A CARTING CONTRACT. APPEAL DISMISSED.

Evening Post, Volume LXXV, Issue 48, 26 February 1908, Page 8

A CARTING CONTRACT. APPEAL DISMISSED.

Judgment was delivered by Mr. ' Justice Chapman this afternoon in the case of Muntt Cottrill, and Company v. Andrews, an appeal from the decision of Dr.- M'Arthur, S.M., in reference to an agreement between the parties to carry out certain carting work for the City Council. The contention for the appellant was that he was entitled to onefourth of the profits under the agreement irrespective of work done. For the respondent it was alleged that chey had done about twice as much work and received about twice as mucb remuneration. His Honour held that the magistrate had dealt correctly with the common loss sustained in tho shape of costs of an unsuccessful action brought in the common interest. The appeal was dismissed with costs £7 7s, and judgment affirmed. Mr. Dunn appeared for the appellant, David Andrews, and Mr. Mcnteath for the respondents.

It has been noticed that in this district tho irrepressible rabbit has found the dry season more congenial for multiplication of its kind than was thought possible \vhen feed has been so scarce (says the Wairarapa Age). The bush fires have also sent "bunny" out into the open country, and tho settlers are about to .take full advantage of this fact. Poisoning on a very extensive scale is being done on some Holdings, one run-holder, with a ' comparatively small area, having laid 3501b of poisoned grain. _ There are settlers whose properties adjoin bush country now poisoning who have not found it necessary to do 50 for nine or ten years past. The V.M.C.A. in Invercargill is commencing a twenty-one days' membership campaign, and contemplates raising £6000 for a building, says a Press Association telegram. In discharging the jury in tho case of Heber Brown v. Heenan and Fronde, Limited, yesterday, after a sitting which lasted from 10.30 a.m. to 12.30 a.m., with intervals, his Honour Mr. Justice 'Chapman thanked them for their very long attendance, which he explained ! was .unavoidable on account of the pres- , sure of business. As the hearing had i entered on the second day, it would bo only reasonable, ' said hie Honour, to allow the jury two days' expenses. j A concert in support of St. Paul's Sunday School will ba held in the Tinakoriroad churchroom to-morrow night. A i varied programme has been arranged, including some of Wellington's leading musicians. A refusal on the part of a young man named Harold O'Brien to pay a tram faro got him into trouble at tlio Magistrate's Court to-day. It was alleged for the prosecution that the defendant boarded a car at tho Post Office, purchased a penny ticket and rode on the serond section without paying the extra fare. The conductor asked to sco the defendant's ticket, and the defendant produced a two-penny ticket. Finding that the number did not correspond with' his tickets, the conductor asked for another fare but defendant refused to pay. Defendant alleged that he dropped his proper ticket, and, picking up another presented it thinking it would be safe. Dr. M'Arthur, S.M., found the defendant guilty, and imposed a fine of ss, with £1 2r» costs. Mr. Doyle, Corporation Inspector, appeared for tho prosecu- | tion. Geo. Wilson, of the Wellington Dairy Company, was fined 20b, with 7s costs for having allowed two carts to stand in Elizabeth-street. For having suffered refuse to remain on his pre- ! mises in North-street, so an to cause an offensive smell , Samuel Williams was convicted and ordered to pay 7s court costs. The Stonemasons' Union representatives and the representatives of the employers have come to an arrangement which will obviate the necessity of appealing either to the Board of Conciliation or the Arbitration Court. The men aio given an increase of wages, but forego the claim for preference. At tho weekly session of Lodge No. 11, I O G.T , prizes were offered for the best dross and representation of a stieet in Wellington. Sister M. Richards gained first award for the best dress, and Sister Millar first for the street representation. Bros A. B. Thompson and Ryan were the judges, and Bro. Harris acted as umpire. A musical programme was contributed to by Bros. Cooze, Xewbury, Sharpe, and Madigan, and Sifters Staples, Pepper and Lucas. A sentence of six months' imprisonment with hard labour was imposed by Mr. Riddell, S.M., to-day, on a young man named Charles Mack alias Osborne v/ho ivas charged with theft of Jewellery, etc. valued at £6 2s 6d, belonging to Gei-trudo Elizabeth Sunkel. The informant stated tint nhe was a housemaid at tho Manukau Hotel, Onehunga, and th.it sho missrd tho articles from h>r room last November. Mary Jane Bairis, Taranaki-street, Mated that accused stayed at her house on 9th November. Ho ' hold the articles in question to her saying that they belonged to his sister in Oisboinc. Detechie Broberg stated that he told accused that it was, alleged he h.id sold articles to Mrs. Barrie. Tho leply wa.s "I know nothing whatever about it." Accused declared that ho was innocent of the charge ; declined to give evidence on oath; and informed the emit that he had no statement to make. His Worship in passing sentence stipulated that the term should commence .-it the expiration of a sentence of two years' imprisonment accused was now serving. At_Mc-ri!= Halgoty and Co V slook =al£ it Upper Kutt to-mon\jiv an additional A W. Jonot, of Pahaiuanui) will ba tubnutted for sale.