MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1007, 23 December 1910, Page 3

MAGISTRATE'S COURT.

(Eefore Mr. W. G. Riddell, S.M.) A MYTHICAL MIRROR. FALSE PRETENCES. . A young man named Lionel John Melva pleaded guiltv to obtaining the sum of 15s. from William Franklin Browne by means of false pretences. Chief-Detective. Broberg stated that -accused had represented to the informant that he had arranged to place a large mirror in a private hotel in the city, as an advertising medium", and had obtained the 15s. for an advertisement to be inserted thereon, but the mirror had never been erected. Accused had previously been convicted of false pretences. A sentence of three months' imprisonment was imposed.

PILLAGING CARGO; William Donoghue, a fireman on the intercolonial steamer J(oeraki,. pleaded nof guilty to a charge of theft of three pineapples, valued at 2s. 3d., the, property of the Union Steam Ship Company. Sub-Inspector Norwood prosecuted. Evidence of the chief officer and tho boatswain of the, Moeraki was to the effect that, yesterday morning, there wero signs that some of the deck cargo of fruit had been interfered with. A search of the ship was made, and three pineapples were found under accused's bunk, while an empty case was also discovered near by.■ Accused denied all knowledge of the theft, and stated that he was not aware that the pineapples were under .his bunk until called on by the chief officer,' but tho magistrate was not satisfied with the explanation, and imposed a fine of 205., with the 'alternative of 48 hours' imprisonment. VAGRANCY. Elizabeth Allison Woods, who had been found without lawful excuse on premises in-Brougham Street, pleaded guilty to a chargc of vagrancy. There were twenty-four, previous convictions against her/ and she was sentenced to a year's imprisonment. *

REFUSED TO SHOW HIS TICKET. George Miles, wlio did not appear, was fined 20s. for drunkenness, the option being 21 hours' imprisonment. For refusing to show his ticket'to the guard, while travelling.oil the Auckland-Welling-ton express, the fame accused was fined 205., in default 24 hours' imprisonment.

DID' NOT PAT HIS FARE. For travelling on the steamer Taka.puna,, behvoen -Wellington and Picton, without paying his fare, Bryan Maloncy was lined 205., in default 48 hours' imprisonment, 10s. to ho paid to the Union Steam Ship G'ompauy if the fine is recovered.

OTHER CASES.* ( An information against Leonard Carter for failing to maintain an illegitimate child was dismissed, the magistrate hold-, ing that complainant had not proved/her case: No costs were allowed. Mr. A. Blair appeared for complainant, and Mr. P. W. .laclcson for defendant.

Alfred Nunnerly, charged with drunkenness, was fined 10si, in l default 48 hours' imprisonment. James Gibson, for a similar offence, was penalised in like manner. Cornelius Sullivan, who had been found drunk the previous evening;, pleaded for a' chance, and was convicted and ordered to come up for sentence when called upon, on. condition that he left the city. One first offending inebriate was fined 55., with the alternative of 24 hours' imprisonment. CIVIL BUSINESS. (Before Dr. A. Jl'Arthur, S.M.) DETAINED PENDING PAYMENT. Reserved judgment was delivered in the case in which Frederick C. Fraser, clerk, sued Frederick Dobson, licensee of the Masonic Hotel, claiming recovery of wearing apparel, etc., alleged to be wrongfully detained, also A'G 6s. 9d., as damages for' the purchase of clothes alleged to have been rendered ■ necessary by plaintiff's act, also .£2O general damages. Mr. E. C. Levvey appeared for plaintiff, and Ifi'. A. Gray for defendant. In the course of his judgment, tho magistrate said: "The plaintiff resided for four weeks in the. Masonic Hotel, of which tho defendant was the licensee. Plaintiff alleges that ho gave up liis room on. a Saturday, hut, with defendant's permissiou, allowed his goods to remain in tho room till Monday. ITis four weeks was up after breakfast on tho Saturday. The defendant states that the plaintiff gave up his room as from the following Monday, while plaintiff admits that he had meals in the house for which lie lias not paid, on the Saturday and on. tho Monday. In going to settle his account with the defendant, the plaintiff declined to pay 15s. for' 21 days from Saturday to Monday evening. The defendant refused to give up plaintiff's goods unless ho: paid ' the 15s. In my opinion the sum of 15s. is rightly due to tho defendant." Judgment .was accordingly . given for defendant, with the usual costs. A BROKEN- AGREEMENT. Judgment .was delivered, in tho civil claim of Arthur Cecil Wolff (Mr. A. IT. Ilindmarsh) against Mary Jano Bacovich (Mr. A. Gray), in which plaintiff alleged that .£32 10s. Bd. was due under agreement. Plaintiff had lodged £50 as security for the - fulfilling of an agreement, and now claimed the return of this amount, less £25 ISs. Gd., due for rent, and further claimed ,£i_ 2s. Gd., value of stock in trade, .£2 IGs. Bd. teleJ phono subscription, and .£1 10s., balance lof advertising. Defendant denied liaIbility, and counter-claimed for £25 18s. fti. rent, less .it 2s. Gd. agreed upon us the value of the stock in trade.

After reviewing the ease at length, tho magistrate remarked that plaintiff had broken tho agreement in a few vrccks, although the term did not expire for 15 months, and, therefore, in his Worship's opinion, the .£SO must be treated as liquidated damages for tho breach of agreement, and so plaintiff's claim must fail.' Judgment was given for defendant on the claim, and also on the counterclaim, tho usual costs being allowed,