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MAGISTRATE'S COURT.

(Before E. H. Carew, Esq., 8.M.)

Judgment was given for plaintiff*, with costs,'in the following undefended pases:— The Ceylon and Indian Tea Association, Limited (for whom Mr Solomon appeared) v. Thomas Fallowfield (of Taieri Beach), claim, £3 3j 4d, for goods supplied (costs, £1 8s) j Line and Co. (for whom Mr Calvert appeared) v. Frederick Sibbald, claim, £3O, on a dishonored promiseory note (costs £3 2s); F. Hyams (for whom Mr A. A. Finch appeared) v. J. Phillips, jun. (of Pderoa), claim, £125 Is Id, for jewellery supplied (costs £4 loj 6d). Hallenstein Bro9. 'and Co. v. David Findlay.—Claim, £2 0s 6d, on a judgment summons.—Mr James appeared for judgment creditor, and His Worship made an order for the payment of the amount still due, with coats 6s, in default forty-eight hours' imprisonment.

The Ceylon and Indian Tea Association, Limited v. C.B. Morris.—Claim, £94 0s 31, on ajudgmentsummons.— Mr Solomon appeared for judgment creditor, and Mr W. MacGregor (for Mr Adams) for judgment debtor. —ln dismissing the summons His Worship said: There is no evidence of means and ability to pay the sum due under the judgment, and therefore there can be no order for imprisonment made. With regard to the application to have the judgment varied eo that it should bo payable in small weekly Eums, the debt is a large one over £IOO and the defendant owes for debts incurre.l for living expenses, and he has a wiie and family to support. Tho Imprisonment for Ddbt Abolition Act was passed, as its name imports, to do away with imprisonment for debt and to substitute imprisonment for debt where there is fraud or something like fraud in not paying a judgment debt. The most that defendant could po33ibly pay would be a few shillings a week, and I think it would be straining the Act to make an order for the paj ment of a few shillings a week cut of the wages in the case of a debt not contracted by fraud. Case dismissed.

F. Hyams v. J. S. Neave.—Claim, £32 Is 101, on a judgment summons.—Mr Solomon appeared for judgment creditor, and Mr W. C. MacGregor for judgment debtor.—An order was made for the payment of the amount in instalments of £lO each, in default six weeks' imprisonment. D. D. Macdonald v. Benjamin Monk.— Claim,"£22 os 3d, for professional services rendered.—This was an application by defendant for a rehearing on the ground that evidence not obtainable at the time of the trial was now forthcoming. Mr Thornton made the application, and tho Hon. John MacGregor opposed it.—After counsel had addressed the Court, His Worship refused the application, with IDs Gd costs to plaintiff (Macdonald). CITI POLICE COURT. (Before Messrs G. L. Denniston and K. Wilson, J.P.s.) Theft of a Suit of Cloth ns.—John Fleming, on remand, was charged with stealing a suit of clothes.—This accused had been remanded from last week for the probation officer's report.—Mr Phillips replied that he had nothing to report but what wa3 good of the accused.—Under the circumstances accused was admitted to probation for three months. (Before Messrs James Brown and George Burgess, J.P.s.) Maintenance. Malcolm liethnne was charged with having, on May 7, failed to provide his wife with adequate means of support.—Mr Hanlon appearsd for accused and asked for a remand till Thursday, the stipendiary magistrate being the only person having jurisdiction in the cuse.—ln reply to the Bench the sergeant said that Bethune had been arrested at Wellington on tl e 9th inst. on board the Waihora as he was leiving for Auckland.—A remand was grfnted, bail being allowed in one surety of £IOO.

Drunkenness.— Simpson Dunn, against whom there had b-.-en no convictions since 1894, was fined 20j, in default seven days' imprisonment. Mary Byrne, «f.o;„a+. ,-iinrn there were five previous'convictions within the space of six months, was sentenced to one month's imprisonment without ihe option of a fine.— John Keefe was fiued 03, or twenty-four hours' imprisonment. One first offender, who did not appear, was fined 0?, or twenty-four hours ; and two other first offenders were convicted and discharged.

William Bill, for drunkenness and resisting the police in tho execution of their duty, wa3 fined y», in default twenty-four hours', on the first charge, and 20s on the second.— Accused was given ona month in which to pay tha fine, Alusceb Bnr.AKiso asd Entering.-• The two Leys Jamta AUxamhr Carman and Ckarkn Lee Javdim were charged on remand with breaking into and entering the premises of JohnHamann and stealing therefrom 3j iu money and 2i in postage stamps.—Mr Solomon, who sppeared for the accused, said that the information as laid was an indictable ope. Their Worships had no power to alter it, but if the police could see their way to so amend the information as to make it one that could be Eummarilv dealt with it would be more satisfactory. "The judges of the Supreme Court had "lately been commenting on the number of trivial offences that had been brought before them.—Chiefdetective O'Brien said he wa3 not prepared to take upon himself the responsibility of_ altering the information, and asked their Worships to hear the information as it stood. —Mr Solomon : Very well; the accused will admit the offence, and simply reserve their defence.—The Chuf Dstcclive, in opening the case, -briefly stated the facts as follow : About the end of last month Mr HamatiD, who had an office in Bond street, near Jetly stieet,. found that the door lock had been tampered with. He got Mr Henry, the locksmith, to put on a new lock. Mr Henry brought alou" duplicate keys, and put these on the (loo? near the safe while he was absent for a little while. The boy Jar.iine was employed in an office next to Hamann's, and was frequently in and out of the latter's efficc. Carman was a chum of Jardine's, and was often at the office with him, and was aho accustomed to go aboutMrHamann's. On the day when the lock was being put on the dcor Carman came in, and, seeing the two keys on the floor, took one of them. This key was'used by Carman and Jardino to enter the office on several occasions at night. They had tried to .force open the safe with a piece of iron and 'a tomahawk, which was kept in the office. They eventually opened the safe by means of the key which they found in a cupboard in the office, and took away 3s in money and 2j worth of postage stamps. Both accused had admitted all the facts.— After evidence had been given the accused were committed fcr trial at the next sittin»s cf the Supreme Court. °

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/ESD18970913.2.19

Bibliographic details

MAGISTRATE'S COURT., Evening Star, Issue 10418, 13 September 1897

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1,119

MAGISTRATE'S COURT. Evening Star, Issue 10418, 13 September 1897

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