MAGISTRATE'S, COURT

Dominion, Volume 9, Issue 2579, 29 September 1915, Page 4

MAGISTRATE'S, COURT

CIVIL BUSINESS A RESERVED JUDGMENT • • G. Riddell, S.M., presided at tho civil sittings of the Magistrate's Court yesterday, when reserved judgment was'delivered in the case of H. A. Shepherd, 'land ageat; of Wellington, v. Mrs. IC. E. Routley, ;of Chr\stchurch: This 'was a claim for. J3ll for commission alleged to be due on. the salo of a section .of.land at Hataitai. Mr. 1 . A. 11. Barne*t appeared for the plaintiff,' whilo' Mr. 'f. Neave appeared for the defendant. The Magistrate, after reviewing tho evidence and the authorities relied on by counsel, tgave judgment for the defendant, irith costs.los„ and solicitor's fee, Is. PLAINTIFF NONSUITED.In the case of A. E. Smith, waterside worker, of Wellington, v. If. C. Morpeth, dentist, of Wellington, the plaintiff claimed to recover the sum of £7 7s. This sum, he said, had been paid to the defendant for an artificial set of teeth, which had been made in such a bad and unworkmanlike manner as to be useless to. tho plaintiff Mr. J. F. W. Dickson appeared for Smith, while Ifr. W. F. Luclde appeared for Morpeth. After hearing the evidence, < tlie Magistrate nonsuited the plaintiff, without 'costs. - ■ CLAIM FOR POSSESSION! A claim, for possession of house and land and for rent, mesue profits and damages (,£9 2s. Bd.) was hear<l, the plaintiff being Frederick Jones, salesman, of Wellington, and the defendant being William Nevill Ward, solicitor, of Wellington. Mr. T. W. Hislop appeared for Jones, while Mr. T. Neave appeared for Ward.". After hearing the evidence on both sides, the Magistrate reserved decison. UNDEFENDED CASES. In the following civil cases, judgment was given for the plaintiffs l>y default:— L. W. Balkiud v. Arthur M'Leod, «£3 4s. 7d., costs 95.; samo v. F. W. Harding, .£ls Os. Gd., costs Bs.; samo v.. Grace .Meade,' .£3 13s. 9d., costs Gs.; same v. Donald M'Niven, .£ll lis., costs 155.; same v. IT. Angus, £1 9s. 10d., costs 55.; same v. W. W. Savage, £2 2s. 3d., costs 55.; Dunbar Sloane v. Sergeant V. E. D. Co'rrigan, £2 lis, costs Jll; Te Aro Furnishiiig Co. v. Felicia Byrne, .£8 3s. lid., costs J!1 3s. Gd. against separate estate; same v. Ada Paterson, iJS I 17s. 3d., costs las. • against separate estato; Wellington Publishing Co., Ltd., v.. F. Keating, J63 lis., costs 10s.; same v. W. Tinney, ~£3 IBs., cos's.los.; W. H. Nash.v. M. Stair-

mand, .£ls 2s. 7d., costs <Z\ 10s. Gd.; E. 6. Dun and Co. v. J. M'Nec, .£lO as., cosls j;i 10s. Cd.; Clias. Be»g and Co., Ltd., v. Claude S. Over and Co., JS 39. Sd., costs ,-Cl ss. Cd.; P. Dayman "and Co. v. liV Weetman, Xsl 2s. Cd., costs .C 3 15s. fid.

POLICE CASES. OFFENSIVE LETTERS, Reserved judgment was given by Mr. D. G. A. Cooper, S.M., in tho ease in which Annie ltndcl, married woman, of JCilbirnie, was charged with sewlin» through tho post a letter containing words of a. grossly offensive character. At the henring, Mr. A. Gray, IC.C., appeared for the complainant (Constable Price, of Kilbirnie), whilo Mr. E. G. Jellicoe appeared for the defendant. Tho Magistrate held that the accused must be convicted, and imposed a fino of *£10, with Conrt costs 75." and solicitor's fee, three guineas. Security for leave to appeal was fixed at .£lO, together with payment of fine and costs. )

MAINTENANCE. ! A novel point of. law was raised in an affiliation case heard befortf Air. D. G„ A. Cooper,. S.M., in the Magistrate's Court yesterday. Some years ago an order had been made against, William Klein, compelling him to contribute to the maintenance of an illegitimate child until the child (a boy) shonlil attain the age of' 11 years. . Sinco the order was made on August 31, 1903, uie child had. attained the age of 14 years, and the orrtw consequently - expired. Another, maintenance order was now sought by the mother on the ground that the la,w of J909 required that maintenance should be provided until illegitimate children attained the ago of 10 years. Mr. A. Dunn appeared in support of tho application, which was opnosed by Mr. E. G. Jellicoo on the ground that the original order had been complied with, and that a further application 'during the present year had "been dismissed on its merits. The Magistrate considered that under Se.otipii.BD of the Act of 1909 lie had power to deal with the application, and lie therefore made an order'for the payment of 7s. Gd. per week, and a sum. of <£3 15s. for past maintenance, and one: guinea for solicitor's fee. Security for leave to appeal was fixed at ■£" 7b..

. ALLEGED THEFT.. Albert Fredk. Green appeareH on itmand charged with theft of goods valued at £2 19s. lid., the property of the Public Works Department. The theft is alleged to havo. taken place at Ward, in theMarlborough district, on July 3. Oil the application of Sub-luspector M'Kinnon, the accused was remanded to appear at Blenheim on October C, bail being allowed in the sum of £2b Jlr. T. Neave appeafed for Green. .. MISCELLANEOUS. A further remand until October G was granted in the case of Sydney Harold Fox, who was 'charged with being drunk' while in charge of a motor-car in Jorvois Quay, on Soptember 20. Mr. P. Levi appeared for the housed. Jessie M'Ewan, who was charged with escaping from the Snlvation Army Home, said that she left beoanso sho was told to go. She was convicted, and ordered to come up. for sentence when, called upon. Three first offenders were also dealt with for drunkenness.