MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 899, 19 August 1910, Page 3

MAGISTRATE'S COURT.

(Before Mr.. W. C 4. Riddel], S.M.) ~ A BULLOCK'S ORDEAL. OWNER FINED FOR CRUELTY. . Mr. W.' 0. Riddoll,' S.M., yesterday delivered reserved. decision in the case in which the Society for the Prevention of Cruelty to Animals prosecuted Alfred Mitchell, shcepi'arnuT, of Porirua; for ■cruelly ill-treating a bulhiek. ...... : The facts of the case as previously out■lined were that .tlm bullock was "one of .a truck load. railed from Taihapo, to Porirua on a Haturdaj. It was iuj tired in transit, had arrived at Porirua on the Saturday night, and was taken from tho truck on Sunday morning, placed- in tho cattleyard from Sunday; morning till Montlny morning, when it was killed. . It was alleged that the bullock was unable to rise on its front legs owing' to -.aninjury to its shoulder, that it had been left in the yard without food or water and without shelter. ' '

For the defcnwrit was contended that 'shelter was not necessary ' for ' wild cattle; that in any case it was impossible to provide shelter; that it had not been left without, food for. undue length • of time;' and.that when' known to ho injured it was killed as soon as possible. ! The magistrate held that the evidence disclosed knowledge on the part of defendant tl.at il.o uiiibiul owned by him was suffering pain,, and his neglect to do .anything for it from Saturday night till Monday morning amounted to cruelty, as coming within the scopq of.decisions in the cases quoted by "llr. Meredith, defendant would bn fined 405.., with' 1!)«. icourt costs, witnesses' expenses 18s., and 'solicitor's fee. £1 Is. ■~'•■'.

INSOBRIETY.,' Arthur Edward Tonics ,was '.convicted and discharged for drunkenness. For breach of a prohibition order, tho same defendant was fined ,405., in default 14 days' imprisonment. ,'-..'

John "White, alias Murphy,' alias Driscoll, charged with drunkenness, was declared a luibitunl inebriate, and was committed to the Inebriate:)' Homo at Pakatoa for one year. A first o&Vnder, who did not appear, forfeited his bail of 10s. Ono first offender was inied ss'., with the usual alternative, one was convicted mid discharged, and another was remanded for seven days for medical treatment.

CIVIL BUSINESS.

(Heforo Mr. W. It. Haselden, S,M.) DISPUTED PROCURATION FEE. Messrs. O'Sullivnii, land and commission agents, of Grey Street, Wellington, sued .las. Joseph Cronin, of Kilbirnic, for M\ 10a., procuration fee of 1 per cent, on a loan of i£oso procured' by the plaintiffs on July 11, 1910, at tho request of the defendant on a property at Kilbirnie. Mr. M. J. Crombie appeared for plaintiffs, and Mr. G. H. Fell was for defendant. Alter hearing evidence his Worship held that 'defendant had givin yjlaintttts instructions to raise the .loan, .and had not cancelled tlieso, instructions. Defendant had had any advantage that was to be had from the raising of the loan, and must pay the procuration fee. Judgment was given for plaintiffs for tho. amount,claimed, with costs 155., witness's! expenses los., and solicitor's fee, JEI lis. :

CLAIM FOE MEDICAL FEES. ■Dr. P. Mackiii, for whom Mr. P. Moran appeared, sued Francis Pierce for £& ISs. Gd. for-professional services rendered to defendant's., .wifo and mother-in-law. After evidence had beeu taken, judgment was given,for tho full amount,with costs totalling £2 13s.

BREACH OF'AWARDS, i Chas. Edward Aldridge, Inspector of Awards; sued-O. ,W. Oldham, proprietor of the Excelsior Laundry .for an alleged breach of the Engine-drivers' '■ Award, in that ho ' failed to pay an employee tho weekly" wage provided by the award. A penalty of .£lO had been asked for, but the case had been adjourned to, givo defendant an opportunity of paying tho extra amount due. When tlie-case was called yesterday, tho inspector stated £1 ds. back wages'had been paid. His Worship imposed a fine.of 10s. Mr. A. de B. Brandon, juu., appeared for defendant. In the adjourned case brought by the Inspector of- Awards against Howard and Co., .butchers, of Island Bay, for an alleged breach .of the Butchers' Award, Mr. Hindmarsh appeared for the defendants, and asked that a nominal penalty only be imposed. The back' wages, lie said, had been paid. The case arose out of. an alleged failure to pay an apprentice the full award rate of wages. His Worship imposed a line of 10s. H., Fisher, baker, of Newtowm, was sued'bv the Inspector of Awards (Chas. Edward Aldridge); for a £10 penalty for an alleged breach.of the preference clause of the Bakers' Award, committed v by. defendant in employing a non-uniomsc dining, a,-,time thnt unionists were available and equally competent to do the work. . The defendant, it appeared, had been misled by the man employed, and tho case was dismissed. Mr. Meredith appeared for defendant. .- ; ~.. ' ■ ... UNDEFENDED LIST. ; Judgment by default -.was given . for plaintiff in the following undefended cases—Fanny llaynor . and Gertrude .Cockerell v" Esmond. Williams, .£4 Is. Gd., costs' 125.; Gordon' and' Gotch 'Proprietary, Ltd., v. Marlborough Co-opera-tive Newspaper, and-printing Co., Ltd., .£98.175;, costs M -10s. Gd.; M'Loan and Archibald v. L. W. Wilson, £5 -9s. Bd., costs £i" ss. Gd.; ; Storcr, Meek and Co. v. Marlborough Co-operative ■ 'Newspaper and Printing . Co., Ltd., £28 14s. 3d., costs «£2-145.; Commercial Agency, Ltd., assignee, Griffin and Sons, Ltd., assignor, v. Edith M. Wright, £37 Gs. Gd., costs £2 145.; Commercial Agency, Ltd., assignee, Bing, Harris and Co., Ltd., assignor, v. Juue Siegel, £2 10s. 2d.,-costs £2 25.; Cvcle and Motor Supplies, Ltd., v. A. K. Brookor; £10 lGs. 3d., costs £1 10s. Gd.-; P. 'Hayman and Co. v. H. A. Richards, JC'IG ,3s. 2d., costs J!l los. Od.; Te Aro House, Drapery C0.,-Ltd.,-v. Madame Catherine Tiitschka, M 17s. Gd., costs 10s;; Commercial Agencv, Ltd., v. S. B. M'Donald, £W3 15s.'- Id., costs ■£7 155.; Hirst. and ■Co. v. Wilfred G. Caird, £1 , 18s. 5d., costs £1 Gs. • ■'..•,.