LAW AND POLICE.

New Zealand Herald, Volume XXXIX, Issue 11950, 26 April 1902, Page 7

LAW AND POLICE.

MAGISTRATE'S COURT.-Fhidat. , (Before Mr. H. W. Brabant, S.M.) Judgiip,nt Orders: Orders for payments were made in the following instances:—.John Burns and Co. v. Thomas H. Wellington, claim £3 Bs, order made for payment to the clerk of the Court within one month, in dofault 14- days" imprisonment; George (leach '-'■ William Brewer, claim £1 10s, ordered to pay lbs within 14 days, in default seven days' imprisonment. Liability of a Seed Merchant: His Worship gave judgment in the case of James Wallace, farmer, of Papatoetoe, v. A. H. Grainger seed merchant, of Queen-street, Auckland. The facta of the case were before the Court recently, when the plaintiff in his statement of claim set forth that in October of last year he had purchased from defendant 12 bushels of oat seed, purporting to be Tartarian oats, whereas it had subsequently been discovered that they were the Danish oat seed. As Tartarian oats were the only variety that could have been profitably sown at Papatoetoe so late in the season, plaintiff had suffered damages to the extent of £10 through having been supplied with the wrong article, and sought to recovet that amount. For the defence it was alleged that by custom and the conditions printed on defendant's invoices ho gave no warrant as to the quality of the seed sold. The question the Court had to decide was as to whether under the circumstances plaintiff was entitled to recover the amount claimed, and His Worship, in giving- judgment, said the law relating to' the sale of goods was codified by the Act of 1895, section 15 of which was as follows:—-"Where there is a contract for the sale of goods by description there is an implied condition that the goods shall correspond with the description, and if the sale bo by sample as well as by description it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not correspond with the description." To escape liability the defendant would have to show that there was an express condition on his contract with the plaintiff inconsistent with the condition implied by the Act. This had not been done, and he (His Worship) thought further that thero was some slight evidence of negligence on the part of the defendant in not having taken special precautions to distinguish between Tartarian and Danish oat seed in the store, as the evidence had gone to show tint from appearance it was impossible to tell the difference between the two. On the whole, defendant had failed to satisfy him that the plaintiff was aware when the contract was made that ho was buying the oats on tho express condition as printed on the invoice form produced—no facsimile of which Had apparently reached him with the goods— it seemed that a seed merchant contending for such a condition should be more careful to bring i». under the notice of the buyer. Judgment was then entered for the plaintiff for the amount claimed, with costs. Mr. Brcokfield appeared for the plaintiff and Mr. -McGregor for defendant.

POLICE COURT.— (Before Mr. T. Hutchison. S.M.) Drunkenness: Three first-offenders were convicted and discharged, and a fourth, who pleaded not guilty, and refused to consent to an order being made for payment of costs, was fined 10s, or the usual alternative of imprisonment. Kate McManus, for a third offence within six months, was fined 10s, or in default 48 hours' imprisonment, [and also 48 hours' imprisonment for using' obscene language in Durham-street West. Patrick Lynch, who pleaded guilty to a second offence within six months, was fined sa, or in default 24 hours' imprisonment. Prohibited Persons and Prohibition Orders: Moses Koball, for being found on licensed premises (Thames Hotel) during the currency of a prohibition order, was fined 40s, with the alternative of 14 days' imprisonment. Prohibition orders ' were granted against George William Wilcox and Benjamin Beeby. Cyclist Fined: Vernon Armer, who pleaded guilty to riding a bicycle in Karangahape Road after sunset without a light, was fined 5s and costs.

Alleged Damage to Property: Five little boys, named respectively Harold, Ernest, and William Goodenough, Oscar Swanson, and Fred. Gotham, pleaded not guilty to the charge of having damaged timber and other material, etc., to tho extent of £1 10s, the property of Montgomery Dilly, cabinetmaker, Freeman's Bay. The evidence- went to show that, the lads had been playing in complainant's yard when tho damage was said to have been (-one. The parents of the children consenting to pay the. amount of damages. His Worship discharged the accused. Dismissed: Mary Ann Rout pleaded "guilty to the charge of receiving into her licensed home four infants, whereas the license only provided for three. Tho facts of this case were before the Court some time'back, when an adjournment was granted in order to allow of tho facts being placed before the Commissioner, as a conviction would necessitate the cancelling of defendant's license. This was now handed to His Worship, who on perusal dismissed the case under section 37 of the Justices of Peace Act, which allows the Bench to dismiss a case if it is found that the offence had been committed, but was of such a trvial nature as not to require conviction and punishment. Mr. C. Buddie appeared for the accused.

Adjourned: On the application of Mr. Martin the hearing of the charge against Walter Lewis, who, it is alleged, wilfully obstructed Constable John Irwin in the execution of his fluty on March 29,' was adjourned till May 2, defendant (on the application of Sub-Inspector Mitchell) paying the costs of adjournment. A Schoolmaster's Troubles: Two boys, named John Hawkes and James Bibbs, were charged with using insulting words towards Charles Carter, master 01 the Napier-street public school. Mr. J. R. Reed appeared for the accused and pleaded not guilty. Giving evidence for the prosecution, Mr. Carter stated that calling « boy from his scat in a classroom abutting on Napier-street during, school hours one cf (he defendants called out to the lad from the street, saying, ".Don't go." Witness went oat and asked the lads to go away, and alter hesitating a little they went. Ilis Worship said he could not see that two boys standing outside the playground, . and inciting other boys to disobey their master, could be considered guilty of using insulting language, and accordingly dismissed the information'.