MAGISTRATE'S COURT

Dominion, Volume 13, Issue 71, 17 December 1919, Page 12

MAGISTRATE'S COURT

POLICE CASES ' f Theft of a bicycle valued at £5 10s., the property of the Mow Zealand Tyro . Bubbor Company was the nature of tho charge to which a young man pleaded guilty before Mr. B. .Page, S.M., at the Magistrate's Court yesterday. Accused stowed, away on n ship-from America and..went t'o Duncdin. From there ho came to Wellington with a sum of. 3fls., and "when that" Bum was exhausted •ho 'took, the tricycle in order to keep himself. He was unable to do any heavy work, owing to a hulletj in his head, which affected him considerably. The circumstances of the. case were unfortunate, and v His Worship entered a conviction and admitted accused to probation for 12' months. Arrangements are being niado to provide the man with suitable employment. David Albert Goodsir was. remanded to appear on 1 Friday next to answer a charge of failing to provido adequate ; maintenance for his illegitimate child. A young man named John Gould admit't«l "charges of,drunkenness and of wilfully damaging a picket fence in Tarnnaki Street, valued at £S. Gould was represented by Mr. R. Kennedy, who called fvideneo'to show that his client's action was,duo entirely to the effects of. war •service. His Worship took a sympathetic' view of the case, and on. tho . charge of drunkenness made Gould the subject of a prohibition order, and ordered him to mako good tho damage done in respect of the fence. On a charge of theft at Chrlstchurch of a bicyclo valued at £i, the prot perty of some person unknown.' James Taylor was remanded to appear at Christchurch on December 23. For drunkenness, Donald MDonald was fined .53,, and was rondo tho subject of a prohibition order. Two first offenders were leniently dealt with. CIVILMESS • DISPUTE OVER DRAINAGE MATTERS. "" Reserved judgment was delivered by Mr E. Page, S.M., in tho case W. B. Gough, Borough Inspector of. Petone,-v. Mrs. Rebecca Love, a resident of tho ■"• borough. The defendant was the owner pf a dwelling in Petono, and was sorved with a notice to connect the premises with the sewerage system. The direction was.-not complied with. The defence was •"""that tho Municipal Corporations Act, 1903. did not authorise the Potons Council to requiro an owner to do the work set out in the notice; and if the borough had power to require tho work to be „Adono the council, before ordering it, had to consider the circumstances of each dwelling, and could not. in a general 'resolution, order all dwellings in a Hock or street to bo provided with tho sanitary fittings ordered.. \ As regards the first point, tho Magistrate said that tho Miurcip.il Corporations Act was wido enough to cover the work to bo done as required in the present case. In regard to the second point, the'express powers given, under section 216 of that Act were not .modified by sections 51 and 56 of the Public Health' Act, and the powers granted lay the Municipal Coroorations Act. wero exer- ■ cisable even though tho premises might conform to tho requirements of tho Public. Health Act. Respecting the third ? round, evidence had not been ,«dduced o show that tho council had not considered the case of the premises on its merits, but indicated that it had. The defendant would be convicted and fined ■JES, with £2 9s. costs. At the hearing Mr. R. C. Kirk nppenr- >- *d for the prosecution and Mr. Ross for the defendant.. CLAIM FOR COMMISSION. Mr. W. G. Riddell, S.M., delivered .reserved judgment in tho case in which Frederick Charles Hand sued William Sheard for .£137 &?. Gd., balance of commission,'' duo in connection with an exchange of a property nt Newstead for properties at' Wellington on behalf of the defendant. ' After reviewing the evidence, His Worship gave judgment for the plaintiff for the amount claimed, and costs, holding that even though the plaintiff had no written agreement with the defendant aa ' to the' commission payable, he' was tho authorised agent for defendant, and was entitled to his commission; Mr. G. G. GSWatson appeared for ftU -plaintiff, and Mr.J). M. Fiudlay for tho .defendant. : JUDGMENT BY DEFAULT. Judgment for plaintiff bv default was „ given by Mr. W. G. Riddell, S.M., in ' the following ■ undefended cases:—W. Cook v. A. Davis, .£1 10s, 7d., costs ■ 55.; Whiteombo and Tombs, Ltt., v. Mrs. B. / .-P_ai.e( ! son, ,£3 fe, costs 10s.; Plumbers' i 'Union v. Alfred Golden, £\ (is., cost? 15s. fid.; City Milk Supply, Ltd., v. David 9s. 3d., costs 125.; N.O. Auto--3 imntic Bakeries, Ltd., v. Henry James I Stanley, "£1 os. Gd., costs 10?.;' same v. James' Owen 'Bradlcv, .61 fc. 44., costs 75.; P. J. Thomas v. Mrs. H. Howard. £1; costs''s3.; W. W. Martin v. David George Laverick, £2 Its. 2d„ costs 10s.-, T. C. Berrr.v. T. J. O'Reilly, .£l3 18s. 10d.. costs .£2 25.: Earlv Bros., Ltd., v, W. Carroll (Rata Tinatui). MS 155., costs .£2'l9s."; Gcorgo Harold filler v.. Leslie .Tirmcs M'Pikc, ,£O. costs 18s. Gd.; A. B. Breads v. P. 11. Letahford, costs £1 r os. Gd.; J. Jacobus v. J. Brown, .£l2 Ife. 10d., costs £1 10s. Gd.; W, Cook v. Mrs,'CM. F.ngel, .£1 & id., costs 12s. JUDGMENT SUMMONSES.' W. P. Smith was ordered to pay E. C. Chilcott the sum of 15s. Gd. by January 15.. in default 2-1 hours' imprisonment. Walter Lewis Chalklin was ordered to pay G. E. Fownes the sum of £3 17s. by. January 8, in default seven days' im- . prisonment. W. Walker was ordered to pay Kirkcaldio and Stains, Ltd.. ,£1 las. 6d., by January 15, in default 21 hours.' imprisonment. TENEMENT CASES. Laurence M. Grace was ordered to give no possession of a tenement to Mrs. M. W. Anderson by January S, and to pay 13s. costs. ' Kate Henderson was ordered to give' Hp possession of a tenement to Margaret Moriarty by January IG, and to pay costs £1 12s. W. Burhidge, auctioneer, asked tho Court to grant an, order for possession of a tenement occupied by Herbert Stanhridge. and .£ls 15s. balance of rent The defendant deputed tho claim for rent, contending that it had been raised from £% ss. to £1 per week, which he claimed he had not agreed to pay. Mr W. G. Riddoll, S.M., who heard the application, gavo judgment, for tho plaintiff for .£ls 155., less £7 10s. paid into court, and ordered defendant to give up possession by January 7. Mr. E. K. Kirkoaldie appeared for the plaintiff, and Mt. O.'C. Mazengarb for the defondant. BY-LAWCASES "MORE SPEEDING PROSECUTIONS. Mr. E. Page, S.M.. dealt with tlin by-law cases nt tho Magistrate'.-; Court yesterday. Several prosecutions for ex.Trd'rg tho speed limit on tho Ifntt Road vf" heard, and fines woro imposed as follow:—G. Magnus, fined £">, and costs 75.; G. L. Fulton, fined £o; A. M. Williams, fined ,£5; Peter Tullnch, fined £i\ A. Pine, fined M; G. Noblo, fined £1: H. O'Donnhoo, fined A3; A. J. Reynold;, lined .£3: P. B. Benhani, fined 4:3.

For driving a motor-lorn- on the wrong ride of the road, S. W. Moult was ordered to pay court costs. 7s. A fine of 103. was imposed on Thomas Goodie, who permitted his cattle v wander on the highway at Kurori. A charge preferred against Gideon Lamb, taxi driver, of'refusing to take a fare, was dismissed, on the r (roul'd f'nt it was not proved that he had deliberately refused to accent the faro. The fneb? of the case were that the pointsman at the corner of Cnba and Manners Streets received a communication, from the Taranaki Street Policy Station for a taxi at once. 'J'lio pointsman delivered tho message to the defendant, ivho was the first on tho stand in Lover Culm Street. Defendant said that he could not go "just yet." Mr. P. 'it. Putnam appeared 'for the defendant. • - ;. - . For'-failing to drive his vehicle on the eastern : side 'of tho centre tram shelter ill tlio Post Office Square, Clarenjs Ettington was Jll, and costs ;s. Defendant pleaded that he was deltver.ng good? to the f:ei;:lit car depot. A fine of 30i., and costs, was nnpove-J on James Bochson, who rode a niotoroyde on tho footpath on tho Hutt Load.

Mark Bermnn, who drove his motor-car past a stationary tramenr, was iiiiod £!i, and costs.

E. Higgins was convicted and ordered to pay costs amounting to 255. for foiling to nay Ms tram fare. Defendant had over-riudon the section for which he had paid. A charge of failing to produco his tram ticket was preferred against W. G Johnson, who stated that ho had paid his faro but had destroyed his ticket. When another fare was demanded, defendant refused to pay for the. reason, he stated, that the tramway officials wore rudo to him. Defendant was convicted and discharged. T. J. Jenkins, who was represented by Mr. T. C. A. Hislop, pleaded not guilty to a charge of failing to observe tho rule of the road on (he Hutt Head. After hearing tho evidence, tho Magstrato entered a conviction and ordered defendant to pay costs.