Newton. £C> I(s* lfld: A. Rattray v. Alex. Charles Mills, £3 los; "NY. YY. Tanner v. George i*. Straw, £2 2s: Booth, Macdonahl and Co. v. "William Thomson, £12 7s (>d ; same v. William Telford, £17 ">s: same v. William Simmons. £31 12s Od: same v. Jeremiah Kawha, £4 12s lid; same v. David Turner, £1!1 17s Od; same v. Phillip R. Clark. £1 li3s (id: same v. T. McAvoy, £2 12s (3d: C. M. Anderson v. H. Joups, £i Is: A. E. J/onq v. Diiniel P. Maraghan. £33 Bs. NON-SUITED. Edward Patrick Green (Mr F. D. Sargent), claimed £48 damages from Reese Bros., shipping agents, Christchurch (Mr Ward)* Mr Sargent said tlint the action was a claim for damages for dismissal without sufficient notice. The plaintiff had held the position of wharf foreman for tho defendant's firm at Greymouth. Some time ago plaintiff was appointed to a similar position at Lyttelton for tho firm. It was one of the conditions of this arrangement that there should bo a trial of two months, during which time plaintiff was to leave his wife and family in Greymouth. If after this two months, everything was satisfactory, it was to become a permanent engagement. Some time later plaintiff was assured that his services were satisfactory, and he then brought his wife and family over. Shortly afterwards the engagement was terminated by one week's notice. Plaintiff was claiming twelve weeks' salary as damages in lion of notice. The defendants gave as defence of their action the loss of tho Opouri, a vessel in which they wero interested. Cross-examined by Mr Ward, tho plaintiff admitted that it was as inuch for the sake of his family that he came to Christchurch. Mr Reese had not consented to witness bringing his family over. The defendant's evidence showed that a week's notice was usual for foremen. Plaintiff was non-suited. THE LIEN ACT. Josiah Carpenter (Mr Murphy) claimed from the Public Trustee (Mr YVard) tho sum of £20 9s for work done on certain properties in Randolph street, YY T oolston, managed by tho Public Trustee. The Public Trustee was practically the nominal defendant, three others, William Thomas Bunt, AlTred K. England, and Charles S. MeCully being also added as defendants. Bunt, it was explained, received the original contract from tho Trustee, and sub-let it to Carpenter. Later Bunt assigned his estate, the other two defendants being tho assignees. Tho evidence showed that after tho work done by Carpenter—drainage work —had been completed about the middle of August last, complaints wero received from tho YYToolston Borough Council that water was running out over the footpath. Investigations revealed a leakage in a well on the premises, and this Carpenter nut right, completing the work about the iniadle of October. Mr Murphy contended that the contract was thus finished in October. •Mr Y\ 7 ard adopted the view that it was completed in August. About the end of October, Carpontor took out a lien over the property for his money, and Mr Ward oontended that he was out of time, under the Statute, in doing so, this being the only point in dispute. The Workers Compensation and Lien Act required that a lien must be put in within thirty days of the completion of a contract. His Worship reserved his decision. (Before Messrs O. H. Gilby and S. Bullock, J.P.'s.) ALLEGED BREAKING AND ENTERINB. Robert Dickson Warden, alias Robert Laurenco, was charged that on September 28th, 1917, at Christchurch, ho stole a quantity of jewellery and 3s 2d in motley, of a tctal value of £25 Is fid, tKe property of Emily Harriet Archenholcl; that on August 23rd, 1917, at Christchurch, he stole from tho dwellinghouse of Elizabeth Rodger ono gold watch, valued at £8, the property of Elizabeth Rodger; that on November Ist, 1917, at Papanui, he broko and entered the dwelling of Elizabeth Ann Wood, and stole a watch and. chain, valued at £12, tho property of Elizabeth Ann Wood; that on November 11th, 1917, at Papanui, he entered the same dwellinghouse and stole therefrom a wristlet watch, tho property of Lottie. Gcorjrina Clark; that on October 19th, 1917. at St. Albans, ho broke into the dwelling of Norman Ellis Asquith, and stole, therefrom 2s 6d in money': that on September 20th, 1917, at Sprevdon, he broke into the dwellinghotiso of John Brown Thornton, and stole jewellery to the value of £11; that on the same date, at Sprevdon, he stole from the same house jewellery to tho value of £8. the property of Eliza Thornton. . Mrs Archonhold, Philip Metz, licensed pawnbroker, and Detective J. O'Connor, gave evidence on the first charge. Accused said, at its conclusion, "I have nothing to say. I plead guilty." Concerning the fifth charge, accused pleaded not guilty, and said. "T reserve my defence to the High Court." He made a similar plea and statement regarding tho third and fourth charges. To all the other charges he pleaded guilty, and was committed to the Supreme Court for sentence on each. On the charges to which be pleaded not guilty he was committed to the Supreme Court for trial.