MAGISTERIAL.

Lyttelton Times, Volume LXXII, Issue 8903, 20 September 1889, Page 3

MAGISTERIAL.

CHEISTCHUECH. Thursday, Sept. 19. (Before E. Beetham, Esq, E.M.) Illegally on Premises.— Donald Killie was charged with being illegally on the premises of Mr John Watt, Chester street Fire Brigade station. It appeared that the accused made his way to the back of the station about two o’clock in the morning, and had effected an entrance and lay down in a room. When questioned, he said he thought he was in an hotel. In answer to the Bench accused said he was an hotelkeeper, out of business, and bid just arrived by the Jubilee from Melbourne. He had come to have a look at the country, and knew he was the worae for liquor last night. His Worship cautioned accused, and discharged him. Destitute Persons’ Act.— The affiliation case of Dora Greenfell and Daniel Eoach was adjourned till Sept. 21.—Josiah M'Clintock, against Joseph and Alexander M'Clintock, was postponed to Sept 26. Civil Cases. —W." Kossiter v. T. Williams, claim £7 13a 10d; judgment for plaintiff by default.—Sarah V.E. Wiggins v. A. Wilson, claim JC3 13s; judgment for plaintiff by default.—W. W. Prebble v. J. Greenslade, claim <£2B 12s 7d; adjourned to Sept. 26.—W. G. Holloway v. Thomas Davis, claim £5 10s 6d; judgment for plaintiff for amount of claim and costs. —P. S. Whithair and Co. v. F. L. Eobson, claim £4, 9s Id; adjourned to Sept. 26. Clifford, Lawson and Loughnan v. Charles Jarvis, claim .£10; judgment for plaintiffs by default.—Henry Eayner v. H. Young, claim .£2 Ids 6d ; judgment for plaintiff by default.—Cecil Louisson v. E. M. Morten, claim .£4l 9s. Mr Stringer for plaintiff j Mr G. Harper for defendant. Plaintiff, an hotelkeeper, and lessee of the Hereford Hotel, sued defendant, the owner of the property, for half the costs of an arbitration, which was entered into to anange matters between plaintiff and defendant for a new lease of the hotel. Plaintiff took a lease of the hotel in November, 1887, for three years, with an agreement in the lease that he, if he wished to retain possession of the premises for a further term, should five at least six months' notice of is desire to do so. This was done, and the arbitrators appointed were Mr Shand for plaintiff, Mr Matson for defendant, with Mr Barns as umpire. The arbitrators disagreed and the award was made by the umpire. The total costs amounted to £B2 18s, of which plaintiff claimed that defendant should pay £4l 9a, or one half. Mr Harper, for defendant, called no evidence, but pointed out that the lease stated that the expenses of the new lease must be paid by the leasee, who might be granted if the necessary conditions were fulfilled at “ the coat of the lessee in all respects” a further lease for seven years, at a rental to be decided upon by arbitration. He admitted that there was nothing said about the costs of the arbitration in the lease, but it was clearly stated that the renewal was to be at the “ coat of the lessee in all respects.” He quoted “ Wood fall on Landlord v. Tenant,” folio 195, on law appiicabie to the case. Mr Springer contended that when the lease was drawn it was not understood that tiie clause making the lessee responsible for costa included costs of arbitration; that this clause governed the costs of the r* ue.val of the lease only, and could not be hold to govern costs of arbitration. He sia'ed that the law of arbitration was that each party should pay its own coats. Judgment was reserved. AM FM3 BLEY. Thursday, Sept. 19. fflefore J. lanes and W. S. Smith, Esqa.) K Civil CASE.-Kemp v. Mrs Lewis, claim £7 1 la Gd for arrears of rent. Defendant admitted the debt, but said that she was in receipt of charitable aid. and unable to pay. J ud g meat for plaintiff with costs. ASHBUETON. Thursday, Sept. {‘before C. A. Wray, Esq,, 8.M., and D. Thomas and E. Alcorn, Esqa.) Lauckht.— A lad named David fourteen years of age, was seat to l£ohi«

marama School, near Auckland, having been convicted of stealing a sum of money from the house of Jester Chalmers. The Sergeant said it was no use sending the boy to Burnham, and the Kohimaruina School was chosen in preference with cue view of not subjecting the boy to association with hardened criminals.

Stray Cattle, —Edward Higgins was cautioned against allowing bis cows to stray on the public roads. Laucbnt. —Samuel Thompson was sentenced to two mouths’ imprisonment for having, in the most impudent manner possible taken away a range from an empty house. Toe accused’s counsel wished the charge reduced, so that the accused could plead guilty. The Bench after hearing the prosecution and ;he evidence on its behalf, declined to accede to this request, found Thompson guilty as already stated and imposed the sentence quoted. Civil Cases. —Bull v, Jcphson and Moore, claim £l4 10a, for native flax supplied to defendants ; £6 13s had been paid into Court. Thecase bad been partly heard at a previous hearing. Judgment was now given, after, a farther hearing, for .£2 6s 6J and costs, in addition to the amount paid into Court.—Rooney v. Burton, claim .£33. This case was heard at some length, and was somewhat intricate, but the further hearing was adjourned until next Court day. Several unimportant cases were decided in plaintiffs’ favour in the absence of defendants.