LAW AND POLICE.

New Zealand Herald, Volume XLII, Issue 12859, 6 May 1905, Page 7

LAW AND POLICE.

MAGISTRATES COURT.

A sitting of the Magistrate's Court was held before Mr. C. O. Kettle, S.M., yesterday.■A. Shipping Case: Argument was taken in the case of the Shaw, Savill, and Albion Company (Mr. Blair) v. the- master of the barque Ganymede (Mr. Mays), wherein the plaintiff company claimed £4- 17s 3d damages, a.', the result of a collision between the Ganymede and. the- plaintiffs' liner, the Delphic. After stating that the collision occurred through the master of the tug Durham having disobeyed the. orders of the defendant, Mr. Mays "submitted that the- master of the Ganymede could not be liable, as in ordering the maste of the Durham to proceed astern, whereas he continued forward, he acted right and properly. This was not a case in which the liability of master and servant came in, and lie thought that the. plaintiff should have joined the tug owners in the suit with the defendant. Mr. Blair having | replied, the magistrate held that as the tug was the agent of the. tow, as admitted, the , maste was therefore liable, and he. gave ; judgment, for plaintiff?, with costs. Alleged Breath of Contract: In the case of William Sauford (Mr. Newton) v. Leonard Marshall, a claim for £73 13s 6d, Mr. Bauiue, on behalf of the defendant, applied for a nonsuit, upon the ground that as the amount claimed was for breach of covenant covering three separate leases of "Tine Grove," Epsom, the plaintiff should have instituted three separate actions. As tho plaintiff had not done this, ho had not produced any evidence as to the damages incurred upon the three separate dates. There war,-no evidence before the Court. Mr. Newton, in reply, contended that bis ease held good, asunder the convenants the defendant, had agreed to keep the premises and grounds in as good order and condition as at the beginning of his lease. In delivering judgment, tho magistrate upheld Mr. Baumc's contentions. Upon the first lease, extending from November, 1901, to December, 1903, the plaintiff, lie said, had a cause of action, and the same applied to the ether two leases. No evidence, however, had been given as to the losses and damages sustained upon these three dates, and he whs therefore unable to ascertain the damages to which the plaintiff, from the evidence, was evidently entitled.* He therefore nonsuited the plaintiff, with costs. fie suggested that the defendant should allow the plaintiff to amend his action, so that the case could be at once reheard. Mr. Baume, while pointing out that His Worship had not heart': the defendant's witnesses, who, he said, would put a totally different light upon the ease, said that the cast* would probably be settled between tho parties. A Baker and His Assistant: A claim for £2 It's as wages, duo from April 8 to April 15, and for £2 10s as a week's wages in lieu of notice, was bade by J. McGovern against W. Soreusen, baker, of Newmarket. Mr. hundon appeared for the plaintiff, and Mr. Beale for the defendant, who put in a, counter claim for £2 12s 6d, as: the value of goods alleged to have been damaged by the plaintiff while in his employ. After hearing the evidence, which he said was very contradictory, Mr. Kettle gave judgment for plaintiff for" £2 10s and costs.

POLICE COURT NEWS. Yesterday's sitting of the 'Police Court was held before Mr. K. W. Dyer, S.M. Drunkenness: Henry Johnston, who pleaded guilty to a second offence, was fined 20s and cost,?, or in default seven days' imprisonment. A first offender, who was out on bail and did'not appear, was ordered to forfeit the amount of bail, £1. Two first offenders were fined 7s bd and' costs and 5s and costs respectively, in default 24- hours' imprisonment. 6 Leaving :i Vehicle Unattended: Patrick Mullampy pleaded nor, guilty to a charge of leaving a horse unattended in Mackelviestreet. Air. Lundou, win appeared for the defendant, said they were, charged' under a city by-law, but Maokelvie-street was not in the city, bill in Grey Lynn. The eye was dismissed.

Charge of Theft : Douglas Loekhart pleaded guilty to charges of stealing two overcoats, value £5, the property of Carroll Walker and Ralph .Stewart, on April 28. lie -aid he had to lake the coats to get something to cat. Ms lie was starving. On lit; first charge the magistrate convicted Lookhart, mid fined him £3, or a month'-, imprisonment, and a similar penalty on the second charge, the sentences to run concurrently. 111-treating a Horse: Frank St swart AleDonald pleaded guilty to a charge of cruelly ill-treating a horse by working if with broken knees. A fine of £3, and costs £1 lCs, in default one month's imprisonment, was imposed. A. fortnight was allowed in which to pay the fine. Unregistered Dogs: .lame- Speight. Henry William Hood, Hernall 1... Behguist, and Edward George Clark, were each fined 10s and cost* for failing to register their dogs. i