MAGISTRATE'S COURT.

Hawera & Normanby Star, Volume XLVI, Issue 7854, 10 December 1903, Page 2

MAGISTRATE'S COURT.

WEDNESDAY, DECEMBER 9.

(Before Mi H. Eyri Kenny, S.M.)

COURf CASES.

A. G. Brett proceeded against James Kowin, of London, for £25, refund of commission.

Mr Caplen, for the defendant, said the plaint was not in proper form, and therefore the Court had no 'jurisdiction. Hi* Worship said he *voiild reserve the point intil the decision of lhe Supreme Court had been made in an analogous case.. Mr Caplen s*id he would pay the money mto Court, and asked that the case be adjourned. Mr Welsh, for the plaintiff, said this was a deliberate attempt on the part oi' James Kowin to block the case.

Mr Caplen said that was not so. His Worship then suggested that the case should be adjourned until after the decision of the Supreme Court. xhe case was adjourned by the Court until the 20th of January. . Judgment by default. — W. Rowe v. T. Sargeson, claim £1 11s 2d, costs Bs. Bach (Mr Foy) v. W. Woods, claim £8 15s Bd, and costs 27s 6d.

Judgment sammors. — Dixon and Bates v. J. Briggs (Mr Foy), claim £5 10s, ordered to be paid forthwith, in default seven days' imprisonment. J. J. Ross was sued by the Hawera Hospital and Charitable Aid Board for £11 3s 6d. (J. E. Parrington, secretary of the Hawera District Hospital and Charitable Aid Board, said that Mrs Ross, wife of the defendant, was sent to the Wellington Hospital by the Hawera Board, and the Board claimed the cost from the defendant. . Judgment was given for plaintiff for amount claimed, and costs £2 6s. J. Urick sued timga for £5 11s, which it was alleged was obtained by fraud. Hlnga agreed to an 6vdev being made to ue paid forthwith, t but ii was suspended to fall due at the end of January. The fraud or misreprcs3nt&tcon was admitted. Procedure. .His Worship gave judgment in a case, Hartwig v. Brown, heard at Eltham, with reference to costs. Mr Quilliam had applied for costs for rhe defendant up to a timo when the action was discontinued. Mr Crump objected, on the grounds (1) Hiat the costs werj excessive as between solicitor and client ; (2) that costs can only be attached according to scale; (3) and that the Court had no jurisdiction to award costs, as there was no case. His Worship said of coarse no costs as between party and party could b*e allowed, but he disagreed with Mr Crump's second suggestion. The third objection was upheld The correct practice in regard 'to defendant's costs on a discontinuance, as prescrioed by section 111 of the Magistrate's Act, 1893, were then given,- and wiM be found below. His Worship stated that he had conferred with Mr District Judge Kettle, and the same procedure would be followed i.iactict>lly'on the whole of this coast, wLth the exception of J\'ew Plymouth. The procedire will be as follows : — Af ter filing and s« rvihg"' the memorandum of discontinuance a statutory duty is ipso facto thrown on the plaintiff to pay Jflh© costs incurred by the defendant to the date of service. But it is a necessary corollary, that the plaintiff shall be informed as to the amount claimed, and therefore it is incumbent on the defendant to proceed as follows in order to .satisfy Lhe, requirements of tho statute :—: — , 1. On. the receipt of the memorandum of discontinuance, tho defendant should make out a detailed statement of his costs, and serve a copy on the plaintiff, together with a demand for payment .on or before a certain date. 2. If the plaintiff fails to pay on or before the day named, the defendant should file and serve, a notice- of a motion fov an order of the Court- to enter up judg ment for the costs claimed. The notice ,of motion ought to be supported by a suitable affidavit, with a copy of the detailed statement of the costs served on the plaintiff, and of the demand for payment attached thereto as exhibits. 3. The Court hears the motion, and makes such order as in its discretion seems hi. The application and the result is entered into the interlocutory minute book j if a judgment is ordered it is entered in the civil record book. If the defendant is successful he will be entitled to further costs, nofc exceeding two guineas, under section 169 and the last paragraph appendix C, page 14, of the rules. Of course, if . the plaintiff substantially succeeds on the interlocutory application he will be entitled to such costs as the Court may adjudge. POLICE CASES. Bicycle Case. Robert Westfiold was charged on the information of Constable Clarke with riding a bicycle on a footpath. Fined ss. costs 7s. Assault. A young man named Timothy O'Neill was charged with committing an assault on R. Singh on the 3rd of December. Mr Welsh appeared for the defendant, who pleaded not guilty R. Singh, a confectioner in Hav/ora, said that accused came into his shop at 9 o'clock on the 3rd, and went to the back of his shop. Complainant asked him what he was dome, and he answered "Nothing" Defendant was drunk. Complainant aslted him to go out, and he refused. Complainant pushed him quietly out. Accused then turned round and hit him, and also broke a show case. To Mr Welsh: VVitness suspected that accused had come in to steal. Witness was hit once in the mouth. Alfred Elliott said he saw a drunkm man go into the complainants premises, and into the back part. Singh pushed him out, and was stating his grievance to the crowd, lhe accused then struck' at t!«prosecutor, being incited by one of the Crowd. Mr Welsh then withdrew his plea and said in mitigation that the young, fellow made a mistake and went into the wrone shop, intending to go into the Silver Grid He had voluntarily offered to pay all expenses. Accused was fined £1.