MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 285, 26 August 1908, Page 8

MAGISTRATE'S COURT.

TOLICE CASES. (Bcforo Dr. A. M'Arthur, S.M.) OBSCENE LANGUAGE. The frequency with which obscene language chargos have come before the Court of late has on several occasions prompted tho presiding Magistrate to make' strong remarks on the' growth of this offence. A salutary penalty was yesterday imposed upon a woll-drcsed young man named Frederick James Tolloy, a clerk, who pleaded guilty to a charge of having used obscene language in Tory Street. Accused informed the Court that ho was sorry, and that he had been suffering from asthma, for which he had taken some brandy. Ho did riot remember using tho language complained of. His Worship considered thero was loss excuse for accused than for otbors. From accused's profession or business it might bo assumed that he associated with gentlemen. "I don't believe your yarn about asthma. It was deliberate language altogether—you can go to gaol for fourteen days." CHARGE OF ATTEMPTED SUICIDE. A middle-aged man named Fred Anderson, pleaded not guilty to a charge of having, ou July 11, at Wellington, attempted to commit suicide. On tho application of SubInspector Phair, accused was remanded until this morning. MISCELLANEOUS. Bert Harry Howden Caulton pleaded guilty to a charge of having, on or about August 19, at Wellington, committed the theft of a copper boiler valued at 18s., tho property of John C. Trickett. Sub-Inspector Phair stated that between August 19 and August 22 the boiler in question was 6tolen from the washhouso at tho rear of_ an empty house. The matter was placed in tho hands of Detectives Kemp and Williams, who traced the boiler to a local coppersmith, and taxed accused with having stolen it. Accused admitted tho offenco. . Caulton, who is a married man, stated that lie had work to go to at Paekakariki, and asked for a chance. His Worship gave accused some good advice, and entered a conviction and discharge. ; Two first offenders for drunkenness were dealt with, both being convicted and discharged. CIVIL BUSINESS.. (Before Dr. A. M'Arthur. S.M.) UNDEFENDED CASES. Judgment was given for plaintiff by default of defendant in tho following civil cases: —Robert Cook v. J. Harry Johnson, claim £26, costs £2 145.; Phelps, Wilson, and Co. v. Stewart Ennis, £3 7s. 4d., costs 10s.; Sarah Scott Greeks v. Wm. H. Walkerj £3 55., costs 55.; J. Myers and Co. v. Arthur E. Millman, £18 4s. sd.,,costs £1 10s. 6d.; Moa Petroleum Co., Ltd., v. Angus M'lntosh MacLeod, £1: os. 9d., costs 55.; Margaret E. Manson v. Wm. Pollock, 35., costs 6s. In the judgment summons case Jas. Smith and Sons v, Wm. Pay, debtor, who failed to appear, was ordered to pay £1 17s. sd. on or before September 8, in default fortyeight hours' imprisonment. No order was made in tho caso of tho Wellington Tailors' Industrial Union of Workers v. Reuben Dobson, a debt of 15s. A TRANSACTION IN LAND. Thomas Vernon Venablcs, land and estate agent (Mr. Dunn), sued George Lambert,' agent (Mr. Webb), for the recovery of £109 14s. Tho statement of claim sot out that plaintiff, on May 3, 1907, executed to tho defendant a mortgage of freehold lands to secure repayment of tho principal sum of £500, together • with interest thereon, by 180 monthly instalments of £7 10s., reducible to £6 10s. if paid within fourteen days; (2) that of the said mortgage moneys tho defendant advanced the sum of £200 on tho execution of tho mortgage, and the balanco of thrco monthly instalments of £100 each; (3) that tho plaintiff borrowed tho said money on tho express stipulation agreed to by tho defendant that tho plaintiff should be at'liberty to repay tho principal for the timo being owing at any timo before tho expiration of tho period of fifteen years mentioned in tho mortgage; (4) that defendant represented that tho rato of interest charged on tho said loan was 10 per cent., whereas the rato of interest involved in tho said instalments (at tho lower rato aforesaid) was 13J per ccnt.; (5) that plaintiff paid niiio instalments of £6 10s. each, being tho instalment payablo up to-May 1, 1908; (G) that tho plaintiff, relying on tho representation as to power of repayment referred to in paragraph 3, agreed to sell the land contained in tho said mortgage on terms that tho purchaser should acquire a title frco from tho' said mortgage; (7) that tho defendant thereupon refused to accept repayment or to release tho said mortgage unless tho plaintiff paid by way of penalty I in addition to any previous payments in I reduction of principal tho sum of £100, and the plaintiff was compelled. to pay tho skid penalty under protest; wherefore the plaintiff prayed judgment for the sum of £iO9 llfli -amount .fiaiiix_£lauitils ii),.,ftxceaa l -of^

tlio sum legally payable _ by him. An alternative cause of action was set out, the plaintiff praying that' the Court might reopen the transaction under the powers contained in Section 3 of the Moneylenders .Act, 1901, and enter judgment for the plaintiff for ■ the amount claimed. It was also set out that tho sum of £158 10s. charged by tho defendant for interest and bonus was excessive; that defendant was guilty of alleged misrepresentation as to tho power of repayment and rate of interest charged; that tho transaction was harsh and unconscionable; that the plaintiff had no independent or any legal advice prior to tho execution of tho said mortgago; that the said mortgago was inequitable and contrary to tho practice of conveyancing in that it purported to bo for a poriod of 15 years, whereas the prior mortgage affecting tho said property was for a period of five years only.

For tho defenco it was alleged that plaintiff benefited by tho transaction, and far from being an injured man, had expressed his gratitude to defendant for tho servico ho had rendered in a time of need. Defendant made tho investment on condition that the mortgage ran for 15 years, and when plaintiff wanted to pay tho money back before the end of tho term defendant thought it only fair that he should pay tho moderate penalty imposed. At tho outset plaintiff had been given to understand that he (defendant) never allowed a repayment clause to be inserted in his mortgages other than repayment by instalments. 1 Plaintiff knew tho terms, and accepted them,' and could not luvo gathered from - anything defendant said that he had power to repay at any time. After hearing legal argument his Worship reserved lii's decision. A MIXED CLAIM. James Wm. Evans, painter, sued Chas. Green, electrician, and Ursula Green, for £10 3s. Gd., a claim for rent of premises at Miramar, and 33 pairs of fowls. Defendants countcrclaimcd" for £19 9s. Cd., for food for tho fowls and the care of them, and for the cost of a supply of fencing wire used in the erection of a fowl-run, also for a number of meals for plaintiff from time, to time. Mr. Dunn appeared for plaintiff, and Mr. Dix for defendants. After hearing the evidence his Worship gave judgment for plaintiff for £10 3s. 6d. on the claim, and for defendants for £12 14s. 6d. on tho counterclaim, each party to pay their own costs. RESERVED JUDGMENT. CLAIM FOR WAGES. Reserved judgment was given by Dr. A. M'Arthur, S.M., in tho case Richard Clark (Mr. Dunn) v. Robert Bryant," and Mrs. L. Bryant (Mr. Neavc), a claim for £27 55., balance of wages alleged to bo due for work done by plaintiff as a cook at a flaxmill. The question in dispute was whether plaintiff was engaged by.Bryant on behalf of Mrs. Bryant or by Bryant on behalf of a man named ,Lenham, who was in chargo of the mill.. After reviewing the evidence his Worship held- that thero were several things which indicated that plaintiff was. working for Lenham, who, it appeared, could not be found at present. In the absence of Lenham the Court was unable to say that the plaintiff had proved his claim. With tho evidence produced his Worship was inclined to believe that plaintiff knew he was engaged, and was working for ■ Lenham. Judgment would be for defendants with costs £2 2s.