MAGISTRATE'S COURT.

Dominion, Volume 6, Issue 1578, 23 October 1912, Page 4

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.M.) BRITIS GAOLED. HIS PLEA OP CONSUMPTION. Interest had been raised this week in the ense of Alfred Uritis, a negro, whose sly-grog shop had been raided by Iho Mount Cook police, by a rather novel plea in mitigation advanced by his solicitor, viz., that he was "dying of consumption." The police raid took place on Sunday, the case was tried on Monday, nnd, yesterday, Mr. \V. G. liiddell, S.M., sentenced Uritis to six weeks' gaol. In imposing this term, tho magistrate staled that, as he had been convicted for the same offence on two previous occations he was liable to n term of imprisonment or to a lino not exewdiug .fijoo It.seemed that Uritis was suffering from

an incurable disease, and he (hci-cforo had to be dealt with in a particular wav. Accordingly, lie (his Worship) would have representations made to the Justice Department, in order to ensure that Ilritis would be properly attended to during bis term of imprisonment. EDE-ABiIKR CASK. Judgment was given by'the magistrate, in Hie case in which Bertha Isde proceeded against Thomas Asher foi arrears of maintenance and for the custody of an illegitimate child. His Worship sn'id that the defendant was still liable for maintenance, but he wns probably entitled to a reduction in the order, for'the plaintiff wns now married, nnd was consequently not, entirely dependent upon him. The child <a boy of eight years) had been brought before (he Court on Monday afternoon, nnd questioned. The plaintiff, liertha tide, claimed thai, as the bov had been living,with the Maoris at Wan'ganui and Pipiriki for some lime past, his schooling was being neglected, mid he was not being properly looked nfler. The defendant, Asher, denied this, bill counsel for the child's mother had brought evidence to show that out of a total of over 100 attendances possible in one quarter, the lioy had only put in about half u dozen. In consequence of this fact alone, his Worship was of opinion that the boy must be taken away from the Maoris. Tho mother would accordingly bo given chargeof him, and she was directed to see that his education was not neglected. His Worship further directed that the boy should be sent; to u hospital for certain necessary medical treatment. Costs amounting to .£.l 3s. would have to bo paid by defendant, Asher.

OTHER POLICE CASES. Rose Frasor and Hazel , Stanley wero charged with importuning, and were each sentenced to ono month's imprisonment. Sarah Hums, who appeared on a similar charge, was remanded until October 25, bail being allowed in the sum of *ClO. CIVIL CASES. COMMISSION AFFAIR. BAKER, LOUDON, AND OTHERS. Argument was heard by Mr. W. G. Riddell, S.M., at the Magistrate's Court yesterday in a case in which Charles Baker,-carrying on a house and land agency business in Wellington, under tho name of Baker Bros., proceeded against iJcrnard Doherty, warehouseman, and Emma I'nnny Lieber, widow, both of Wellington, claiming the sum of £% Bs. i)d. tor commission on the sale of a right,of way of _15ft. frontage to Manners Street to the People's Picture Palnco Theatre Co., lor .«7 10s. In the alternative, plaintiff claimed M 2 10s. a, 3 commission for negotiating a sale to Francis Loudon or 42500 on January tl, 1912, of part of the land above-mentioned, viz., . 10ft, irontagc. Mr. O. Beere appeared for the plaintiff, and Mr. A. M. Snick for tho defendant.

lor, the plaintiff if hail been set forth that in connection villi the purchase bf ft right of way, to give (he necessary fronton* to the People's Picture Palace, a contract for the purchase of certain land suitable for this purpose—the property of Dohcrty and Licber—was completed in August 18 last. It was contend, eil that the completion of this contract was accomplished through plaintiff's negotiations. Baker and Francis Loudon gave evidence respecting the negotiations in regard to selling the property. For the defence it had been contended that Mr. Baker gave to Dohertv three names, viz., T. Bush, draper, Wellingtons J- ,V„ J >l llnl V merchant, Wellingtonj and W. J. Loudon, Sydney, as being direr, tors of tht company, when, nl the time of the sale, there was no company. Mr. Baker said, in the box (hat ho was mistaken in representing to Dohertv that Nathan and Bush were two "of tho directors.

Mr. Salek had entered two nonsuit ppints, which his Worship agreed to reserve. One of the points was that tho sale note held by Loudon was not sufficient evidence within the meaning of the statute of frauds, and tho other was that Baker at the time of the sale made wilful misrepresentations of fads. In evidence Doherty had said Ilia); Unker was selling land without his instructions, fitis Worship re-served hia decision.UNDEFENDED CASES. Judgment was awarded plaintiff in the following undefended cases- heard before Dr. M'Arthur, S.M.:-George Doughty and Co. v. James M'Taniney, ,£2l 13s, Bd., costs £2 145.; Rosenberg and. Co. v. Ihonias Matthews, J!8, costs Bs.; George Doughty and Co. v..C. Robertsoni and Son, .£62 17s. 2d., costs £i Is. 6d.; C. Robertson and Co. v. D. O'Leary, Bs. JOd., costsi 55.; J. E. Butler, Ltd., y. Francis P. Wilkie, £W 7s. 6d., costs £1 10s. Gd.; Bunny and Ayson v. Win. White, £1 Hs. 4d., costs 55.; Thomas Merrall and Fred Jarvis v. Eliza J. Baillic, £2 15s. 4d., costs 75.; Hopper and Harrison v. Alexander Murchie, £29 15s. 3d,, costs £2 145.; H. Kahn v. Mrs. Alfred Olsen, ,£3 Gs. 9d., costs 10s.; Watkins, Tyer, and Tolan v. .Tames l r rnscr, £1 2s. 6d., costs 55.; E. Norton and Co, v. Frank Burke, £2 155., costs 10s,

JUDGMENT SUMMONSES. P. J. Flemming was ordered to pay J. M'Uraith and Co., „ClO 7s. 3d;, in instalments of 10s. per month. F. Andrews wns ordered to pay Eobt. G. Denton ,£l7 Is. Gd., in instalments of ss. per week.