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MAGISTRATE'S COURT.

(More Dr. A. M'Arthur, S.M.) civil business. t;xdei'exded casks. Judgment by default was given for plaintiffs in |tho following- undefended cases:—James Flowers v. H. Barsht, £i ■Is., costs 10s.; W. C. If. Gardiner v. William Fvliht Jl'Lcod, .1:10, costs £\ Gs. lid.; F. 11. King ami Co., Ltd., v. Siemen Sicgel, £& β-s. Bd., costs £\ Gs. Od.; Public Trustee v. Alfred Henry Pearcoy, .C 7 -Is. lid., costs .CI H.-. Cd.; Richard Pnignan v. I' , . Wilson, .£lO Bs., costs .CI 10s. Gil.; G. Ilnrdt and Co., Ltd.. v. Halph Jlansby, .£•l2 Us. lid., co-ts .1:2 Us.; Wellington PublMiimj Co., Ltd., v. James Buick, £i 12s. o'd., co=t:i m>.; same v. John 11. James, JJS 15s. 9(1.. costs r Ct !K lid.: Ilutehes.on, Wilfon and Co. v. William James Wilson, £H 11?. 9c1., costs ,£1 l.">s. (id.; John Varcco v. Walter Albert Cook, .El ss. fld., costs 5.'.; same v. Joseph H. Lisle, £1 Bs. 2d., costs 55.; Smith and Smith, Ltd., v. Herbsrt Gould, ,£8 (is. Id., costs Jil 3s. 6(1.; J. G. Haine and Co. v. Alfred W. Mitchell, .£;! 14s. 2d., costs 10?.; Elins Joseph Ilvams Y. AVm. Stewart, JCIS 17s. id., costs 4;l 12s. Cd.; Public Trustee- v. Alfred Jnhn Jury, ,£IC, costs .-£1 15s. 6(1.; Ellis and Manton v. V. Harrison and Co., ,£lB ■is. 3d., costs .£1 10s. Gd.; J. Swindalc v. John J. Stack, £2, costs 10s.; A. L. Williams and Co. v. John Ccorabe, £1 15s. 3d., costs 11s.; H. G. Anderson and Co. v. Alexander Lennie, £8 Is., costs £1 3s. Gd.; Public Trustee, as administrator of the estate of John Thomas White, v. Tom Isaac, .£35. costs ,C 2 lls.; Wm. Ryan v. William J. Wilson, .£lO 195., costs £1 Wα. Cd. JUDGMENT SUMMONSES. Frank Roberts was ordered to pay .£1 Us! 3d. to Prouse Bros, and Co., on or before March M, in default three days' imprisonment. Henry Adams was ordered to pay .£8 to Nellie O'Halloraii, on or before March M, 'in default .seven days' imprisonment. E. D. Richards -was ordered to nay £o ss. Bd. to Charles Bunion' Buxton, on or before March 14, in default seven days' imprisonment. | In the case, of Kitto and Grabam r. .Tolm 13. Stenhenson, a claim for .£7 Is. (id., defendant was ordered to nay the amount on or bsfore March 14, in default seven days' imprisonment. Benjamin Bennington was ordered to pay to Ellen Cockayne the sum of .£lO Ss. 6e1., on or before March. 14, in default to undergo 11 days' imprisonment. A'. F. Davics was ordered to pay £i Gs. 6d. to John M. Wilson, on or before March 14, in default seven days' imprisonment. . . George A. Ritson was ordered to pay £" 13s. fld. to John O'SuUivan, on. or before March 11, in default seven days' imprisonment. No orders were made in the following cases: —Mary Ann Bertie v. John Adair, a claim for JJG 1.-\ (id.; Gracefield, Ltd., v. Thomas Henry As'.on, ,£2l 2s. Bd.; John Murray v. Samuel Goode, £7 2s. (id.; Hallenstein 8r05.,, Ltd., v. Leonard Armstrong, .£1 Bs. Gd. JUDGMENT FOR DEFENDANT. The case of Algy Latham v. . Jack Whitmore, a claim for ill 14s. 3d., alleged to be owing for money lent, was decided yesterday. Evidence had been taken at Blenheim and Christchurch, and, after perusing this, the magistrate gave judgment for defendant with costs, £\ Ss. Mr. G. H. Fell apneared for defendant.

(Before Mr. W. G. Eidde'.l, S.M.) XEWSVEXDOR'S CLAIM. Ambrose Jl'Kay, labourer, IGB Willis Street, sued ilia "New Zealand Times" Company, ]jtd., to recover the sum of £'i wages, alleged to be due to defendant for one week lroni February 11 to February 17, in lieu of notice, l'lointiff appeared in person, and Mr. G. Samuel appeared on behalf of tho defendants. In his evidence plaintiff related that.he had been engaged liy defendants on January -1 to sell papers, magazines, etc., on t!ie Wairarapa. train. , Jlis run extendedfrom Wellington to Pahiatna and back, and he was na'd 255. a week and commission on sales-, lie was dismissed with-, out notice on February 11,' and as his average weekly earnings had' been £2, he now claimed that amount in lieu of notice.

in answer to Mr. Samuel, plaintiff stated that on Friday, February 10, he applied to have the Saturday oil' and be replaced for the day. lie promised to go as far as the Summit and back if a man could not be secured in his place. Ho went to-the Summit and back on the Saturday. lie admitted being warned for drunkenness once, but had not been warned for sleeping in.

Mr. Samuel said the defence was that plaintiff hod wilfully disobeyed a lawful order in not going through to Pahiatun on February IJ, and was therefore- liable to dismissal without notice.. His nonfulfilment of tho contract on that day resulted in the takings falling from about ,l'l to Is. id., and, in addition, the business was seriously unset. After evidence had been called on the lines indicated by counsel in opening the defence, the magistrate said that when defendant had asked ■ for leave on the Friday iI. was his duty lo sc? Hint he got proper leave. The onus was on him to .prove that he received-a definite answer. Ho had failed lo prove that, and must therefore be nonsuited. His Worship was, however, not prepared to allow any costs. POLICE CASES. Thomas Belford, for whom Mr. C. R. Dix appeared, pleaded guilty to a charge of being found on premises whero liquor was seized on February 19. Ho was fined 20s. and costs 75., in default 48 hours' imprisonment. Belford was also charged with being found drunk in the Magistrate's Court on Monday afternoon, l-'or this offenco he was convicted and discharged. James M'llicbael was charged with drunkenness and with procuring liquor during the currency of a prohibition order. On account of tho number of previous convictions for drunkenness against accused, ho was declared a habitual inebriate, and. ordered to spend a term of one year in the Inebriates' Home at Rotorua. For the breach of his prohibition order he was convicted and discharged. Peter Chalmers, on a charge of drunkenness, was fined 205., in default seven days' imprisonment.

JUVENILE COURT, Two lads, aged respectively It aud 15 years, wero beforo the magistrate yesterday morning charged with stealing ss. 2d. in money and a watch valued at 7s. (id., the property of Waipuki Smith. Tho theft took place at To Aro Baths. One of the lads was convicted and committed to tho Weroron, Training Farm. Tho other lad was convicted and remanded for sentence until this morning.

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/DOM19110301.2.5

Bibliographic details

Dominion, Volume 4, Issue 1064, 1 March 1911, Page 3

Word Count
1,106

MAGISTRATE'S COURT. Dominion, Volume 4, Issue 1064, 1 March 1911, Page 3

MAGISTRATE'S COURT. Dominion, Volume 4, Issue 1064, 1 March 1911, Page 3

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