MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 672, 24 November 1909, Page 3

MAGISTRATE'S COURT.

Mr. W. G. Eiddell,-S.M.) , '...'.•-. , :• •:■•': :,shop-lifting;J; ■ \:.'\ A' : respectaMy-dressed girl, aged about ,'2O, appearedoin answer; to of stealing 18 handkerchiefs", a.'bundle of tape, two ties, and two pieces'of, embroidery, of ii; total valuo of l(te., the property: of Warnock-arid Adkiii. ; . i 'Chief-Detective explained -that/ on Monday afternoon,: the" girl entered' tho shop, and while ! the. assistant was attending to v hor order, she put the'articles referred to in a bag:r The'assistant observed her-action, and reported the matter to 'the firm/ who 'banded her over to'the .'police. ■ She -was ; of, a very' respectable >: family, and had'■ never offended previously. He might also, mention that she had spent the night: in gaol.'-. - The'''magistrate ,; cautioned the girl, and ordered her.to come up for sentence if; called upon. ''.'/'■'- '•'. • ■ '-.. i •'■"■ ■■' '■'.".■'.''■;',,'. A' SHIPMATE'S BOOTS.. . , : Herbert' Harmer! admitted' that. when he left the,- steamer Niwaru on Monday afternoon, he took with him a pair of boots belonging-to the. cook. He was fined 405., or in the alternative ,'H ; days')imprisonment, and ordered to return'theboofe—'.'v • „ - '■■' ■ ' .- ■'• . .:;■.: ■:■■;) :;/'OTHER CASES.: : : ■...'.'..."" For .insobriety, one first offender was fined 10s.; i James' Register, and Daniel Keane, 10s. each, and -Alexander Smith, £1, fin default seven days', imprisonment. A man named Alfred Potto was fined ss. for insobriety,: and £5, in default H days' imprisonment.for committing an indecent act.'.'. Winifred . Bradley, an idle and disorderly person, was Ordered ; to, come up for sentence if called upon,.a proviso.being that 6ho went to ' tho,Salvation Army Homo .for; six months.. ■'-;' ."''.'-.-/."CIVIL- BUSINESS'. / V: 7 .'.■'-./';.■ '(BefOTpPr;.l.,M'Arthur,S;M.) ;/-.■; '■' Judgment .',)jy dofiult was given in the. fol-■ Wing civir'cascs:-Young and.Tripe, v.'.WV E.''Timmings l --.£l''3s;, ; 75.; John, Caleb , Trickett vi. Jos.sMbllovi ■ 45., vcosts-'-JBl 3s. 1 (id j A'. Ellen, Winders, £7 8s:. \IA;, costs .£1 65.: Bd. ; Robin- ' son and Perrin v. John D. Moore,-JK, costs lH.j Bates and Lees,v. Wm, J. Read, M 65. ( costs 10s, j Brodie, anAX'Milkn Broß,

£5 10s. 3d., .costs £1 3s. Gd.; same-v. A. Davies I and Sons (costs■.only) 17s.;'.Sonth'.Pacific Mortgage nnd Deposit Co., Ltd. v. Michael Walters' Dolaney, -£li) 2s. Cd., costs ,C 1 Bs. Gd.; C. A. Jolly v. W. S. llorrocks and John Duffy, £5 125., costs £1 Cs. Gd.; A. Murdoch and Co. v. Wm. Woolvcn, Jfc3 19«., costs XI; Macky, Logan, Caldwell and Co. v. same, JSII 10s. 3d., cost' £2 os. Gd.; Wellington City Corporation v. Geo. Billiugsby Richardson, .£lO 4s. 3d., costs £\; same v. same, .£Ol 15s. Id., .costs. £1 155.; 11. Oscor Hcwctt and Co., Ltd. v. Mary Holswick, £3, costs 10s. JUDGMENT SUMMONSES. ■ In tho ,'judgmont summons enso Alexander Oswald v. David M'Coll, a debt of, .Ell lis., defendant was ordered to pay forthwith, in default seven days' imprisonment, tho order to , be suspended so long as 2s. Gd. a week was paid. No orders were made'in' each of tho following cases:—Margaret Peters v. Henry Darby, a debt of ,£lO Gs.; Thompson Bros., Ltd. v. Fredk. Jas. Harding, a debt of JGI 3s. Gd.; Wm. Moston v. Jas. Williams, a debt of .£3 !K Vd.i samo y. 11. Boniface, a debt of JCB Gs. fld.j same v. Thomas Rac, a debt of £2 Is. , A CITT COUNCIL DRAIN. Dr. M'Arthur ga\o judgment in the case brought by W. H. Ballinger (Mr. Blair) against tho City Council (Mr; O'Shea) claimnig J2OO for trespass and damages owing to tho construction of a drain bv the council through his property at Kclburne. The claim had subsequently been reduced to JJIOO. The council, said his Worship, had power to construct drains upon or under anv privato lands within its district, subject lo certain conditions being complied with. In this case theso conditions were not complied with, and ho did.not consider it a sufficient answer to say that plaintiff knew that the drain was going tp be constructed. He considered, therefore, that tho City Council had been guiltv of trespass on plaintiff's land. j"i A i 'St™ 10 caUEo . of thG s,i P'" 'he magistrate added, I am convinced both from the evidenco given and from personal observation that the construction of the defendant's drain did not "} an X ' !™y contribute lo the damage, but that plaintiff s excavation was the sole cause of the trouble. This is too evident to be doubted bv any unbiased observer. The trespass I look upon as a technical one, but still the provisions' of the statute ought to have been observed. 'I do not forget also that defendants lemovcd the spoil, an operation which it was not incumbent on them to carry out." „ For tho trespass, plaintiff was awarded ,£5 daruagosc INDENTED GOODS. Dr. M'Arthur delivered resetted judgment in the action between Liggins" Froggatt, plaintiff (Mr. Dix), and W. P. Shaw, defendant (Mr. Cullen). Plaintiff claimed £83 2s. for damages sustained by reason of defendant's refusal to accept,and pay for goods indented by defendant through Messrs. P. R. Russell anil Co. A number of technical points were disposed of, and his Worship gavo judgment for plaintiff witli costs. 1 CLAIM FOR BOARD. « M. Mantcll, boardinghouse-kecper, Adelaide Road (Mr. Dunn), proceeded'' against Morris Lust, tailor and mercer, Feathcrston (Mr. Monicath), to recover J'69 4s. 5d., balance alleged to be duo i to plaintiff for tho board and lodging of defendant's children at, £1 lGs, per week, and for clothes, goods and chattels supplied by plaintiff for the uso of the children. Further hearing was adjourned until to-day. \ A WITNESS'S EXPENSES. (Before Mr. W. G. Riddell, S.M.) '. W. H. Ballingcrproceedcd against Frederick D. Griffiths (Mr. Weston) to recover <£2 2s. for witness's expenses on a subpoena.' Plaintiff was non-suited. A CLAIM FOR RATES. Wm. Burgoyno'Hudson; civil servant, plaintiff (Mr. Luckio),, sued Carlo Antico (Mr. Somerville) for £i 7s. 6d., alleged contribution of rates due by defendant on a property at Pnckakariki. Further hearing was adjourned until to-morrow, pending the production of a judicial decree.