LAW AND POLICE.

New Zealand Herald, Volume XXXIV, Issue 10413, 10 April 1897, Page 3

LAW AND POLICE.

MAGISTRATE'S COURT.-Fmdat. [Before Mr. Thomas Hutchison, S.M.] Judgment SoMJioxsES.-His Worship mad* orders as under in judgment summonses ■ called on :-J. M. Jefferson (Mr. Burton) v. .: A. A. S. Maxwell, claim £12 Os 6d, ordered to pay the amount due forthwith ; W. J. Cooke (Mr. Burton) v. C. Robiou, claim £1 ; sj, ordered to pay the balance due (las) .s, forthwith; John Lumpkin (Mr. Burton) t. | Mrs. M. Saunder3, claim £7 8s sd, ordered to -. pay the balance due (£2 18s sd) forthwith; ■] J. H. Pcobert v. F. McGee, claim £3 111 } 6d, ordered to pay forthwith; H. H. H»yi (Mr. Stewart) v. J. St. Clair, claim £3 83 6d, ordered to pay forthwith: Hesketh and Aitkeu (Mr. Burton) v. E. Laurence, claim • £17 4s Cd, ordered to pay forthwith. % .yi i As Interpleader Case.—ln the action .;. i T. and H. Cooke v. G. B. Planto Edward ,| J Lawson, of Ponsouby, tobacconist, entered .y; lan interpleader summons claiming certain ■ ;;;i goods and chattels taken in execution under '■■:- process issuing out of the Magistrate's Court, ' - : y tit Auckland, in the above-named action. '''..■; Mr. Neumegen appeared for the claimant, % and Mr. Parr for the execution creditors. •- 5 In his evidence claimant said he purchased .<- the stock-in-trade of the defendant Plant*- ■ through Messrs. H. E. Partridge and Co,, to whom Piante owed money. He owned thi ■ goods claimed, and they were in his possession when taken. Mr. Hay, town traveller (or Partridge and Co., stated that he had asked Piante for a settlement of his account several times, and the latter told . \ him to eell the business if it could be done. : Mr. Plume subsequently left Auckland, and Lawsou became the purchaser, Messrs, White and H. E. Partridge also gave evidence. W. H. Cooke was the only witness called by Mr. Parr. Planto owed the firm of T. and H. Cooke lor two barbers' chairs, and judgment was obtained in the Magistrates Court for the amount. Mr. Parr . contended that the conversation between Mr. Hay and Mr. Plaute did not constitute an authority in accordance with section 23 of the Sale of Goods Act, 1596. His Worship reviewed the evidence at length, and said there was no precise form given bj any Aot by which an owner gave an agenl authority to iell. He had to hold that the authority Riven to Mr. Hay was sufficiently express. Judgment was given for the claimant with costs. 1 Edward Doss asd Michael Fury v. W. P. GOTUEBIDGE.— £65 under an agreement entered into between the plaintiffs as owners of the Great Pukewhau special claim, and the owners of the Miowera special claim. Mr. Earl, who appeared for defendant, contended that the Court had no jurisdiction in the matter, and said it should go before the Warden's Court. He further applied to have seven uame3 (owners of the Miowera claim), joined as defendants, and if that were done, agreed to withdraw his first objection. Mr. Palmer, who appeared for plaintiffs, consented to the joining of the fresh defendants, and the case was then adjourned to the 29th April. POLICE COUP.T.-Fkiday. Before Messrs, 11. Ikes George and Win. Earlt J.P/s.l Drunkenness.—David Clerry and Joseph Barcley, first offenders, were fined ss, in default, 24 hours' imprisonment. Alexander McDonald was Sued 103, with the option of seven days. Illegally on Premises.— O'Brien was charged that, on Aprii 6, he was found without lawful exeuso on the premises of John Simpson, in Hobson-strcet. Mi. Napier appeared ou behalf of the accused. Sergeant Clarke stated that there was auother charge against the accused (on which he had been, remanded till now) of breaking and entering the premises of John Simpson, with intent ■ ' to commit a felony. As there was reason to believe that the man had entered the house while too drunk to know what he was doing, and that he had no criminal intention, the police would offer no evideuce.ou this charge, and it would be struck out. The reduced charge of being illegally on the premises was then dealt with. Evidence showed that the man had entered the house of Mr. Simpson at about four o'clock on the morning of April 6, by raising the kitchen window. The ownjr, hearing a noise, came into the kitchen and found the accused. A conviction was iecorded, aud the accused was cautioned and discharged. Dog Registration Act.— charges against George Baker for breaches of the above Act were struck out, there being no appearance of the defendant. By-laws. —John Herringtou, cabdriver, was fined 10s, with costs, for leaving his cab unattended in a public place. For driving after dark without lights on his vehicle he was fined 40s, with costs, their Worships remarking that this was a serious offence. William Moar was lined 10s, with costs, foi leaving his cab unattended. In these case: Mr. Gregory conducted the prosecution on behalf of the City Council. ' ' ' Alleged Threatening Behaviour. — James Stewart was charged that on March 24 he used threatening behavionr in Portstreet. As the defendant did not appear the summons was enlarged. Alleged Breaking and Entering.— George Brackenbeny was charged that ot April 1 he broke and entered the premises of Wallace J. Massey, in Custom-street, and stole therefrom tools of the' total value of 28s 6d, the property of W. J. Massey. Sergeant Clarke asked for a remand, as all the pro* perty stolen by the accused has not yet been recovered. A remand was granted till April 24th.