MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 161, 1 April 1908, Page 4

MAGISTRATE'S COURT.

POLICE CASES. '/: (Before Mr. TV. G. Biddell, S.M.) V A SEVERE-ASSAULT. /''',/; Gilbert Furniss pleaded guilty to unlaw-: fully . assaulting Alfred Mason. Mason ap-, ■peared in Court with his face severely knocked about; Sub-Inspector O'Donovan statell that ithe assault took place near the Albion Hotel about .10.30 on Monday night, during tho progress of the fire. ■■ The police did not know .tho exact origin of the trouble, but they had evidence to show that defendant, was scon bolstering; Mason up. with one: hand -while -ho hit 'him., a.- terrific blow ill. the ■ face .-' with 1 the. other; , Later,defendant again struck Mason, and knocked him insensible. The lattor was removed to. tho Albion Hotel, where ho received medical attention'. ' y"r ' ■■ Defendant: "He came up to mo and wanted to light mo.". -/ r. His Worship remarked that the' assault appeared; to' have been :of a' severe character: Defendant Would be convicted and fined £5, and costs 45. : ,-in default 14. days' iiiiprisonmont.. Twenty-four- hours were- allowed; in which to : pay the' fine. ■ .//; : ' - v ' ; A BREACH OK THE PEACE. ' James Wilson was convicted and fined 40s.j with the alternative of-seven days-imprison-ment, for behaving in such ai 'manner ill Tarahaki' Street as to- occasion a breach: of v .the ■ peace.' Defendant was with, another man'.'about"lo.43 p.m. on' Monday;.' The other'man got away before'.tlio. police; could' get' hold of liim. ' - ' LANGUAGE AND OBSTRUCTION. Burnett Brooks, a young man '.with', [ : a: severely; battered/face, .was' charged;;(l) with using'- obscene language, and (2) with : obstructing Constable Clark: in the execution' of his duty. ;A'plea of guilty was entered in each case. . .Oh' the lirst charge accused, was convicted and 1 fined £&, and costs' Bs., in- default 14;, days' itnprisoiithetit.' On the second charge, His that defendant was liahl,i.-'td!;aV l^f^:i -Sf.'impris.6ninOTji , i but, taking 'Into /consideration "' the. youth-; .of..defen- ■ 'dant,:-and „thb fact that, lie-had- been: pen-' alis(!d-for' ; and. line of;-£3, in default" 14 days' ittiprisoli : merit, would be entered, tho defaults 'to, be conciirrouti :..

V ' MISCELLANEOUS. ' - p Gebrgo 'Av* Ninncss Was ' ordered'! to find security-in £50,, and two securities of £25 each, for compliance With an order for tho;, maintenance ''tit his-illegitimate' child.: Tlio' default'.was fixed at two months' imprisonment. ■' !■ V ' : h " "' A young man named ; Christian Charles John * Bay entered n plea of guilty ■tea, charge, of indecency in Lambton Quay, and' was convicted and fined £5, in default 14 days'.imprisonment. .. ■ Lizzie .'Griggs pleaded guilty to a', charge of ; disorderly conduct whilst, drunk. ' Slib-' Inspector Donovan stated.-that defendant ;was. found; in, ,tho\ uiids't of a-.large; crowd t- of,-. Chinese arid, others at the corner of Hainiiig Street, ''whero, she -.was •using bad language. Defendant was convicted and sentenced to seven days' imprisonment with hard .labour. Three first,offenders for drunkenness wero brought. 1 forward,: one being convicted and fined Vis., in default. 24 Hours'; imprisonment, one being.convicted and discharged, and the third remanded until. April.-6, for curatjvo ;treatmeut v :;• '■ : : ' v .. >\.'

CIYJL BUSINESS.

(Before Dr. A. M!Arthur, S.M.) ~v UNDEFENDED CASES. ' Judgment was entered; for plaintiffs by. default in the.: following civil, cases:—henry: Pritchard v. Jolm'Meech, £1 55.:5 d.- costs 75.; James Smith and Sons v. William Parks, £i: 3s. ; 6d., costs 7s. ; ''N.Z. .Times " Co., Ltd.y.'.wJ, M- ;Horton, '£4 6s/6dl, costs ;10s: | ' George- Richard. Rogers V. Mrs. Will um Wilson, £2 25., costs 55.; Wellington City Council v. William H. Haddori, £3 19s. lOd.y 1 costs'; 55.; same .v. WilliamTye,,£4 125.,5 d.,. costs 55.; same vi Malachi, R. ,Taylor, £11 16s. 3d. y costs 155.; Gordon andGotcli Proprietary,- Ltd., v. Harry- A. Cooper, £5 7s. Gd., costs £i :3s/ ,6d;; Hardt' and' Co., Ltd., v. .Valentine: fioughton, £8 12s. 9d., costs; £1- 35..' Gd. ,samc w .Walter Robert Ardern; : £69 75./10 di, costs £4 4s. Cd. ; E. H.- Crease and Son, Ltd., v.• -Mary Ann, Barrio,'£.l, costs s's. ; Jiarcourt. alid Co. y. : Mrs/- Lavinia Beard, £5, costs £1 os>. 6d. : : ' JUDGMENT '.SUJIMONSES. : In tho judgment, summons caso,'Murdoch and Wallis v. Garrod Orsborne,. a . debt of £16 14s.', debtor was ordered : to pay, on or before April 14, in default 14 days' linprisqn\nont. .In the case; ,Jolni..Lamb ,v. Garrod Orsborne,' a debt,.-of .£7 ;85.,. debtor -was ordored to pay on or before April.-14,-iii .'default seven days' imprisonment.: ,■■. In W.'M'Gill and Sons v. .Victor : Abraham, . a debt" of. £3'os., debtor wis ordered to .pay oiv or bfeforo April 14, three days', ■ imprisonment. The samo ■■ defendant- -was. ordered to pay £8 ISs. 2d., to, the '' N.Z. Times" 1 Co., Ltd.;-on or befbro April: 14, in default seven days' imprisonment;"Gemote A. lirown was ordered to pay £16' 95.-' Gd. to.the Scot-t.Motor and.Cycle Co., Ltd.; on 'or before 'April 14, in default 14 days' imprisonment. . Frederick Lund'was ordered tor pay',£23 15s. to Mrs. I-Ifmnali Davies, formerly Howardj on or before: April : 14, in';do-' jault 21 Clays' imprisonment.-:: No order was .'made, in the case Francisco Lecco v. William Aubrey, a debt of. £3 ,12s. 3d. .

DEITXDED CV&ES Elias John Forbes (Mr. Fell) sued George H.'Cullen; of Jiastertoiij for.;£o, amount.duo on the purchase, of certain books bought on the time'payment system: .argued that, as the books had. beoir destroyed ,by fire, ho was not liable for' the I ,purchase money. . Judgment was ; given ; for- plaintiff •for: tho amount-claimed,/and' costs £1,165. Sedgwick Bros, sued ; Leonard ; Birch., for £3 Gs. 2d. for: groceries '.alleged to have been supplied. Part of tho claim- was disputed Jby defendant. ; Judgment was given for plaintiff for tho amount claimed;.,and/.costs .£!• ISs. Mr; ■O-'teary l appeared lor tho plaintiff. : Stanley Carpenter,. stableman, sijcd; Frederick Jjiimberg, contractor, • for £4 7fe." (jtl;, being amount of wages' alleged to be duo, and ono week's 1 wages in lieu of notice. Judgment was given for -plaintiff fol- £1 lis. Gd., and costs 9s. Mr. P. \Y. Jackson appeared l'oiv/plaintilf, and Mr. • Kirkcaldio for defendant.

CLAIM FOR -BOARD AND. LODGING.- j

RESPONSIBILITIES OF A MINOR. I . Judgnient was given by Mr. Riddell, S.M., ) 111 tho case, Archibald liico v. William Vio- ' tor Weaver,, the point at issue being whether ( a minor was liable for a debt incurred for ( board and lodging;- Plaintiff sued- defendant \ for £1. 10s. lor board arid lodging, from. )' October .3, 1907, to October 17, 1907. Do- | board' l arid lodging, but' " set up ■•in.. I fondant ■ '.'admitted. the ?-.receipt-. of. ~-the. -. A' defence -the., special;'/plea/ • { It • appeared, ..said .'His . 'Wbi'ship, ; that '• de- /.1 fendant had been lodging with'; plaintiff for ' \ some considerable iimp/before/October 3, and <••*> / had: paid him'' at , ,'tho. : rnto of 15s;; per- week- '■'/ j to that date. It had'been contended ■ that . ..- j the board and ■ lodging received by defen- | dant did not constitute a necessary, as ho i could have boarded at: home','aiid further, v 1 his mother had' advised' plaintiff that sho (: did not want hcr 'son. to; stay'- at' his;liouse. 1 (1 At Common Law ,aii infant'.was always liable • I, for necessnriesj and the'lnfants! .Guardianplu'p ! and Contracts Act, 18S7, made no alteration ■ ftin this general r rule/ but ..declared ''certain' ' J other ;contracts ;'entered ..into?with ' infants V'>'•!-' absolutely, ' void..' Leake on Contract said, ,)| " A.ll infant may. contract: a debt for - - !/ saries, although he - has 'a.- sufficient incoino i: i> '■''' ■to pay with ready; mohcy." ■i' considered . that this statement of tne law applied to the present case. Defendant-need- •• not have incurred the debt for which lie was ■ I'' sued. He/could liavo : boarded at < lioiflo' if ■ ' hp had chosen,to do.so; However;, lie 'decided'v ■■■" to stay with /plaintiff.- against wish,, imd 'the Court .doubted -if the fact' •• that, plaintiff ' failed' -to ' turn 'defendant ' out ...; r ; after lie ;becamefL'aware v'that/ defendant's 1 .'.;*5~' mother, did hot- want her sbn'-to" stnv nrith'.vi'.s; : : him was''sufficient*-:t6••debar.'.plaintiff -frbm'iM n; succeeding. /' / His/Worship:, lield that tlie'o '' • • board and lodging, were necessaripfe; .and- must','.'.v v : , v..''• be paid for' by '..defendant/ ■ The .Court: also • cbnsjdered that, defendant .eame/wit-hiiv Sub-/'/i://i, section. 2>. of Section 49 of/ the -Magistrates' :";/i i'' 1 Court Act, ;1893, which.stated that-any minor "-r. above, the age of 18' years' might, 'sue or Wf;-8 /■/ sued without a next.frichd.or upon'v,-/ rtn.t cause /of. action ' arising either . frrtm ' \ breach of contract- or tort.iii. respect of -Which ; j he might sue or- be .sited by a.-next;'friend■>•* or guardian. 'The proceedings were in order,-..n. ■ and, judgment would I) 3' given for plaintiff >'v:. for. '£1 '10s., and costs :6st- ''MnvToogoodi apneared for plaintiff, 1 hnd t Mr/;Le'fvey for * defendant. - , ...