MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1028, 18 January 1911, Page 3

MAGISTRATE'S COURT.

* ■ (Before Dr. A. M'Arthur, S.M.) SUNDAY. TRADING. AN INTERESTING CASE. Reserved decision was delivered in the ca«e in which Robert Jillett, barman of the l'orirua Hotel', was charged with Sunday trading, in that he supplied liquor to a man named Walker on that date. In the course of his judgment the magistrate said:—"The beer was sold on Saturday night, about 9.30 p.m. On Sunday morning it was taken to a certain- shed by the defendant. From that shed it was removed by a Maori and taken in the direction of tho Maori ria. The defendant as.-erts that he put the beer off tho licensed nremjses on Saturday night,; before 10 oT'cloek, and on the side of tho road. The exact snot is well known to me, and I have liad'a good look at it again since the case was heard. I cannot, and do not, believe that the defendant left the bar before 10 o'clock on Saturday nisht, a busv ono on his own evidence, and deposited tho beer bv the road side, where it remained all night until between 0 and 10 o'clock on Sunday morning. Tho evidence of the defendant on this point, and of the Maori, about tho shooters, who asked him to convey the beer to some rushes, does not convince me. In my opinion tho beer was taken by .tho defendant from the licensed premises on Sunday morning, and left in a shed on the road to Titahi Bay. Such being my opinion, the case comes under the authority of Noblett v. Hopkinson. In that case a licenseo sold to a customer on Saturday half a gallon of beer, to bo delivered to the customer on Sunday morning at'an hour when the licensed premises were closed. The beer was paid for at the time, and was drawn into a bottle, which was then corked and set aside for delivery on the following morning. The beer was taken from the licensed' promises on tho Sunday morning, during closing hours, and sent to tho customer. It was held that the licensee had committed an offence. Tho defendant will bo convicted and fined £o, with cost 9 and witness's expenses amounting to £1." Sub-Inspector Norwood prosecuted, and Mr. J. J. M'Grath appeared for the defendant. •' OTHER CASES. George H. Hughes, an elderly man and a. seaman on tlio Clan Grant, pleaded guilty to a charge or' drunkenness, and to a further, charge of absenting himself from his ship on Monday without leave. On the charge of drunkenness Hughes was convicted and discharged, and for absenting himself from the ship he was sentenced to three days' imprisonment, with Jn order- that he be placed on board the ship if sho sailed before tho expiry of that term. Herbert Doughty was charged with theft, on January 11 at I'ctone, of two gold watch chains and pendant, and ono sovereign, total value .£lO, the property of Isabella White. He was also charged with stealing, ou tho same date, a watch and a pair of sleeve links, valuo £3, tho property of J. Butler. On the application of Chief-Detective Broherg, accused was remanded until January 25. One first-offending inebriate was convicted and discharged. CIVIL BUSINESS. COMMISSION AGENT'S CLAIM. Arthur Warburton and Co., estate agents, Wellington, sued John George Falder, settler, 31 Hall Street, Wellington South; to. recover tho sum of .£32 10s. alleged to be due to plaintiffs by defendant as commission at 2j per cent, on tho salo of land and premises owned by defendant, and situato in Hall Street,* Wellington South. The sale was alleged to have been effected on October. 25 last for ,£1300.. As an alternative, tho plaintiffs claimed the sum. of, £32 10s. Mr. M. Myers appeared for tho plaintiffs and. Mr. E. Hadlield for the defendant. For the defence it was contended that, plaintiffs had misunderstood the instructions as to the price 'of the property, which should have been J21750 for the two houses, instead of .£I3OO, which was intended'to be tho price of tho o larger house only. After hearing the evidence, the magistrate intimated that he would give his decision on Tuesday next. CLAIM FOK POSSESSION. In tho caso of Mary Galloway, v. C. Kyeling, a claim, for possession and rent £2 lis., defendant did not appear, and plaintilf was given possession and judgment for the amount claimed with costs.' . -UNDEFENDED CASES. Judgment by default was given for plaintiffs in tho following undefended cases:—Wellington Publishing Company, Ltd., v. Patrick Harnett, £17 10s., costs £1 10s. 6d.; H. Oscar Hewott and Co., Ltd., v. William Leach and Minnie Leach, .£l9 7s. 6d., costs £1 13s. Gd.; Robert Martin, Ltd., v. James Morrison, Ltd., .£39, costs JE3 i)s.; Wellington City Council v. Peter M'Donald, £2 lis., costs lis.; •Andrew- A. S. -Menteath and Oswald N. Beero v. Robt. Hcarn, .£139 7s. Bd., costs.£7 '9s. 3d.; Frank J. Pimiock v. Matilda 1 Jane Watson, .£B, costs £1 os.; John Norton v. Robert Edward Howell, £Sj costs '£1 7s. 6d.; Now Zealand Farmers' Cooperative Distributing Company, Ltd., v. John Do Laney, 9s. lid., costs lis.; Arthur Cecil Wolff v. J. W. M'Koy, £2 is., costs 10s.; R. Hannah and Co., Ltd., v. Mrs. Elsie Peterson, .£2 3s. Gd., costs lis.; Oscar Hewett and Co., Ltd., v. Mrs. Annio Payne, .£ll 55., costs ,£2 3s. Gd.; Wellington Traders' Agency, as assignees of Kempthorne, Pressor, and C'o.'s New Zealand Drug Company, Ltd., v. Peter G. Hume, £2 4s. 4d., costs 55.; Rosenberg and Co. v. Joe Eilersen, Is., costs 55.; Herbert Edwin ■ Fairweathcr v. Thomas Green, ,£5 iOs., costs £1 ss. (id.; Flaws Bros. v. John Henry W. J. T. Johnston, M, costs Xl"3s.- Gd.; Field, Luckie, and Toogood v. Vincenzo Almao, M 25., costs 10s.; same v.. John Reuben, £a Bs. 3d., csts £1 Bs. Gd.; Nelson, Moato and Co., : Ltd., v. Stuart B. M'Donald, .£2O lGs. Id., \costs £2 175.; Sims Hardware Company, Ltd., v. Arthur E. Recs, £1 18s. 3d., costs 125.; Jones and Ashdowu, Ltd.,' v. Win. M'Be'th Miller, £2 Bs. Gd., costs 10s.; same :v. AVallace Herbert Stewart, £i' t costs 10s.; Hallenstein Bros., Ltd., v. Thomas Lock, £3 16s. 55., costs 10s.; Stewart Timber, Glass, and Hardware Company, Ltd., v. Win. Howan, £3 10s. 6d„ costs 55.; John Brooks v. Albert M'Donald, £1 10s., costs 95.; H. J. Brandt v. Lawrence A. Jacobs, JEli Us. 3d., costsil 12s. Gd.; Queensland Insurance Company, Ltd., v. Kcepa Hihira, .£l2 7s. 3d., costs £2 ss. Gd.; John Duthie and Co., Ltd., v. Herbert Grcathead, £3 13s. Id., costs 55.; Thomas B. B. Garlich v. Arthur Francis Janies Hebbend, £% 18s., costs Bs.; Herbert Prico v. Frank Morrah, £2 13s. 5d., costs 10s.; same v. Tom Dwyer, £2 2s. 2d., costs 10s. JUDGMENT SUMMONSES. W. Wilson was ordered to pay ,£l7 Is. 2d. to the Wellington Harbour Board on or before January 31, in default fourteen days' imprisonment." Frank Scoringe was ordered to pay £7 18s. to Charles T. Scoringo by instalments of 2s. Gd. a.week. Patrick O'Halloran was ordered to pay £1 lis. to Mary Quin by instalments of ss. a fortnight. No order was made in the case of John Guy v. William Hargreaves, a claim for £i os. *\