LAW AND POLICE.

New Zealand Herald, Volume XXXII, Issue 9719, 15 January 1895, Page 3

LAW AND POLICE.

- ♦ MAGISTRATE'S COURT.—Monday. [Before Mr. H. W. Northcroft, S.M.] . Craig v. Bishop Luck and others.—This was an action brought by Mr. J. J. Craig, contractor/and merchant, against the Official Assignee in bankruptcy in the -estate of Antonio Martin, formerly of Auckland, and the Right Rev. John Edmund Luck, Roman Catholic Bishop of Auckland, Mr. Cotter appeared for the plaintiff, and Mr. Mahony for the defence. The claim was to recover £100 for materials supplied by the plaintiff to Antonio Martin used in constructing the palace of Bishop Luck. The plaintiff, in pursuance of section 36 of the Magistrates Court Act, 1893, abandoned any excess beyond the sum of £100, and claims to recover the sum of £100 only. There was a case agreed on between the plaintiff and Bishop Luck, which in effect was that it was admitted that plaintiff was a subcontractor and Bishop Luck owner within the meaning of the Workmen's Liens Act, 1892, and ■ that all technical notices had been given. That Antonio Martin was contractor for the building at £2956 .10s, and that £216 12s 6d was allowed for extras, making in all £3173 2a 6d, but less work not done £18 3s lid, leaving £3154 18s 7d as the contract price. That the contractor stopped work aboub the Bth December, 1893, and had then been paid upon the architect's certificates as progress payments of 75 per cent. £2010. That prior to such stoppage plaintiff had delivered the materials claimed for. That en the 15th November Bishop Luck paid the contractor £100 on the contract) price without the knowledge of the architect until after the work was stopped, and that he was not aware of ib when he gave a certificate for £200. That to finish the contract work left uncompleted has cost the Bishop £979 13s 7d, and wages have been properly paid by him to the extent of £63 3s 9d for work done prior to the stoppage. That the building was nob completed until the 31st March, 1893. That notice of the claim of lien by the plaintiff was given on the 21sb December, 1893. That Antonio Martin was made a bankrupt on the Bth January, 1894, upon an act of bankruptcy committed on or aboub the 9th December, 1893. The questions for the opinion of the Court were Was a notice of lien given on the 21st December, 1893, under the said Act given in proper time for items of accountin the plaintiff's particulars of claim delivered prior to the 2lßßof November ? Was the summons issued herein issued in time to protect any Hen of the plaintiff against the defendant, Bishop Luck ? Is the defendant, Bishop Luck, entitled to set off or retain credit for, as against the plaintiff, the Bum of £100 so paid by him to the said Antonio Martin, on the loth day of November, 1893. Is the plaintiff now entitled to recover from the defendant (Bishop Luck) the amount of his lien, charged up to £100, or any parb thereof. The matter in dispute was argued at considerable length by counsel on the several points arising oub of the Workmen's Liens Act, and out of the case itself. " Mr. Mahony's contention was, that to comply with the Act, notice should be giy.en within 30 days of the completion of the work, which, in this case he argued was the delivery of the material, and that proceedings should have been taken within 60 days, and that nob having been done, the Court had no jurisdiction. Mr. Cotter's reply was, that the lien was in regard to the erection of the building, not the delivery of the material, and that an action could not have been brought against) Bishop Luck, as owner, as ib could nob be shown that atthab time Bishop Luck owed Martin a single shilling, and his Worship would not give judgment. He could nob be asked to adjourn the case from time to time, until the cause of action matured; that was on the completion of the building. His Worship said he would take time to look into the cases, and would give notice to counsel when he should deliver judgment.

POLICE COURT.—Monday. [Before Mr. H. W. Northcroft, S.M.)

Drunkenness.—Two men, who, although not first offenders, had nob been before the Court for a long time, were cautioned and discharged. Patrick Sullivan, for a second offence, was fined 40s, or in default four days' imprisonment with hard labour. Assaulting a Constablk. — Thomas Rogers was charged that on the 13th January he unlawfully assaulted William James Finnerty, a police constable, while in the execution of his duty. Mr. Cotter appeared for the accused, and on his application the case was remanded till Wednesday, bail being allowed, in one surety in £10, and accused in a like amount.

Cruelty to Animals.—Edward Follas, on the information of Mr. Redgate, agent for the Society for the Prevention of Cruelty to Animals, was charged with having, on the Bth December, cruelly beaten a horse. There was a second charge against him of over-driving the horse. Defendant did not appear, and the case proceeded in his absence. Mr. Ear, appeared for the society. The horse, Mr. Earl said, was owned by a man named Kelly, who rented it to Follas on the day of the Otahuhu races. The defendant had passengers in his cart, and imbued with the spirit of racing, he passed everything on the road. On the return journey, the horse became completely knocked up, and the accused beat the horse brutally with both unds of the whip in spite 01 the reowabtrances of the passengers, and when the animal «ould go no further, ho took him out of the crap and let him go adrift. Wm. Love deposed to seeing the accused beating the horse, which wa3 quite knocked up. Win. Kelly, the owner of the horse, deposed to the state of the horse when ho strayed home. At this stage the father of the accused, appeared in Courb, and said his son had nob been served with the summons yet. Ho had nob been in the house since the summons was served, and he had gone South. Sergeant Gamble said he could prove that the defendant slept in his father's house two nights after the summons was served. As several witnesses when called were nob in attendance, Mr. Earl asked for an adjournment till Wednesday, and this was granted.