LAW AND POLICE.

New Zealand Herald, Volume XXVI, Issue 9306, 8 March 1889, Page 3

LAW AND POLICE.

R.M. COURT.Thursday.• [Before Dr. Giles, R.M.) Undefended Cases.ln the following undefended cases judgment was given for plaintiffs by default:— M. Alexander v. Esau Gale, £20, costs £2 3s; Union Sash and Boor Company v. Pilkington, £8 8s Id, costs £1 16s; Auckland School Commissioners v. M. Boland, £100, costs £5 14a ; Union Sash and Door Company v. O'Brien and another, £10 18s 6d, costs £2 10s ; Hesketh and Richmond v. Porter and another, £4 13s 6d, costs £1 12s ; Millar and Hardy v. J. J. Cole, £3 12s, costs 7s ; Beaney and Marks v. Vare, £34 14s 6d, costs £3 12s; R. Cook v. Armstrong, £1 16s lid, costs 16s 6d ; Cook v. Gardener, £5 4s 4d, costs £1 lis ; Cook v. J. Ritchie, £1, costs 6s ; T. Steadmanv. J. Hargreaves, 7s 9d, costs 6s; Robert Jones v. J. T. Johns, 12s 6d, costs 6s ; Thomas Scott v. William Hargreaves, £1 7s 6d, costs 6s. Jones v. McNamara and McNamara v. Jones.—Mr. Cotter for Mr. McNamara, and Mr. Mahony for Mr. Jones. The claim in the first instance was for £8, and in . the latter for £50 for, money lent. The cases (cross-action) had already occupied the Court for some time, and His Worship now gave judgment. In giving judgment now, His Worship said there was evidently perjury on either side, but the balance of testimony was against Mr. and Mrs. McNamara. Mr. Cotter consented, after this expression of opinion, to accept a nonsuit, and withdraw the set-off. Judgment was therefore given for plaintiff in the first action, the matter of costs to be arranged between the solicitors. These were fixed at £1 10s in the first action, and £3 16s 6d the second, T. Loneroan v. John Leydon.—This was an action brought by the plaintiff, a tailor, against the defendant, an auctioneer, to recover £4, the value of a suit of clothes. Mr. Beale appeared for the plaintiff and Mr. Cotter for the defence. The defence was that . the clothes were a misfit, and ocular demonstration of this fact being given in Court, the plaintiff accepted a nonsuit, with costs 15s 6d. , Gilmoor v. Saunderson.—Mr. Dewes appeared for the plaintiff, and Mr. Cotter for the defendant. The claim was for £37 for money lent. Mr. Dewes applied to amend the information, as the money was lent in two sums of £30 and £7, and Mr. Cotter asked for an adjournment, as the issue would be material, and His Worship, considering the alteration a material one, granted the adjournment, with costs of the day to be paid by the plaintiff. The costs were £1 Is. J. L. Campbell v. George Loram.—'This was a claim for £36 4s lid. Mr. C. Buddie appeared for the plaintiff, and Mr. Baume for the defence. The claim was for £26 15s 6d for goods sold and delivered, and the remainder for bailment of certain goods. The defendant put in a set-off against the first item. The plaintiff is a brewer and wine and spirit merchant, and the defendant was'licensee of the Clarendon Hotel. A good deal of evidence was taken, but it was of little or no public interest, and after hearing the evidence and statements of counsel. The verdict was in favour of the plaintiff for £26 2s 6d, and costs £4 'ss. POLICE COURT.—Thursday. [Before Messrs. W. Duncan and D. G. MacDonnell, J.P.'s]. Drunkenness.— persons were punished for this offence. Another Juvenile Offender.George Black, a boy of 14 years, pleaded guilty to having assaulted Mrs. Margaret Graydon, by striking her on the arm with a piece of wood. The lad was also charged with having used obscene language in Springstreet, and pleaded not guilty. Mrs. Graydon deposed that on Wednesday accused beat her grandson, because he had called him names. Witness told him that he ought to have complained to the little boy's mother, when Black used obscene language to witness, and struck her with a piece of wood. The mother of the accused was in Court, and said she had control over her boy when he was at home, but she could not be accountable for what he did when he was away, and with other boys. The boy had left school, and was looking for work. Mr. Duncan said that this was a case with which the justices had much difficulty in dealing. In reply to the Bench, Mr. Broham said that this was the first time Black had been before the Court. A sentence of one week's imprisonment was imposed, the boy to be kept separate from other prisoners. Larceny.—Charles Harris was charged with the larceny of a pair of boots, valued at 10s 6d, the property of William White. He pleaded not guilty. The evidence showed that the boots were missed from the shop of Mr. White, in Victoria-street, and were subsequently seen in the possession of prisoner. The Bench imposed a sentence of one month's imprisonment, with hard labour. Breach of By-laws,—William Lamb, for having driven a waggon round the corner of Queen and Durham streets at other than a walking pace, was fined 5s and costs. ■

WAIUKU R.M. COURT. Thursday, February 27. [Before Thos. Jackson, Esq., 11.M.] Tindall v. Clifton.—Claim 2s 6d for rates, Awitu Highway District. No appearance of defendant. The plaintiff stated that the claim had been duly advertised in conformity with the Act. He had complied with the Act. Defendant has never paid rates. Judgment for plaintiff with costs, £ls 4s. Same v. H. T. Dalziel.—Claim 6s 3d for rates, Awitu Highway District. No appearance of defendant. The plaintiff stated that the rates were due on part lot 17, Awitu. He had searched the Registry Office, and found a transfer to Henry Thomas Dalziel. There had never any rates been paid on the land. Defendant or his agent cannot be found. He had complied with the provisions of the Rating Act. Judgment for plaintiff with costs, £1 4s. Same v. Joseph Seymour.— 5s for rates. No appearance of defendant. Similar evidence given. Judgment foxplaintiff with costs, £4 4s. G. Morris v. Haka.—Claim £3 3s 4d. Claim admitted. Mr. Hamlin was sworn as interpreter. The defendant said he was unable to pay the amount, but was willing to pay 5s per month. The plaintiff said that was too little, as he had been out of money for a long time, but would take 10s per month, which he thought was little enough. Judgment for 10s per month and costs. Shillito v. Ohauo.—Claim £27 12s Bd, due to the late Mr. Shillito. The defendant said he was short of money at present, but would certainly pay the whole amount within a year. The plaintiff agreeing to this, judgment went accordingly, costs £3 3s. Same v. Hoop A.—Claim £5 13s 6d. No appearance of defendant. Judgment for plaintiff and costs, £2. Same v. Te Hira.—Claim £5 4s Bd. The defendant admitted the claim, but was unable to pay. Judgment went for . 10s per month, and costs:, £2 6s. Sedgwick v. McMillan.—Adjourned till next Court day. Smith v. Craig. —No appearance. Struck out. Robertson v. Garland.—Claim 18s 6d for saddlery. Claim admitted. Judgment tor amount claimed and costs, £I'lis.— [Own Correspondent.]

HAWERA R.M. COURT. Our Elthain correspondent writes:—A case which excited much interest came before the R.M. at Hawera since I last wrote you. Mr. Calvert, a well-known settler here, and Mr. Chew Chong, proprietor of the Eltham Butter Factory, for milk supplied during a lengthened period, Mr. Chong bringing a counter action for damages on the ground of breach of contract. On the first hearing Mr. Calvert secured a favourable decision in the case in which he was pursued, but in counter action the R.M., after hearing evidence, postponed his decision for a week, when he dismissed the case. Mr. Chong maintained in his evidence that Mr. Calvert had failed to supply milk during the whole period for which he had signed, although in possession of milk, whilst the defender maintained that the fifteen cows which he held from Mr. Chong had all gone dry during the period in which it would have paid Mr" Chong best to receive milk, viz., when butter was dear. The » R.M. failed to find evidence to support Mr. Chong's contention, and accordingly decided as above. The factory, I regret to say, is at present receiving only 'about half the milk it . capable of putting through.