MAGISTRATE'S COURT.

New Zealand Mail, Issue 1211, 17 May 1895, Page 33

MAGISTRATE'S COURT.

Messrs J. Young and G. H. Harbroe, Justices, dealt with civil cases in their jurisdiction at the Magistrate’s Court on the 9th. Judgment for plaintiffs was given in the following civil cases : —Cook and Gray v. H. Taylor, £2 16s, costs 11s; same v. Frank Rumsey, £7 5s lid, costs <£l 5s 6d; D.I.C. v. C. A. Newman, <£2 Is Id, costs 6s ; W. R. Cook v. A. McColl, for 6s costs; Empire Loan Co. v. J. Swindalo and W. Cuthbertson, ,£1 10s, costs 10s; W. R. Cook v. J. B. Russell, <£l 16s, costs 11s; W. C. Gasquoine v. H: Davenport, £3 4s, costs 11s; W. R. Cook v. J. C. Vincent, £2 19s 6d, costs 11s; Townsend and Paul v. M. Pukehi, £4 2s 7d, costs 19s; W. C. Gasquoine v. T. J. Lambert, <£l 6s Bd, costs 6s; Gear Meat Co. v. J. F. Buller, ,£6 Is Id, costs 10s; D. Garbes v. A. Hare, <£3 3s, costs 16s; W. R. Cook v. J. Curtis, £5 Os sd, costs .£1 5s 6d; G. Bradley v. H. Pearce, £2 10s, costs 6s. In the judgment summons case of R. J. McKenzie v. D. Prime, defendant was ordered to pay <£lo 10s 5d at the rate of 2s 6d per week. An interesting case came before Mr Martin, S.M., on the 9th, in an interpleader issue to try the question whether the Commercial Trust and Loan Company, of Wellington, were entitled to certain horses and plant seized under an execution for <£Bo in 1 an action brought by H. McGuire against C. S. Greaves, of Owen street, Newtown. Mr Skerrett appeared for the execution creditor and Mr Jellicoe for the claimant. It appeared that Greaves had given a bill-of-sale over his horses and plant to the Commercial Trust and Loan Company, and in that bill-of-sale he was described as ‘ c of Wellington, dairyman,” while the j affidavit filed in the Court verifying the j execution of the bill-of-sale described him ! as “of Newtown, dairyman,” and there [ was no reference in the bill-of-sale to the i locality where the plant and horses were '

situated on the date of the execution of the document. Mr @kerrett contended tl atthe bill-of-sale could not- compass the live stock in consequence of the omission as to the locality. Mr Jellicoe urged that the omission of “ Wellington ”in the affidavit or of “Newtown” in the bill-of-Bale was not intended or calculated to deceive, and did not in fact deceive, and it was there - fore not invalid, and that the onus of proof was upon the execution creditor. He argued that the bill-of-sale was valid, and that the Chattels Securities Act did not require the locality to be stated. His ■Worship said he -would take time to consider his decision.

A curious point was raised in a case before Mr Martin, S.M., in the Magistrate's Court yesterday week. The claim was* one for £8 3s brought by the Evening -Press Newspaper Company against W. J. Lankshear, stationer, Lambton quay. Tli« summons was issued by Mr J. S. Bell, soli - citor for the plaintiffs, and the defendant, filed a counter-claim for £7 2s 6d, and paid the difference into Court. At the close- of' ' the plaintiffs’ case Mr Dean, solicitor for the defendant, moved for a nonsuit upota ’ i the ground that Mr Bell had not produced any authority from the plaintiff Company to sue, the plaintiffs being an incorporated, body. His Worship in giving judgment intimated that the proper course i&v Mr Lankshear to have taken would have been on receipt of the summons to have enquired if the Evening Press Company were suing him, and if not he could have called the manager into Court and proved that that was so. He was quite positive if the defendant wished to take any steps he must do so immediately hw received notiee of the action, and until the plaintiffs’ case was closed befpre he raised the point. Judgment was given for the plaintiff Company for =£3 3s 6d,' iiicluding costs. Mr Martin, S.M., dealt with those case.* at the Magistrate’s Court on the 9th which did not come within the jurisdiction o'l Justices. In judgment summonses orders were made as follow : —C. A. Annison v. Ivor James, defendant ordered to pay £2' * 13s 6d within seven days, or to go to ga*d for two months. Mr Poynton appeared fothe defendant. Briscoe, Mac Neil and C< . v. Wm. Cooper, defendant ordered to pay <£46 4s 2d forthwith, or to go to gaol f«w two months, the order to be suspended e<» long as 10s a week is paid. Same v. D. L - Mackay, defendant ordered to pay £23 11 S 2d forthwith, order to be suspended if £K> is paid on the 23rd instant and <£2 ever / month thereafter ; in default, one month s imprisonment. Mr Baldwin appeared for Messrs Briscoe, Mac Neil and Co. in both cases. In the following defended cases HU Worship gave judgment for plaintiff in equity, and ordered each of the parties to pay his own costs:—G. W. Smart v. J. G. Lusty, claim <£l7 11s, judgment for £4 13 2d ; same v. W. Walsh, claim <£ls 10s, judgment for <£9 Is 9d ; same v. M, A. Robinson, claim £25 14s, judgment for £l2 9s lOd.

At the Magistrate’s Court on Friday, before Mr Martin, S.M., Margaret Robinson was fined 10s, or 48 hours in default, for drunkenness, and for a similar offence Mary Wakeham was fined 40s, with the alternative of a week in gaol. John Ce ;il Pascoe was ordered to pay 30s a month towards the support of his children. G. Santi, for whom Mr Gray appeared, was charged on remand with failing to maintain his wife and children. As proceedings have been instituted by the defendant against his v ife for divorce, His Worship adjourned the case till the 20th June. The adjourned case Hering v. Hering, in which Mrs Hering sought an order, for.

maintenance against her husband, Was before Mr Martin, S.M., on Friday afternoon. Dr Findlay, in opening the case for the defendant, submitted that no order could be made for maintenance against Mr Hering while the complainant admitted she had .£SOO in her possession. lie further stated that Hering was an Oxford graduate, and his means of livelihood was that of a tutor. He would, if not interfered with, earn a good living, but h is marriage had been a most unhappy one, and Mrs Hering’s persistent molestation had paralysed ail his efforts. After the evidence of the defendant had been given —which, in accordance with a suggestion from the Bench, was confined to his means —Dr Findlay asked that the case be adjourned for some months to give defendant time to get employment, on the under- ! standing that Mrs Hering was not to interfere with her husband. His Worship, after some discussion, agreed to adjourn the case for three months, the defendant undertaking not to leave Wellington in tli© meantime. Judgment was given by Mr Martin, S.M., in the Magistrate’s Court on Saturday in tlm interpleader case in which th e question was raised as to whether tlm Commercial Trust and Loan Company, < f Wellington, were entitled to certain horses and plant seized under an execution Kr £BO, in an action brought by Hugh M iG uire against C. S. Greaves, of Owe a street, Newtown. The question raised by Mr Skerrett, who appeared for Greave s was that his description in a bill-of-sale Ijj had given to the Company as “of Wellington, dairyman,” and m the affidavit as “ of Newtown, dairyman,” was not sufficient, and that the bill-of-sale was therefore invalid and could not compass the live stock. His Worship ruled against this, and expressed the opinion that the description was sufficient. He therefore gave judgment for the Trust and Loan Company (for whom Mr Jellicoe appearec), with costs. Mr Martin, S.M., presided at Saturday's sitting of the Magistrate’s Court. Four first offending drunkards were fined 5s each, and a frequent visitor to the Cou rt named John Burke O’Brien was fined 4us, or seven days’ imprisonment in default. A young half-caste named Thomas Ta Puni pleaded guilty to a charge of stealing 20s from the shop of T. J. Leighton, Pefcone. Mr Young appeared for the parents of the accused, and asked that

the boy should be sent to the Nelson Industrial School. His Worship remanded the case until Monday. In the Magistrate’s Court on Saturday Henry Loudon, Alfred Mildenliall and John Stannard, of Johnson ville, were summoned at the instance of Mr Felix O’Neil, of the local school committee, for failing to send their children to school. Defendants pleaded that they were ignorant of the requirements of the Act. His Worship said it rested with parents to make themselves acquainted with the Education Act. He ordered defendants to see that their children attended school six times a 'week at least, morning and after-noon-being reckoned as separate attendances. If they again appeared before him the maximum fine provided by the Act would be enforced. If children were ill for any length of time the duty of their parents was to obtain exemption from the 'school committee. A woman named Bella Williams was fined 10s, with the alternative of 48 hours in gaol, --for drunkenness, at the Mount Cook Police Station on Monday morning. The Stipendiary Magistrate on Monday ordered prohibition orders to issue against Thomas Stewart and James Jeffreys. Both orders will be in force for twelve months, and will apply to Wellington and suburbs. Mr Martin, S.M., presided at Monday’s sitting of the Magistrate’s Court. Four first offending drunkards were fined the usual amount. John Burke O’Brien, an old offender, was sent to pi-ison for seven days in default of paying a fine of 40s, and Archibald McAlister and John Rickman were fined 10s each, with the alternative of 48 hours in gaol. Thomas Freeman was convicted-and ordered to pay 7s costs for being the occupier of a house in Taranaki street, the chimney of which caught fire. Janies Gifford was fined ss, with 11s costs, for, boarding a train at the Government Railway Station whilst it was in motion. Thomas F. A. Barton was ordered to pay 8s a week towards the support of his wife and child. Mr Wilford appeared for the complainant, and Mr M. Richmond for the defendant. Robert M. Clark, who did not appear, was sentenced to one month’s hard labour for failing to comply with an order of the Court for the support of his mother. Thomas Te Puni, charged on remand with stealing <£l, the property of T. J. Leighton, at Petone, was committed to St. Mary’s Industrial School, Nelson.

A boy named Lewis Naylor was charged in the Magistrate’s Court on Monday with stealing <£l 4s, the property of D. McEwen, at Petone on Wednesday afternoon last. McEwen was engaged in a football match, and left his clothes in the shed. A boy named Thomas Te Puni stated that defendant took the money out of McE wen’s trousers pocket, but in cross-examination he admitted that he had been previously convicted of theft. McEwen also stated that Te Puni told him it was he who took the money. Mr Martin, S.M., dismissed the case.

A plumber’s assistant named Patrick Carrig appeared in the Magistrate’s Court on Monday to answer a charge of theft. A ccused was engaged on some work at the residence of Mr A. Tregear, and while there took two gold rings and one set of studs, valued at <£2l, from a room. He pleaded guilty, and on the application of Mr Skerrett he was remanded until the 20th inst. for the Probation Officer’s report, bail being fixed at two sureties of *£lo each.

At the Magistrate’s Court at Napier on Monday morning, Arthur Newman, a remittance, man, was charged with having attempted suicide at the Provincial Hotel, and was ordered to pay costs, and bound over to keep the peace. The case excited considerable attention, owing to Bamford, another remittance man, having died of excessive drinking at the same hotel a few days ago. Auckland, May 10. People are not generally aware that there is a law in force respecting the employment of children in licensed theatres ; but a case heard at Whangarei, before Mr R. S. Bush, S.M., has brought this fact into prominence. Donald Dinnie, the wellknown athlete, who is at present touring the North with a variety company, was charged under section 5, sub-section 6, of the Children’s Protection Act, 1890, with allowing his daughter, under 10 years of age, to take part in a performance at which prices of admission were charged. Mr Bush imposed a fine of <£s with costs, or in default fourteen days’ imprisonment.