MAGISTRATE'S COURT.

Lyttelton Times, Volume CXVII, Issue 17396, 6 February 1917, Page 3

MAGISTRATE'S COURT.

CHRISTCHURCH. | Mr T. A. B. Bailey, S.M., presided at the Magistrate's Court yesterday. William Spindler, charged that on February 3 he had assaulted Charles Findlay so as to cause him actual bodily harm, was remanded till Friday, bail being allowed in the sum of £IOO. Judgment was delivered iii the inter- | pleader case of Dwan Bros. v. A. H. Cock, in which the trustees of Carl's I estate had appeared in support of a prior claim for rent. The Magistrate 1 said that on December 19 the plaintiff recovered judgment against the defendant for the sum of £169, and a warrant of execution was issued to the bailiff at the Magistrate's Court, Christchurchj who entered into possession of the defendant's premises, the Empire Hotel. On the same day the baiiiff was served with a notice from the trustees of Carl's estate who were the landlords, that" a sum of £ 7 o was due by the tenant for rent. Later the trustees distrained for rent) and certain persons who held a sn'.<crtvt? over the furniture on the premiw entered 'into possession under their security. Thus there were thrw ol'm ants to the chattels. It waa agreed th-t the Court bailiff should romatu In vossesaion on behalf of all the parties, allow the business to be carried on, advance money for stock-in-trads», and receive the" proceeds. On January 11 the transfer of the license li'iving been effected, the bailiff was withdrawn. After dealing at some length with the doctrine of " marshalling," the Magistrate said that the landlord had undoubtedly tho prior claim to the cliattels on the prermises. it had been shown that at the timo the bailiff went out of possession there was well over two months' rent duo, which would amount to £l5O. As the amount in the hands of the bailiff was only £75 18s lOd, the whole of that amount was payable to the landlord, and an order was made accordingly, Dwan Bros, to pay the costs of hearing as on a claim of £76. Mr Hobaii, who appeared for Dwan Bros., asked for the right to appeal, and the Magistrate replied that he had that right. • Judgment bv default, with costs was given for the plaintiffs in tho following cases:—Cooper and Duncan, Limited, v ; Alf Jones. £8 9s 6d; Henry Berry and Co. v. John Briden, £3l 5s 6d; T. H. Harker v. George Larcombe and Alice Gertrude Larcombe, £3O; Packer and Jones v.-Thomas A'nnett, £4 17s lid- J P. Phillips and Son v. Alexander Forbes, £1; Robert E. Hall v. J. Sutherland. £lO 8s; Treleavan and (Shirley v. John Cameron. £1 ss; South Waimakariri River Board v. George Larcombe, £l9 ss. Benjamin Perry (Mr Thomas), manager of tho Occidental Hotel, claimed £67 10s from Jones Bros. (Mr Wright) as the proceeds of the sale of a Douglas motor-<i''cle. ' Benjamin Perry, the defendant, said that he called in for " a motor chat, ' and, on being asked how his Douglas machine was going, he replied, in a joke that lie had sold it, and asked the price of the best turn-out in the place for spot cash. After consultation they named £l3O. He then told them that ho had not sold his Douglas, but a buyer was coming in the morning. He asked them if they would allow him £6B on his Douglas in half-payment for the Harley-Davidson outfit. They declined, but offered to sell tho Douglas for the best price they could get. Later Jones Bros. sen,t for the Douglas, and subsequently showed him a £2 deposit on the sale at. £67 10s. He afterwards went round for a catalogue, but as one was not available he asked for a cheque.

Mr Harold Jones replied that he was not entitled to a cheque, as the proceeds of the- Douglas were in part payment for the Harle> 1917 model. Mr Cordery then told om "that if he did not complete his ron-:-:>tcl the firm would keep the mone%. .S« then denied the existence of a contract. To Mr Wright: When Jones showed him the deposit, he asked him to wait nn.t-il the full amount, was paid, and then give him a cheque. The question of commission was nev< r discussed. For the defence, Harold Jones gave evidence that Perry had' .spoken on and off for six months about purchasing a Harley Davidson. and witness bad taken him out and taught him to ride one. On November 27 Perry came into the shop and agreed to buy a Harley conditionally on witne&s selling the Douglas at the lowest at £OS. He sold the cycle for £67 10s, and Perry asked him to place the sum to his credit against the Harley.. Later Perry came to him and asked whe*m> if he got a betteroffer, lie would '»'*: nvld to the purchase of the Hvirtt-y. The offer was declined, >n>d Perry then said he had had advice on the eubj«te. Finally it was agreed to \vri'.<) to "Mi F. Jones, the head of the firm, asKi'-« whether the sale could bo called oft. Perry had discussed the extra price of a speedometer, and also arranged for the firm to take over the machine if he was called up in the ballot. F. M. Cordery, accountant to Jones Bros., gave similar evidence, adding that the firm did not sell secondhand machines on commission and rarely took them in exchange. He also detailed the conversation in which Perry had asked to be released of his bargain. Tho firm was still prepared to carry out the contract. Perry's account was in credit £67 10s. Judgment was given for'the plaintiff, subject to the payment of commission, tho Magistrate holding that there was no proof that the £67 10s 'was a part payment.

LYTTELTON. Mr Fcrrier, J.P., and Mr J. Garrard, J.P.. presided at the Lyttelton Magistrate's Court; yesterday. Lorenzo Young, a coloured man, was charged that, being a restricted immigrant, he did unlawfully land in New Zealand. Mr W, J. Wratt, Collector of Cu&toms, who pr<» sccuted, said that the defendant' reeeiitlv arrived by an overseas steamer at Timaru, and,, was there put through the education test, but failed to pass. He was then put under the restricted immigrant list, but subsequently, when the vessel was about to sail from Lyttelton, the defendant walked off the vessel on the pretext of wishing to see a doctor. Ho disappeared, and the vessel left without him. Later on ho was arrested. The Department asked that the defondant bo sent to prison for a period not exceeding six months, which would give, the necessary time for tho agent of the shipping company concerned to have him shipped away. It was unlikely that the defendant, would be detained for that time. Section 19 of the Immigration Act gave the Court the necessary powers. The defendant himself was liable to a penalty of £IOO. The defendant was convicted and ordered to be detained in prison until arrangements could be made by tho shipping company's agent.

ASHBURTON. Mr W. W. White, J : P.. presided at the Ashburton Magistrate's Court yesterday. Frank Allen was fined 10s. in default forty-eight hours' imprisonment, for drunkenness. *