MAGISTRATES COURT.

Manawatu Times, Volume LXV, Issue 1902, 23 April 1913, Page 7

MAGISTRATES COURT.

(Before Mr Page, S.M.) Judgment for plaintiffs in the following undefended eases Collinson and Cunningliame v. Hare Rakena £lB 2s 9d, costs £2 7s; E. S. Pees v. Tai Heketa, claim £9 ss, costs £1 Os; C. H. Usmar v. A. E. Fletcher claim £2, costs 10s; Henrj Couper v. Tlios. Allen £4 14s 3d, costs lis; Garner and Garner v. J. Driscoll £2 lis 2d, costs lis; D. H. Rait v. H. O. Barnett £2 2b, costs 10s; H. L. Young v. E. H. Claridge £1 19s 6d, costs ss. JUDGMENT SUMMONS. Hallenstein Bros. v. Mananui Te Ra claim £6'l9s fid. Ordered to pay £2 per month in default seven days' imprisonment. J. Betfc and Bayley v. Thos. Allen claim £l6 12s 6d. Ordered to pay £1 per montn in default 14 days' imprisonment. Dustins, Ltd. (Mr Cooper) v. Wirihaina Hunia and Imia Te Rangi, of Parewanui (Mr Oram), claim £22 10s for damage sustained to a tent lent in connection with native Christmas festivities. A DAMAGED TENT.

Mr Dustin stated that the tent was in good order when lent to the natives and when returned was torn and otherwise damaged. The rental charged for the tent was £45. Mr Moffitt (Interpreter) stated that he ordered the tent for Wirihaina from plaintiffs. He considered that £45 was an excessive rental for the tent, but as the natives agreed to pay it he had no say in the matter. Mr Oram applied for a non-suit on the grounds that the plaintiffs had failed to produce evidence to show any particular acts of negligence. No evidence had been brought to . show that the damage was not sustained by natural causes. His Worship would not grant the nonsuit as he considered there were grounds to suppose that defendants had been negligent. gFor ihe defence, Wirihaina Hunia stated the tent was up about two and a half week-! and one rough windy night the tent sustained the damage. Rain also flooded the inside of the tent and gave it a muddy appearance. He considered £45 an excessive charge, bTit he was unable to get another tent at the time. When the tent was damaged the natives took it down to prevent further destruction and the festivities were then broken up. Imia Te Rangi said they had got to the end of the meeting, and that was why the tent was taken down. His Worship held there was no claim against Imia Te Rangi, as he was not on the native committee. It was clear to his Worship that reasonable care had not been taken of the tent, therefore damages amounting to £l2 10s would be allowed against Wirihaina Hunia and costs £4 lis. MOTOR CAR POINT. D. McNair (Mr Moore) v. R. Drummond (Mr Cooper), claim £2 for damages to a motor car by striking matches on the back thereof. The defendant denied that he ever struck a match against the car as he did not smoke or carry matches. The Magistrate, after hearing evidence for plaintiff, said the real question was one of identity. He was satisfied that defendant struck tne matches. Judgment would be entered for the amount claimed, with osts £2 10s.