THE COURTS.

Press, Volume LVI, Issue 16848, 31 May 1920, Page 4

THE COURTS.

MAGISTERIAL satttetdat. (Before Mr S. E. McCarthy, S.M.'i DP.UXKKNNESS. Michael Del-ircy was Sued £2, ir. default c' 6 month's imprisor.iner/:. Three, first offenders wero each iir.ee: 5?. with the usual 1 alterative. Two others were convicted and discharged. A BROKEN ORDER. A r th\-,r Kae, cbarseil with. . having cornnJtted "throe breaches of his prohibition 'j„ r —£oTci"ted. and ordered to come °i. fi- ec:iter.c-o when called upon. ' " TirbVT. Doro'.hv Re;e, aged nineteen, ar.d Mary a'.'cd twenty-two. pleaded guilty to tnc ti-eit' o' ' roce:"K-S valued at i.t l£s 6d, the P'oooriv of J. Ru<tray and Sou. Tney were ..irh tonvic+ed and ordered to come up tor =ertcnco v >"i:e:i called upon, and to return cjonTiv. The*.- were also ordered •no-: fort-icntlv to the Probation Ofto tho Rev. P. Rovell, Anglican,' Court Missior.cr. JUVENILE. a lin'- azed eleven years. was charged 'with 41 rVir'-'r "of t bievcie, valued at £S, the procc-rtv of WakelV Aw lid Clading. He lo renort to the probation Officer for sis month,, and. to tho Rev. P. Rcvcll, Anglican Court lussioner. LEE STON. (Before Messrs W. G. T.unr. and T. A. Stephens, J.1.b.) T-r...~y Smith and Thomas Cavell pleaded " to u«iug threatening behaviour in ft public place, and caches tined 5e and cost,. IN OTHER PLACES. MISSING PIPES. S HI PPi:CCr COMPANY SUED. «?'nortace of shipping and haste in discharg- - on the part of shipping agent* f"ordcJ that tho Ship might resume its at tho root of a claim hcaxd by Honour Mr Justice Edwards in. the « rn r« C-ouit at Wellington on Friday (says u"f :: PC,O The claim wa* for £152 1* -v !,v Charles Lyons, of Christdiurcb had-wa'-e merchant, "against tho United States and' Australia, Steamsmp company, fouf » i-re to deliver 112 bundles and 10 leng«s of ,:,!vamsedpiP<N and ono length of b.a«k iron pipe, of which the plaintiff was tho cou- ' T J- Alpcrs and Mr C. S. Thorn fit, of ChrisichurclT, appeared for' tho plamtii., and Mr A. W. Blair for the defendants. From the statement of claim, it appeared that a quantity of piping was chipped on Tanuarv 25th, 131!>, lrom Acw by the s s Wohthmd for New Zealand. Tliero were between 5000 and 6000 bundles of pipes, am ; about 1500 lengths of pipe bearing difterent, marks for different consignees m different parts of the Dominion. The ship only cailed at Wellington, and thsro all the cargo bad to bo landed. The ship was in great haste to depsiri, and instead o£ tho cargo bem" sorted it was diunped holus-bolus oil the wharf, and left for the Wellington Harbour Board's staff to sort out without specilic instructions. All tho pipes for each, port wore put into separate heaps, and after chasin" a bout for .months the plaintiff was unable to lind his full consignment. He therefore claimed "for the value of tho quantity still missing. Tho question was raised for the delenoe as to whether tho blame for the non-delivery should not lie with the Wellington Harbour Board. His Honour mad© a suggestion to that effect. The "Wharfinger (Captain A. \. HaleMunro) in cross-examination, admitted that in eases of extreme haste, wiere ehip-s wanted to get away, pipes might be dumped on the wharf. Such af procedure was rare. Tho staff of tie Harbour Board wero liable to error like any other human institution, but cases wero exceedingly uncommon, Mr Alpers, for plaintiff, quoted authorities in support of a contention that tho Harbour Board was not the agent, of the consignee. Referring to the alternative count, he said that the goods wero not' put in deliverable state. For instance, Lyons's goods had, not been placed in one heap. Mr A. W. Blair, for the defence, said that defendants admitted a general shortage of 78 bundles of pipes," though they could not say how many of thoso bundles were for delivery to tho plaintiff. It was contended that delivery under tho bill of lading was complete upon delivery to the "Wellington Harbour Board, and that upon tlie plaintiff lay tho onus of proving that the defendants did not deliver his pipes to the board. Decision was reserved.