MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 911, 2 September 1910, Page 3

MAGISTRATE'S COURT.

(Before Mr. W. B. ITasclden, S.M.) SOME STOLEN RED PINE. ■ ■ ' . "ONLY FOE FIREWOOD." Thomas James Parker pleaded . guilty to stealing: from tho Prouse Lumber yard C2ft. of .red pino timber, valued at 10s., the property of tho Prouse Company. 'Sub-Inspector Norwood stated that Constable Doyle had seen ncoused taking somo timber from.the yard, and had followed him into his own yard, where-, he discovered 02ft/ of. timber a-nd a sack of sawdust; The -Proust) Lumber Oompan) had informed the police- that a considerable quantity of timber had been missed; Accused had never been before tho Court before. ..-.-..'■. Accused stated that ho was a seafaring .' man, but at present kept a boardinghouse at'.23 Jessie Street. The timber .which lie had taken was only used for firewood. . '■ ' . A fine of 40's. was- imposed, in default ', fourteen days' imprisonment. : . .OTHER CASES. '. • William Hilcy pleaded not guilty to a charge of using •■ obscene language. Alter hearing 'the evidence of the police, Miis Worship convicted accused and fined, him 205., in default seven days' imprisonment. Annio. Evans.pleaded'hot , guilty'to, a ,■ charge of importuning in Taranaki Street. Police evidence was to the effect that before the present charge was preierred against the woman, , she had been living respectably for s.me months. The ' in- ; formation was dismissed. ' ;■-.■■' i Mary, Sidou,' , for whom Mr. ,V. Meredith'appeared, pleaded guilty to, a charge of importuning iii Victoria Street. Counsel stated, that .accused's mother was a respectable widow, the owner, of a fann, and .was prepared to.! take her daughter, jhome if the latter were given"a chance. ;Accused .and ordered, to lioinp up; for sentence when called upon, on .condition that she went home'a'nd-.rc-:inained with, her mother for 12 months.. Henr.y Charles Geige, on a charge of drunkenness, was'fined ,205., in default seven: days'imprisonment. ..■■''■- • CJVIL BUSINESS. ;■ : . - (Before Mr.. W..R. Haselden,' S.M.)' /PRICE .01''BRICKS; IN DISPUTJii. '.J , ■ '■■ Reserved.' 'judgment iwa's '.delivered " yes- .' :terday mdrningi:iiitn3 : caso in which Bd- - ward Russall M'Leah : Dympck,\ receiver' : for the debeiituro Holders of ,PeUf Huteqii and Co., .Ltd:, brick manufacturers, of Wellipgton, cluimed 'i'iß.lss. from James Hall Kenny,' contractor, -of ' 15 . Nairn: Street, Wellington, for/go.ods sup' : to'the ;defendaut by Peter Hutson and-Co. ilt. appeared that the sum ft '.. £M 7s. ad. had .beiiii paid by defendant;, leaving the',sum of lSs. ! in. dispute. ■ ; For the'defence it had been .'contended. that-plaintiffs, had charged la price V;in: .. .excess of that agreed.ujjon in the contract'- ! for .delivery.!-. Plaintiff's contention -^vas t]iat, :in -April last, .brickniakers raised tho . price .of bricks, and that defendant .was well aware of 'the advanced price." ' . ■"'His AVorship'said that ho had gone ; . ,'vpry carefully into .the' case and' could' : .only give judgment for the.amount 'paid '• 'into Court.:. Plaintiff would have to pay solicitor's fee, jClls. l •■ .. ■ , • ' . .JiV. H; E. Evans wasfor plaintiff, and . Mr. P.'-'.Jackson 'for* defendant. ■'■ ir. ,;',-■', ■ ! ■;■}■ -LIFE. OF.'-WINDOW- BLINDS/ T, , ->. James Clark, clerk, of Wellington, sued ■■ ,'A.niiie. Catherine .Melville for , , the; rettirn [■■ of blinds with rollers,-etc.,. '■■ Rttached'; or otherwise, their valuo, JS3 ss. Mr.'.Jl. Crombio appeared for plaintiff, and: Mr,., C:' B. Dix for tho'defendant..-:' . It was stated in 'evidence thut ■ defendant, had."lweij ! the tenant of a house own-, ed..by.jplaintiff, and had occupied i.tiirom :.; i!)0S until .quite , 'recently. -.There .were : U Holland' blinds owned by. plaintiff'in • ■ the -, h'ouso when defendant took . posses-' '■;' sibiii ,; When, defendant left thero'were only left of the original four- ," teens now claimed, for :tho.other " '"teii,! or,i as an alternative, .their value. ■ ■vl'br,. the defence it ■- was'contended, that \ theblinds' had/'worn' out, -and that ..the ■ .terms,: of • .the ; tenancy • did: not ■ require, des I 'fendant to .'make 1 good any loss by v"fair : : wear ,and tear." ..■■■;. ' '■ / ..'■ ! . 'His.Worship, gave, judgment for.defend- . ant,'each party; to. pay their'own costs. ' ■''':' !!'-■'-. '■■ '. i' ' ' I '■ ; ' '■ u •■' :■■ '* \:> WAS DUE'?' V _..': ■'..' The-;". New Zealand' Shipping Gazotto'! . sued A. K. Vile, journalist, fprj £1 75., amount alleged m: be.! due .as. refund of .. 'advances made .against commission , to be '• .earned; , - , - , ;■':'■/■'■ '--:!' :, • *":.'■■' "' . ■'■.'■'.■■"■ ':. : 'Mr. F.H.Keily/who appeared for the , plaintiffs,, stated that defendant, had .been, . .engaged on • the.. understanding that, he ■ was to! receive 25 per cent, commission on all business -obtained, and was to^receive : d£r ; a;week as experises.-and £2 a! week 'ai '." advances against pommission to be earn: «d:. -After !allowing- , for -certain • items, ! plaintiffs ,hold.that iC7 7s. ;-was diie to ■ them, v- : :,' ' vV/ ■ '. .- ".-. : y ■ .'''.'After hearing'evidence his''Worship re''seryed..decision.'until' September 6.'■'. "•' ! ;; ;!;; ; UNDEFENDED CASES' -. -. .! Judgment '.by "default was given : .'for ' :plaihtiff in the "following.--. undefended casesVrP. Haymahand Co. v. Edmund • Marriott, jCG :165., vcqsts £1 35.. 6d.; Bannatyhe and! Hunter v.E. Jones, .£lo,'lss. lid.,: costs 10s;. 6(1'.; Findlay, Dalziell. . and Po.v..', Harry' Telford, £s' : lis.'M.y i costs.jEl 4^..,ed.; Wellington Loan Cpm- ■ pany, Ltd., .v James Woods, costs £1 135.; 6d.; Scoullar and Co., Ltd.,, v. Charles Nicholson, ..£6 Os.fld., costs 'Jsl 3s. 6d.; P. Mackin.v. Christopher BroATi; ■ £1' 15s. : 6d., ■ eosts ; . ss.'; W.G.'. Wholesale i Manufacturing ; 'Company, Limited' v. Alargarete- Nidd,! £7 Us. Sd;, costs £I' -35. , . ■ fid.;. Bannatyrie and. Hunter v. Mrs. S. •Meyrick, :J4;195..11d.!, :posts. 10s. - ;.-,-.' "■;■ ; SUMMONS..— '■.'• /:• No order was made in the! judgment ' summons case!: of Edwin Bull v: iThomas ■Tyree.'a claimfor ,£48.55. .