MAGISTRATE'S COURT

Dominion, Volume 13, Issue 230, 23 June 1920, Page 3

MAGISTRATE'S COURT

CIVIL AND BY-LAW CASES A RATING QUESTION ; . W. 6. Blddell.. S.M., dealt With' .the oml cases at the Magistrate's Court yes,terday. • - Judgment was given for plaintifl in the followinE undefended cases: 0. W. J. : Simpson v. M. E. Webster-Jones. £1 9b. 1(1., costs 175;, : H. A. Bash v. It. Sim, costs only 10s. : Hose. Gibbons Sons and J. B. Olarkson, Ltd., v. H. E. Pctry, '£15 7s. 9d„ costs £1. . In a judgment summonß case H.; • Palmer waa ordered to pay M'Kcnzie's, Ltd., tho Bum of £4 14s. by July 1, or undergo three days' imprisonment. NATIVE LAND DEAL. _ The South Island District Maori Land Board, represented bv Mr. J. Prendevlllo. proceeded against Ilia Horomona, of Waisanao, for whom Mr. C. A. L. Trcudwell appeared, to recovcr the sum of £11 Bs. '6d„ being the amount of purchase money wrongly paid ta the defendant in respect of the sale of Walpuna Native Reserve to Mabel Jane Coop. The -defence was'that it was money paid, and there could be, no relief. Inquiries should have been made before Having the amount over. The defendant, ' believing that she was entitled to some money, innocently applied for the Banie. Apparently she had only p. future Interest, but she could'not liaio known- tha' The Registrar of tho Court had the 'onl information available, and. should have known whofher she was tho proper'person to whom tho money was • payable. . It w-as a mistake in fact, and of the'class ; for which enuity would give ho redress. .- After hearing argument the Magistrate reserved his decision. 1 ' RATES ON A CATHOLIC SCHOOL. ' The Hutt County Council, for .which Mr. T. A. 0. IlVslop appeared. Boug.ht to re- ; cover from Sister Mar.v Doyle, represented .■ by Mr. -6. ~W«twV rates amounting to • £88 10s. in respect of property at Nai Nai. containing approximately 17 acres, which was need aB n nlaylw? p-nnn'' n>"' for growing vegetables, etc., for the children at the school and home erected on the property for the Roman Catholic Church. For the defendant it was clni'ncd th<>» she'was entitled to exemption from rates In view of the provisions of the Rating Act. which exempted, inter alia, land and ■ buildings used for schools not carried on exclusively for pecuniary gain or profit. The evidence showed that the. defendant ! was one of three registered proprietors of 'tlia land which was held in trust for a religious society known as. the Sisters of Mercy. It was pointed out that the . school had been established to meet the reaulremenis .mainly of noor people, who for various.reasonsvcould not provide,a. 'home for., their, children. Only those parents who . were able to pay were'asked to contribute, but a large number of children were boarded and educated free. The ordinary State school, syllabus, was taught. The property, in ouestion.was formerly owned by the late Mr. John Dnthie. ; Counsel for thi plaintiff council asked that the notion should be withdrawn, as it had been brought for tlio purpose; of allaying any suspicion among the residents of the Hutt district that the institution was being illegally allowed to escape taxation. The parties'asked that . the; Court should give a ruling upon the . question.'" • . V The Magistrato held that the evidence called for the defence clearly; established that the institution was conducted..as a school and was not conducted "exclusively for profit," but for the benefit of children whoso parents were in poor circumstance. Judgment was entered for the defendant......... CLAIM FOR. MOTOR. GARAGE RENT. Mrs. Rule, for whom' Mr. Percy Jackson appeared, proceeded arainst A. W.' Boniface, represented by Mr. G. Watson, to recover. £10 17s. 6d. for the use and occunation of a motor garage at Karori. The plaintilt and defendant lived iu the divided portion of a joint house and the dispute, was as to who,was entitled to ■ the use of the parage. " 'After-hearing the .evidence-judgment' was given for the ,- defendant with £2 13s. costs. BREACH OF AN AWARD. . . Mr. B. T..- Bailey. Inspector of Awards, proceeded: against E. F. Richardson, electrician, for-failing to notify tlie' Inspector of Awards of taking on apprentices ; r-i;undero'the^ward,-- ; alBo *for- ? einplpyin%-an-, exces"sive u number of ' apprentices'" "urfder* ; tho Wellington electrical workers' award. 1 . The offences were admitted, and it was stated that immediate steps had been " taken to rectify the matters. A fine.or ..' £2 on each charge was inflicted. ■ . . The Inspector of Awardß also proceeded against'Hill-and Sons, outfitters, for fail-' ing to nay award rates to R. Gower, and . an action was brought' against the latter for accepting less than.the award rate of wages. After hearing evidence the Magistrate fined each. defendant £1. j TENEMENT CASE.-, • ■ Mar.v Page proceeded against Louise Henley to ."ecover possession ■of a tenement. After hearing tho evidence the ' Magistrate (Mr. P. L. Hollings) ordered the defendant to give up possession.' by August 1 and to nay rent and costs totalling £10 19s. ' , BY-LAW CASES. , iir. E. Page, 8.M., dealt with : tho by: '. law cases. ■■ ■' , William P. Cuthbertson was fined 10s. and costs 7s. Jor leaving a motor-car all night in Cable Street without a light. , • For having insufficient lights on their motor-cars, Eric Evans (a taxi driver) was lined ss. and_7s. costs; Albert-Roy Parkin was fined 10s. and 7s. costs; and A. Boni- .. face wib fined 7s, only. • ■ !v - For allowing stock to wander John .F. Bryant waß fined ss. and costs 75.; Ernest T. Christie, 10s. and 7s. costs: Fred Dinsdale, 15s, and Js. costs; Mrß. Mary Feeley, 7s. costs only; G. Flaws, 6s, and 7s. costß: ' Alfred J. Henderson, ss. and 7s. costs; Walter Restieaux (two charges), 10s, and 7s. costs on each charge; Michael Leary. ■ 10b. and 7s. costs; Charles Thomas, 7b: costs; Retinoid Welsby, 7s. costs, and . George Worsmold, 7s. costs. For passing a stationary tram in his ■ motor-car Dr. H. Steele was fined- 20s. and • costs 235. ... .5