MAGISTERIAL.

Lyttelton Times, Volume CXII, Issue 13574, 21 October 1904, Page 3

MAGISTERIAL.

CHRISTCHUECE. ' Thursday, October 20. (Before Mr W. J. Neale. J.P., and Mr W. Minson, J.P.) Drcxkenness. —Three first offenders were ea-dh fined ss.—lsabella Leckie, who had l been fined for drunkenness two days previously, was again convicted, and she was committed to prison, the warrant to bo suspended provided she could be received into the Samaritan Home- for three months. Wimtti. Damage.—Jobn Bum wa-s fined' • 10s for having wilfully broken two panes of glass, tie property of Emily Stafford, and he was ordered to pay 10s for the damage done. Yagraxcx.—William Shaw, on remand, ■was charged with 'having insufficient lawful visible means of support. The case had been adjourned in order tha.t inquiries could be made at Napier, where the accused- said: he had been working, and Chief-Detective Chrystal now read police reports from Napier" stating that Shaw had been known as a "loafer" in that locality. The Bench, convicted the accused, and sentenced him to three months* imprisonment, A Breach of the Peace.—John Gribble and Wiiliam Auton were charged with behaviour by which a breach of the peace Lad been caused in Colombo Street, the former pleading guilty and the latter not guilty. Constable Weir said that he had Been "the men striking at each other, in the presenc4tf>f a crowd of people in High Street, at skwut 8 p.m. on October 19. Detective Fahey gave evidence that Gribble liad been the aggressor. Gribble was finc-d 10s, and the "information against Auton was dismissed. Dismissed. —Anna Anderson pleaded not *uilty to a charge of having, on October 17, stolen a skirt, the property of Florence Hunt, from the house of Richard Hunt. '' Conflicting evidence was given a.s to the Identity of the garment, and the case.war, dismissed. (Before Mr W. K. Haselden. S.M.I Civil; Cases.—Judgment, by default, was'given'for the plaintiffs for the amounts claimed in the following casss: —-John t - (Mr Bishop) v. Arthur Lilly and ■ George H. Lillv, claim £6 : Ashby, Bergh >nd Co., Limited (Mr Cowiishnw) v. Albert £. Thomas, £8 14s 7d; Bishop and Company (Mr Bishop) v. Albert ThoniaSi £1 4;. A Disputed Contract. —Booth; Macdonald and Company claimed £55 9s from James Gibson for his hire of a- six horsepower oil-engine. George M. Hail, a representative of the company, gave evidence tiafc the engine had been supplied in July, :1903, to the defendant at Te Aroha, Auckland, with a guarantee that it would cut a too of chaff per hour. The defendant had ; signed a hiring contract, - had paid £2l as ia first instalment and had given promissory notes for £139, to be all redeemed within nine months. The engine madte trial runs to the defendant's satisfaction, but subsequently be stated that it was not working well, and asked' the firm to take it off ' ibis hands. Nothing beyond' the first instailment was received and the machine was taken back by the company in December, 1903. The. defendant put in evidence that the engine bad' not worked in accordance •with' the warranty. Mr Rnssell, for the defendant, submitted that the transaction Jiad really been a purchase ; consequently. aa there was no contrast for hire there could lbs no claim for hire. liven if it were up- . held that a, hiring contract had been made the engine had been taien back by the d'eiendlant before th* time stipulated l in the agreement had expired, and he held that this action prevented the plaintiff from 1 fing hire for ajiy portion of the period g which the engine had been used, over, the deien&nfc was entitled to gea ,for the breach of warranty. Mr I

Bruges, for the plaintiff company, contended that, the defendant had signed a hire-and-purcha.se agreement, and the fact thiot he had retained the engine for several months after he had complained about, its working made him responsible for hire. The Magistrate reserved' his decision. LYTTELTON. Thursday, October 20. (Before Captain Marciel, J.P.) Desertion.—James Out ram and William Woodman, quartermasters on tho s.s. Rimutaka, pleaded guilty to a. charge of having deserted from their vessel. Evidence was given, showing that the two men had deserted at the Bluff and at Timaru, arid had been put on bonrd by the police on Wednesday. ■ About one o'clock that morning they again attempted to desert, and wero arrested on Xo. 7 wharf by Constable Wootton, to whom they said that they were only going to see a friend. Each man was sentenced to seven days' imprisonment, and ordered to be put on board the steamer at Wellington, whence she is to leave for London on October 27.