MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1147, 7 June 1911, Page 8

MAGISTRATE'S COURT.

(Before Dr. A. M'Arlhur, S.M.) CLAIMED-NOT EARNED. A , CASK FOR COMMISSION. Herbert James Baker, land agent, of Wellington, mic.l Annie Cilodhill, married woman, ul Wellington, to recover tlie .sum of J&S commission, alleged lo have boon due io Lukf ..M'Ciaiin for effecting an <:x----chaiige uf properties. The commis-ion was nssignctl by JX'Gann to William Aubi'cy, iiml siibscriuently Ijy Aubrej to plaiiiHlV. Mr. Fair appeared for plaintiff, and 11 r. E. Ci. Jellicoe for defendant. At the outset, Mr. Jellicoe contended that plaiiuiiV eould not go on with Die pre.H'iit action, as (liere had .been a previous judgment of the same Court on the fame matter between the s-ame parties. It was true that plaintiff had been restrained from issuing execution on the judgment by a writ of prohibition obtained in tlie Supreme Court, which had ordered him to pay -£6 6". costs, but the judgment had not been vacated. Counsel,"however, would consent to tho judgment being set aside if his friend would agree (o pay into Court the co=ts that had been ordered by the Supreme Court. Mr. Fair was not prepared to give an undertaking to that eii'ect, and Mr. Jellicoe said that he would withdraw his oiler, and rely on the point which he had raised. The previous judgment of this Court, ho said, had not been vacated be-c.au.-c (ho costs ordered by the Supremo Court had not been paid, and the judgment remained gcod for all purposes except for enforcement in this Court. The magistrate upheld the point raised by Mr. Jellicoe, whereupon Mr. Fair agree'd to pay %S 6s. into Court, and to have the previous judgment vacated. "IJatber late," remarked Mr. Jelhcce, but he agreed to accept the offer, and the case was then proceeded with. Mr. Fair then called evidence by W. G. Somerrille, solicitor, of DanncvirliP, William Aubrey, and the plaintiff, H. J. Baker. At the conclusion of plaintiffs case, Mr. Jellicoe submitted that , the case must stand or fall on the question of employment or non-employment by defendant. The evidence colled by plninfiff showed that defendant had never employed M'Gann, and that Miercforo the case must fail. The magistrate agreed. If Jt'Gann had been employed by someone the terms of agreement had never been carried out, slid he had never earned commission. Judgment would be for defendant, without costs. CLAIM AND COL'NTEE-CLAIM. Yesterday there was further hearing of (ho civil 'case in which G. 11. Jackson and Co., oil and colour merchants, 2 Cuba Street, sued Henry North, wire-mat-tress manufacturer, of Little Taranaki Street, to recover the sum of £~ 55., alleged fo be due as. balance of an account for painting and papering in connection wiih a residence at Norton Terrace, Ivilbirnio. Defendant counter-claimed for jr-30 10s., alleging that he had suflered damage to that extent in connection with (he contract for pr.tnling and papering carried out by plaintiff. Mr. D. Jackson appeared for plaintiff, and M.r. F. G. Lol(dn for defendant. AVhen the evidence for the plaintiff had been concluded iir. ISolton applied for a non-suit, on tho following grounds:—(l) That plaintiff took the risk of weather conditions; (2) that he took the risk of the timber being wet; (3) that thero was no evidence that, the timber was green; (■!) that plaintiff had fully compensated for everything he had dov.e; and (5) that he had not fully nerfnrmed the contract and v.-ns net entitled to recover. Decision on'tho non-suit points was reserved and, as the evidence for the defpuce line! not concluded yesterday morning, a further adjournment was granted until to-morrow afternoon. BEEACII.ES OF AWARDS.

Richard Alfred Bolland, Inspector cf Award?, .proceeded against several defendants for breaches of different awards. .Tames W. Chapman-Taylor was fined £1 and costs 35., for a breach of the carpenters' and joiners' award, in failing to pay an employee weekly. Henry Jlartin Davis was lined £1 for a breach" of the carpenters' and joiners award in engaging n non-unionist' and failing to notify tho Inspector of Factories- thereof. William Wilson, who employed a nonunionist when there were competent unionists available, was held to be guilty of a breach of the Wellington Building Trades Labourers' Award, and was fined 10.=. For a similar breach W. 31. Wilson was fined iOs., and costs 2s. George Eodgers, tailor, was fined ,£1 for a breach of tlie tailors' award in employing two weekly wngo hands, without employing the necessary number of pieceworkers. He was also fined ,C 1 for a breach of the award, in deducting from tho wages of an employee. Mr. J. J. Jf'Grath appeared, for defendant. George Thomas Pawson and Douglas King, who had been'employed by tho previous defendant, were fined 10s. each, the former for accepting work at weekly wages when tho necessary number of pieceworkers were not engaged,. and tho latter for failing to claim payment for lost time. UNDEFENDED CASES. Judgment by default was given for plaintiffs in tho following undefended cases:—Wm. Hendry v. Harold J. Stiller, £5 155., costs £2 3s. Cd.; Preston and Co. v. 31. Penney, 18s., costs 95.; Dresden Piano Co. v. Albert AVestern, .£3B 10=. Sd., costs £2 195.; Maria Dalcom v. William Dalley, «£0 35., costs £1 .as. 6d.; Gco. B. Exley v. Arthur E. Dcnham, .£76 10.=. 10d., M Bs. 3d.; Morris Fnihauf v. J. M'Carthy, .E4, costs 10s.; AVellington City Council v. Noroh J. Ryan. .£3 2s. 10d., costs Ds.; United Farmers' Co-op. Association, Ltd., v. Harold Greville. -.£2O Gs. Sd.,' costs-.£2 Us.; H. W. Mtiddox and Co. v. Pilchcr aud Allan, ,15 Us. 9d., costs oCI 3s. Gd.; A. and T. Burr, Ltd., v. Nixon aud Grant, Jill 19s. Bd., costs £1 10s. Gd.; Bolton-and Organ v. Joseph 13. Harlen, .£l6 lls., costs .£1 12s. Gd.; Van Stavereu Bros. v. John W. Thompson, ,£ll 35., costs 155.; C. W. Price v. Ellen Cockayne, £2 95., costs 10s.; Kodak (Australasia), Ltd., v. Wil.lium Inglis, lls.. Id., costs SI 3s. 6d.; Bannatyne and Hunter v. J. F. O'Eonrke, ".■ew 18s. 3d., costs £1 Us.; 11. Oscar Hcwett and Co., Ltd., v. Nellie Smith, &i b=., costs 10s.; same v. James Bentley, 10s., costs £1 3s. 6d. JUDGMENT SUMMONSES. Sydney Huxley was ordered to pay £i 9>. to W. Miles in weekly instalments of 2s. Gd. No order was made in the following cases:—Empire Loan and Discount Co., Ltd., v. E. Cameron, a claim for o£7 Is.; Charles Jones v. Ernest.. Craig, £0 17s. Kid.: Michael M'Grath v. John Bradley, £3 ISs. ' CLAIM FOR WAGES. (Before Mr. W. G. Biddell, S.M.) Herbert Mann, chauffeur, of Wellington, claimed «£5 from Thomas Patrick Lyons, motor-car owner, of Wellington, for one week's wages alleged to be due' from April 7 to April 11, 1911, at .£2 10s. per week, and one week's wages from April U to April 21 in lku of notice. Defendant counter-clainied for £7 Sβ., alleging that that sum «as due by plaintiff to defendant, and made up as follows: —£i Ss. for taking care of a car for the plaintiff at his request and garage, room for 1G weeks at 3s. per week, .£3 as damages suffered by defendant through plaintiff absenting himself from work, and £Z alleged to have been received by the plaintiff as takings on behalf of Iho defendant. Mr. C. E. Dix appeared for the plaintiff, and Mr. H. L. Machell for the defendant. After hearing a portion of tho evidence, I ho magistrate adjourned tho case until to-morrow. POLICE CASES.. MONEY' NOT ACCOUNTED FOR. Two able-bodied men, named Henry James Mathewson and Alfred Henry Unite, appeared in the dock together. The former was charged that, nn December 2. al Wellington, having received tlie yum nf Sd. in lerins requiring him In account for same lo Ernest Loughton he had failed to do so, thereby coalmining theft. Uatte was charged

with ;i similar offence, the amount involved being .£1 Vii. (id. Both accused pleaded Riiilly. Chici-Di-tp'.livo Broborg stated that the men had born employed as canvassers and collectors for Hie Colonial Mutual Life Asisuranra Company, of which llr. Burns was manager. Tho moneys consisted of sums collected as premiums, lint not paid in. Both accused left 'Wellington on D-.H'omber 2, and were arrested in the. ll.irtiiiborough district, where, they had been engaged in scrub-cutting. Mr. 11. V. O'T.enr.v. on behalf of accused, suggested that they should be convicted, and ordered lo coino up for senfrncp v.'hen called on. "When they loft AVcllington they had no money. They had walked to Teathers.ton, token this contract for scrub-cutting, ami li:ul been working I here ever hih'p. They were (|\iite willing to refund the moneys (lint luiil lint hern accounted for. His Worship said thai, as the accused had bneii plnred in a position of (rust, the oiTenco caiild not be allowed to pass without a penalty, but n "right one would suffice. Each would lie fined .X' 2, and ordered lo refund the amounts mentioned in the charges, in default seven days' imprisonment. TROUBLE AT THE TERMINUS. As a result of some trouble at the Terminus Hotel on JrJ&ulay, an elderly man, named Martin Mannix, appeared before Ihe magistrate yesterday, to answer the following charges:—(l) Assaulting James PremUrgast; (2) wilfully damaging four mugs" valued at Is. Id., the property of David Sullivan; (3) making use of improper language; (-1) refusing to, quit the Terminus Hotel when requested to do so by a servant of tho licensee. Accused pleaded guilty to the charges of wilful damage and lo making use of improper language, but not guilty to the other charges. From the evidence tendered by James Prondergast, it appeared that accused had, some time ago, given him a sum of money to hold from Saturday til! Monday. The money had been returned to accused, but, on Monday last, he returned to the. hotel, and asserted that PronderSast had retained JS, and had struck him (Prendergast) with his stick. He had been ordered off the premises, but had refused to quil, and tho police were called in to arrest him. Corroborative evidence as to tho assault and refusing to quit was forthcoming, and convictions were recorded. (In the charge of using improper language, accused was fined .£3, with the option of 21 days' imprisonment. For the assault he was fined !os., and, for refusing to quit the premises, he was fined 205., and witnesses' expenses Bs., the alternative being seven, days' imprisonment in each of these two cases. In connection with the chargo of wilful damage, he was ordered tq pay Is. 4d., the value of the broken mugs. THEFT OF AN OVERCOAT. David Brogmus, against whom there, were 27 previous convictions, pleaded guilty to a charge of stealing an overcoat valued at .£3 10s., the property of E. N. Casey. Chief-Detective Broberg stated that accused had only como out of gaol on Saturday last. The overcoat had been, taken from an office in the Labour Department's buildings, and had been sold to a second-hand dealer for ss. A sentence of three months' imprisonment was imposed, the coat to be returned to the owner oil payment of ss, to the second-band dealer. OTHER CASES. A man, named John Garratt, who had but recently served a sentence of six months' imprisonment for indecency, was sentenced to twelve months' imprisonment for a similar offence. George Harlcy was sentenced to 21 days' imprisonment on a charge of drunkenness, a prohibition order to issue against him. The same accused received a seutenco of 21 days' imprisonment on a charge of indecency, the sentence to run concurrently with the first. . A young man, named Frederick Gardiner, admitted having used improper language in Taranaki Street, and was fined £i,. in default fourteen days', im-. prisonment. John Byrne, who pleaded guilty to a charge of drunkenness, was declared a habitual inebriate, and was sentenced to 21 days' imprisonment, a prohibition order to issue against him. Two firstofi'ending inebriates were convicted and discharged.