MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 642, 20 October 1909, Page 5

MAGISTRATE'S COURT.

(Before Dr. A. H'Arthur, S.M.) .'■■; • "A PEST TO. SOCIETY." Thomas Teece, alias O'Connor, was charged with obtaining a pair of boots, valued at 14s. ■ '64.from Mann by false pretences. ' He pleadod not!guilty. , • ■ 'The . owner /of.' the boots • stated that about ' .September 27 accused and a woman called and 'purchased a pair of boots, and left an old pair, accused saying that he would call for them., ■ Arthur Mann, assistant to Albert: Mann; deposed that on October 5 accused returned and- , claimed another/.and a better pair, : which ho took away. . After further hearing his Worship imposed' a' sentenra of seven days' imprisonment for this .'offence.-.• • A second'charge, that - of being an idle'. and disorderly .person, and with consorting with re-' puted ■ thieves, was preferred. : Acting-Detective Cameron stated that he had. frequently seen' accused -j with. reputed thieves, ;of-whom he read an imposing : list. The magistrate" stated that accused was lapest'to sooiety;. and sentenced him to three months' imprisonment, with hard-labour. ' , . i- INSOBRIETY. v. One inebriate, a first offender, answered to his!name. I 'Ho was convicted and discharged. •' ' CIVIL BUSINESS.. Judgment by default was given in the following civil cases :WC6rtiraissioner' of Taxes v.Ar- • thur >Pavid Blicfc, 'ss.,"costs lis.'; same v. John'Guthrie, ; S11; costs'l7s.* and-'SI 7s. 6d., costs 7si Wellington ''Publishing Co. v. Harry Scoone's, -S3 : :17s; coste.-; 125.; ' Alexander ■ M'Meekan.. and Ifcnry : George Clarke,'assignee, .v., vßob'ert :Niphdls,' 'S3 Is.-.' : 9d.; costs lSs.it-'Magnus-Sanderson'and "Co., Ltd;, v. Dudley Byrne,; S8 l6s. 9d., costs Sl'Ss; Bd.j Frederifck i Cutlet Crease v.- Thomas' Henry : Robinson, pos3osiion bn November-2, -'and w63 155.; costs 123.; Maty Quinn v. Alfred. Webb,' Si la.'7d.', costs 10s.'i Joseph '.Onnrod' v. Richard Staddon, .•at-.95. :3d.V"cpsts7s«.;• ,G.'-H. Thornton- v. James Stewart,'"S3 Os". Bd.,co?tsl2j.; H. Oscar Hewitt and Co., Ltd;,- v. Southland Woolleli Maniifac-! Turing Co.; \£ll6s.'7d.,"costs 6s.'j same v.' John Fkhey./and .'Mrs.; Esther' Fakw; S3, 'costs 135.; '■Wlliam'Henty/SucWing' v.": Niels. P. "Nielson, SI 6s/ ; Bd.',:cOsts lis. j H; Oscar Hewitt and.Co., ltd.;' v." Ti»irilona Pntua and .Mrs. Hapimana pntua,' Sll v 3os.; i.costs"' 'S2 l?s. ; "New' Zealand < ■Times" Co.; .Ltd., ' v?'Geio'rge l 'frasli:,- S8 3sV 2d:, costs SISS. 6d.; T. and' W. -Young v. W. Baum•ber, S3 is; (id., costs 105..; James Smith,'Xtd., v. Thomas Ponton,'Sl 10s.-6d„- costs 55.; Wm. Macßeth- v. 'Victor Maurice Brannd,.':S9 175., costs Si 3s. Gdr .. : . - JUDGMENT SUMMONSES. , In the judgment summons case, Kirkcaldio and Stains; Ltd.,' v. George' Coopor, defendant

• was ordered to pay.'a debt of .v 619 Is. Bd., ori or before November i, in,default fourteen days' r. imprisonment. ■". .'.-'■■"■■'' ... ; Victor M. Braund was ordered to pay the Wellington Publishing Co., Ltd.," a debt of J63 15s. on or before November 2, in default three days', imprisonment. ... No orders.wero made in.tho follo'wing'cases: —Elizabeth Littlejohn v. John Bailey, a debt of ill ,11s. 6d.; C. and A. Odlin Timber and ; Hardware Co;, Ltd.,, v. William John Holmes, a debt of US 35.'9 d.; Oscar George French v. -, • Donald Graham, a debt of JE2S 19s. 6d. , j '•;.". MTJCH ADO ABODT NOTHING." ■ /Dr. M'Arthnr, S.M., gave judgment in a case s between Elizabeth Eidgeway (Mr. Fair) and • Thomas, M'Carthy (Mr. Hislop), a claim for • JE3i: IBs.'_lod. and-a couuter-claim for X 67 19s. i 10d., which arose out of an exchange of proi perines between tho parties. ; The claim hinged over a variety of fittings; which were to have ■ been left on one or the other property. Tho i evidence as to the nature .and number of these fittings, and as to their removal, was meagre, >. and there was little, if any, evidence of their ' having been permanently affixed to tho free- ' bold- ... Dealing with,the counter-claim his Worship 1 said:'"There is no evidence to ■• show why | the pig died so suddenly or the cow. shied |so wickedly-on the change of ownership'. The : case appears to me an apt illustration of' much '. ado about.'nothing.'" 1 i ■ Judgment', was given, for plaintiff for M ',' on. the claim "with costs -i! 3 lis.,: and costs'on . the. counter-claim £2 2s. INCOME TAX. The Commissioner of Taxes (Mr. Myers) proceeded against James Gower Chambers, as agentfor non-resident traders, to recover .£2O 12s. 6d. income tax on £$15, atjls:inthei; £18 155., with 10 per cent., ..£l''. 17s. 6d. :'. ■;' Defendant stated that'he/was a-.manufac- ■ turer's agent' and represented' a number of 1 British companies, lie held, feat'he was not, morally;or legally/liable for the amount as h-3 received his salary from these firms, and' he termed' tho claim a frivolous one.' He had . not sold the goods on which the tax was levied.. - . > , The magistrate said that defendant was liable for the-tax' and entered-'up judgment for plaintiff with costs £i 4s. i; '•' "!{ 'CLAIM'for : avages... John jFrancis Colenso (Mr. Kirkcaldie) prp- , ceeded against Charles Thorp-(Mr. Jackson) to recover'VJE4o for wages alleged to.be due. ; . ' .'■ Plaintiff stated : that after negotiations. between'the parties, a fish saloon Was purchased by-defendant, who engaged plaintiff as cook. ' Witness'took no share in the purchaseand ; there was no'partnership. He was to receive £10 per,'month, but he received no payment, the excuse'being,that,business was too slack. , The wages,, however, were .always promised ■ him.' ;-. :"''■'■■'. "'-...' .--.'.« :; '■■•. ..■ : :■., To Mr. Jackson: There was'no' suggestionthat the..two were to buy a saloon. 'The name on the .window, was C. and J.; Thorp. ' Mr. Jiickson'. Did not,defendant suggest that as you were not well known it would be betten to trade as brothers?''.v:'. ;':' : '"' ■■'<- Witness: No. For the defence it'was contended that there was'a'partnership'and that, as the result of a; quarrel, plaintiff demanded wages. '.-.'■ '■ ■ Further, hearing was adjourned, until today.- z : : ' ■ :.'-.' .-••• '■■■" ;' ■•''.. .: .-