MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 879, 27 July 1910, Page 7

MAGISTRATE'S COURT.

(Before Mr. W. E. Haselden, S.M.) SEAMAN SUES HIS COMPANY. AND IS NONSUITED. Reserved judgment was given in the case in which William Lovell, of Wellington, seaman, claimed .€2O damages from the Wellington and Wanganui Steam Packet Company, Limited, for an alleged failure on the part of defendants to comply with the Shipping and Seamen Act, 1308. His Worship stated that the action was ostensibly brought under Section llii, Clause 3-2, of the Act,' which provides that when a seaman is left on shore at any place in.New Zealand by reason of. illness the master or agent shall deposit with the superintendent the full amount of wages then duo to the seaman to the end of his engagement. The form of the action was one for a test wherein damages were claimed. Plaintiff alleged that lie was an articled seaman on the eteamer Huia, that ho contracted laryngitis on board the ship, that ho was discharged while suffering from the illness, and was ill. for fourteen weeks, and that the defendants failed to comply with Section 119, and he therefore claimed £20 damages. But no duty was cast on the defendants by Section 119, and therefore no aution lay against them as owners. Plaintiff was not left on shore on account of illness. No proof was given that he had contracted the illness on board, or in the service of the ship. When he took his discharge he did not make known his illness to the captain, and. when ho of his of.'n accord consulted a medical man ho did cot appear to require medical treatment for "not less than fourteen days." The rime for proceeding by information had elapsed. His Worship, in conclusion, said that he did not think that the intention of the Legislature in creating the duty under Section 119 was to allow a civil action for tho breach thereof. Procedure by information was the remedy presonted ;by -thei-statute,. nnd was the only one available. Judgment would be for the defendant company, with costs amounting to- £2 4s.

""Mr.- Hindmarsh appeared'"for plaintiff and Mr. Kirkcaldie for defendants.

MOTOR-CAR SMASH. Judgment was given in the case of J. O'Brien and Co., general carriers, of Wellington, v. James Sands Elliott, medical practitioner, also of Wellington. Plaintiffs' statement of claim alleged that—(l) On March 10 the defendant so carelessly and negligently drove and managed a motor-car in Constable Street, as to run into and collide with the plaintiffs' express and two horses while they were drawn up on the side of the said street; (2) that the express and harness were considerably broken and damaged, and one of the plaintiffs' horses was so seriously cut about that it had been per* manently injured, and was also consid-. ercd totally unfit for work for four and a half weeks. The amount of claim for damage and expenses'was £13 12s.

The defendant counter-claimed for .£1 10s., being charges and expenses incurred in effecting repairs to damage caused to his motor-car, as the result of the plaintiffs' lorry.

Judgment was given for the defendant on the claim, and for plaintiffs on the counter-claim. Mr. P. W. Jackson, on behalf of Mr. Wilfordj appeared for plain, tiffs, and Mr. Gray for defendant. Mr. Jackson gave notico to lodge mi appeal. Costs were allowed amounting to £1 7s.

BUYER AND SELLER DIFFER, Reserved judgment was given in the case of Frederick Georgo Butler v. Walter Williams. Regarding this case, it was claimed that defendant agreed lo sell an Argylo -motor-cnr to plaintiff for the sum of ,£450, a deposit of .£25 to be paid, arid the balance by instalments of £W a month, the last payment to bo .£35. The defendant was to put. the car in good order before it was taken over. Plaintiff paid a deposit of .£25 last April, and during a trial found the car unsatisfactory. A further trial made by defendant was also unsatisfactory, and repairs 'were effected. Ultimately defendant refused, it was alleged, .to enter into the agreement to sell the car, and, it was further alleged, had declined to refund the deposit of ,£25. .Plaintiff accordingly claimed £25 damages through loss sustained by being deprived of the use of the car, from which he intended earning a livelihood; also a refund of the deposit of .£25 paid to defendant. Plaintiff was non-suited, with costs totalling £3 4s. , Mr. I'. AV. Jackson appeared for plaintiff, and Mr. Blair for defendant. :. LOAN ON FURNITURE. Tho South Pacific Mortgage and Deposit Company, Limited, proceeded against Leonard Cuthbert and Catheriiio Cain, for £Wi 15s. 3d., balance of principal and interest alleged to be due to the plaintiff company by the defendants as guarantors of Rose Thomas, who was cited as a third party. Tho plaintiffs' case was that a bond was guaranteed by the defendants for ,£175,, principal and interest, and executed by Rose Thomas in favour of tho plaintiff company. Rose Thomas was a defaulter, and after realising on her furniture, there was a deficiency of .£lOl 15s. 3d., which sum tho plaintiff' company sought to recover from defendants. . Mr. T. Young appeared for the plaintiff company, and Mr. C. 11. Dix for the defendant's.

Judgment was given for plaintiffs, with costs amounting tc XI 135., and solicitor's fee, JX ss. UNDEFENDED CASES. Plaintiffs were awarded judgment in the following undefended cases:—J. Benjaman v. J. Watson, £1 lis., costs 10s.; Wellington City Corporation v. Christine. M. Phelan, £1 9s. "Jil., costs 25.; Gear Meat Preserving and Freezing Company, Ltd., v. James Troy, ,£2 15s. Mil., costs 135.; Ernest Bolton v. Cecil Litscouibo Jfmvley, £h 2s. Id., costs ,£1 3s. Oil.; Stewart Timber, Glass, and Hardware Company, Ltd., v. Arthur Cliff, JC2O Is. (id., costs ,£1 35.; AVellington Amalgamated Society of Cooks' and Waiters' Industrial Union of Workers v. Ernest Clifton, 135., costs 55.; Elizabeth Walsh v. A. E. Armstrong, .£1 12s. Oil., costs ss.;' Archibald Clark and Sons, Ltd., v. Albert B. James, .'£s os. (id., costs £1 3s. Gd.; Elizabeth Walsh v, Mrs, John Morgan, .El 55,, costs

55.; Bates and lees v. David M'Alpine, £2 Is. lid., costs 10s.; Urquhart and lsherwood v. A. M'Rendell, .£1 12s; 3d., costs. 75.; David M'Crao v. Charles Adolphus Loader, .£25 18s., costs £i Is. Gd.; It. A. S. Cunliffe v. Joseph Bcnge, £V> 55., costs £1 10s. Gd.; Frederick George Wallburton v. William Grnnhnm, £6 9s. 2d., costs Bs.; William George Etneny v. Barney Rhodes, .£l2 25., costs £1 10s.. Cd.

JUDGMENT S GMMONSES. In the case of Inspector of Awards v. John Reginald Welsby, a claim ior .£l2 65., defendant was ordered to pay the amount forthwith, in default twelve days imprisonment, the order to bo suspended so long as ss. a week is paid, first payment to be inado on August 2. William Downie was ordered to pay Hooper and Harrison £7 Is. sd. forthwith, in default seven days' imprisonment, the order to be stayed so long ns £1 monthly is paid, first payment to be mado on August 2G. In the case of Follas and. Co. v. John Williams, a claim for £1 16s. lfld., no order was made. - , GOODS SUPPLIED. The New Zealand Farmers' Co-operative Association, Ltd., proceeded against Eobert Yarrow for the sum of .£2l 2s. Sd;, on goods supplied. After hearing evidence judgment was given for plaintiffs for £2.2. lis. lid., with costs £i 18s. Mr. Luckio appeared for plaintiffs and Mr. Neilsen for defendant. PLAINTIFF NONSUITED. (Before Mr. W. G. Riddel], S.M.) In the case of John Ferguson v. Jones and Ashdown, a claim for £1 Is., plaintiff was nonsuited, without costs. Mr. F. Ward appeared for defendants. UNION SUBSCRIPTION. Tho Wellington Cooks' and Waiters' Union sued Thomas Fletcher for £\ Us., being amount of subscription and fines due.- The debt was admitted by defendant, who stated that he was out of employment and unable to pay. The magistrate remarked that that was a matter for arrangement with tho secretary, and gave judgment for the union for the amount claimed, with Gs. costs. Tho same union also secured judgment agaiiift- William Rogers for .£1 165., with costs 6s. POSSESSION OF A SADDLE. James Morinrty proceeded against Albert Prosser for the possession of a saddle which plaintiff had bought from Frank Higgott, and lent to the defendant. It was stated for the defence that Higgott sold tho saddle to Prosser for 30s.

Tho magistrate held that tho evidonce was of a contrnHictory nature, but gave judgment for plaintiff, with £1 6s. costs.

MEDICAL MAN'S CLAIM. . Dr. Mackin sued Andrew Seiiars, licensee of the Clyde Quay Hotel, for £& 6s. for medical attendance on a man named Willis, who had burned his foot with oaustio soda whilst in the employ of the defendant. For the defence it' was alleged that Seiiars had only just taken over tho hotel at the time of the accident, and did not telephone for the doctor, one of servants having done it. It was also 'stated that Willis was taken to the hospital, could not get admittance, and was returned to the hotel.

Judgment was reserved. Mr. P. J. O'Rcgan appeared for plaintiff, and Mr. J. J. M'Grath for defondant.

POLICE CASES. . (Before Mr. W. G. Riddoll, S.M.) Daniel Philp pleaded guilty to assaulting Francis Lcs O'Connell on Monday last. Mr. P. ,W. Jackson appeared for accused, whom Sub-inspector Norwood described as "a'racecourse gucsscr." He was fined £2, and witness's expenses •Is., in default seven days' imprisonment.

William Henry iiriggs pleaded guilty to a charge- of theft of a pair of boots, valued at 10s. Cd., tho property of ltobert Hannah. Accused 'was convicted, and ordered to como'up for'scntonco when called upon, the hoots to be returned to the owner. His' Worship also ordered that a prohibition order bo issued against liriggs, to have effect for -hvelyo months.

• On a charge of theft of a quantity of-metal, valued at is., the property of James Russell, George AVhite, alias William Matthews, was convicted and sentenced to ono month's imprisonment.

Allan Steele Kamsay was convicted and discharged for drunkouuess, and for procuring liquor during the currency of a prohibition order was fined £2, in default 14 days' imprisonment. Francis Martin was convictpd and discharged for insobriety. For procuring liquor during the currency of a prohibition order, from some person or persons unknown, accused was fined .£l, with tho alternative of seven days in gaol. .On a further charge of entering tho City Hotel, while prohibited, and procuring liquor, ho was mulcted in a fine of ,£l, in default 11 days' imprisonment. Four first offending inebriates were each fined 55., with the usual alternative. • MOUNT COOK POLICE COURT. At tho Mount Cook Police Court yesterday, before Mr. J. Lachnian, J.P., one first offender, and James Capper, both charged with insobriety, were fined 10s., with tho option of '18 hours' imprisonment. For a similar offence John Priest was fined-55., or 24 hours.