MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 755, 2 March 1910, Page 9

MAGISTRATE'S COURT.

POLICE CASES. (Before Mr. W. G. Riddell, S.M.) UNSEEMLY CONDUCT. Frank Doherty was cliarged with using threatening behaviour in Courtcnay Place, whereby a breach of the peace- was occasioned. Sub-Inspector Norwood stated that Doherty twice knocked a woman flown. Accused pleaded not guilty, but, after hearing the evidence- of the police, the accused was convicted, and a fine of 40s. was imposed, with the option of 14 days' imprisonment. JUVENILE THEFT. Eoy Manson was charged with stealing the sum of.Gs. Id. in money, the property of Arthur .The accused. pleaded guilty to taking the money from Sherman's clothes at the To Aro Baths. He was discharged with a caution, and will receive fivo strokes with the birch: Eric Manson was also charged . with having received the' sum of ss. from Eoy Manson, well knowing the same to. have been dishonestly obtained'. The accused was also discharged with a caution, and will receive fivo strokes with the birch. WILFUL DAMAGE. Martin Carlson and Albin Anderson were arraigned on u charge of havirig wilfully damaged a fenco valued at lis., the property of William M'Gi.U and others. Both accused pleaded guilty, and were convicted and fined 405., and ordered to each pay half the damage dono, in default seven days' imprisonment. INSOBRIETY. . ■ . Joseph Gibbon, with previous convictions lor drunkenness, was convicted and sentenced to 21 days' imprisonment. The magistrate also ordered that he bo prohibited for twelve months. • Four first offending drunkards were also • , dealt with. CIVIL CASES, (Before Mr. W. B. Haselden, S.M.) Judgment for plaintiffs were awarded in the following 'undefended civil actionsV— ilutt County Council v. . Clara Dillon, 12s. 3d., costs' lfl's.'; 'Bates ■ and Lees :v. Edward If'Ginhity, £5'155., costs :£\ is. ■ HA.; 11. M. King- v.. Reginald. Welsby, . •CI Os. 4d., costs 65.; Alex. Cowan and Sons, Ltd., v. J. Hooker and C0.,'..£12 Ms. 4d., costs ,£1 10s. od.; Preston and Co., Ltd., v. Thomas :]3rien, £2 Is., costs , 10s.; H. G. Anderson and Co. v. Fisher and Foss, £i 14s. M., costs. 10s. Wellington City Council. v. Chas. H; Harding, Ss. 7d.', costs os.; same. v. Frederick Cording, .£5 15s. Gd., ; costs Bs.; ,T. and W,., . Young v. Syd. H. Evans, £19 4s. 10d., costs £1 10s. od.; Dresden. Pianoforte Manufacturing and Agency, Ltd., v. Tahua Watson, ,£l9 4s. 2d., costs 15s. Od. . . • JUDGMENT SUMMONS. . In the judgment summons case Ethel -8.- , De Costa v. Frederick Schlaich, a; debt . of o£2l 25., the magistrate refused to make an order for payment. ' OTHER-CASES. The Emp : re Loan and Discount Company, L'd., issued a summons against T. G. Mauarthy claiming' nossession of a : Broadwood grand piano, valued at £120, the property of the plaintiff, taken by . the defendant as landlord of the- premises in Mariners Street where it had been 5 kept by E. J. Falkiner, who had bailed j the instrument from, the company. ..For the plaintiff it was contended that the piano had been transferred to the company . by Falkiner's uncle who was indebted to ;tho company. . For the defence it was contended that the pianos were the property of E. J. Falkiner, and that ho hail only colourably transferred them to the company, and that the.bailment was actually the bill of sale, and therefore void, because it was not registered under the provisions of the. Chattels- Transfer - -Act. . ■ ' After hearing the evidence and legal argument judgment was reserved. Mr. Dix appeared for plaintiff company, and Mr. Peacock was counsel for defendant! 3. Keserved judgment was given by Mr. | Haselden, S.M., in. the case of John V. ! ' Dyke, horsedealer,. v,' Fiymk MTarland, ! a claim for the recovery of ,£ls, value of ■ a hired horse, defendant counter-claiming i .£23 25...(id., cost of damage to a' cart. ) Evidence was given at tho hearing of tho i case to the effect that MTarland hired a \ horse from Dyke for use in his cart. I While drawing the cart up an incline I leading towards the Terrace Gaol, the horse jibbed, and backed, over a - bank, ) resulting in tho horso being killed and the cart damaged. In dealing with the claim, his Worship | contended there was no evidence of any ' negligence on the part, of. defendant's t driver, and "under tho circumstances j plaintiff uiust fail in his action. With ■ regard to. the counter-claim, he contended J that the • accident occurred through the 8 fault of the- horse, ,but it could not be I said that defendant knowingly or negliJ gently supplied a faulty animal. Judgment would therefore go in favour of - defendant in each case, and no costs would bo allowed. Mr. O. Beero appeared for claimant, and Mr. M'Grath lor defendant. A cross-action was heard in which were concerned Alexandra Elizabeth Pay. and Frederick A. Johnson, landlord and tenant respectively. Tho former claimed to recover £15 65., rent of a house at ■Kilbirnie, alleged to be cluej while tho latter counter-claimed for £7 135., for work.done. After hearing the case the magistrate contended that the sum of £7 Bs. was duo to Mrs. Pay. Claimant was also allowed £2. 14s;.costs. With, respect l to the counter-claim, bis Worship considered that it might be.all.'right,, but it was evidently an - afterthought,' arid accounts should have been rendered at the time. Tho counter-claim would, therefore be .dismissed. '. Mr. Webb appeared for claimant; and Mr. Anderson represented defendant.