MAGISTRATE’S COURT

New Zealand Times, Volume XXXVI, Issue 8187, 31 July 1912, Page 9

MAGISTRATE’S COURT

TUESDAY, JULY 30. (Before Mr W. G. Riddell, ?.M.) REFRACTORY SEAMEN. Thomas Curme and Charles Holden, members oi tue crew of the Rotorua, pleaded guilty to assaulting Andrew Johns ion. an engineer oi the. vessel, and to using obscene language on the Glasgow wharf. It appeared that about 7 p.m. on Monday accused waited in the shadow of a shod on the Glasgow wharf and when Johnston came along they belaboured him, one of the men using a very solid stick in the process. Mr M. Myers, who appeared for the owners of the Rotorua, submitted that an exemplary punishment should be imposed. The accused were a source of trouble on the ship and the officers were afraid that if they were allowed to return Home on the ship serious trouble would ariso. Each man was sentenced to twenty-one days’ Imprisonment on the first charge, and were each fined AOs, with solicitor’s fee JGI Is, in default seven days’, on the second. Mr Myers considered that the sentence was no punishment, as the men, not being imprisoned for more than a month, could be placed on board the vessel. Counsel asked that an order should fit made that the prisoners should not be returned to the ship. Sub-Inspector Sheehan pointed out that this could not be done, as the Commissioner of Police had power bo order the men to bo placed on board. DESERTER SENTENCED,

John Nash appeared for sentence on a charge of deserting from the Remueru in April, and was sentenced to fourteen days’ imprisonment. PAWNBROKER’S LICENSE. Abraham Barsht was granted an application for a pawnbroker's license. CIVIL MATTERS. (Before Dr A. McArthur, S.M.) DISPUTE OVER COVENANT.

Reserved judgment was given by Dr McArthur in tue case in which Mrs Maria VVeitzel, of Petono, prooeeiieu against Emma Ostler and the Levin borough Council, claiming JUOO damages for an alleged hi each of a covenm: h to allow her to remove certain buildings on a section at Levin. The Levin borough Council were joined as parties on the question as to whether Mrs Ostler could claim an indemnity against It for damages which the plaintiff might recover fioin her. This point will be argued next week. Application was made on behalf of the plaintiff to the Levin Borough Council, before the expiration of the lease, for permission to remove all buildings then on the land. This permission was refused. More than a year ■ after the leaso had expired the buildings were put up for sale for removal and were sold tor £25.. The plaintiff did not ten--kr, and stated in evidence that she knew ...ithing of tenders being, called. In considering the evidence his Worship could not but think that the witnesses on behalf of the plaintiff had very much over-estimated the damages sustained by the,plaintiff in being deprived of her buildings. They were very old and in his opinion could not have been used to the great advantage attempted to be shown by those witnesses, otherwise why should the buildings have sold for .£25? Still he thought that something could have been gained by rebuilding on removal. His Worship assessed the total damages at X’4s. and gave judgment for plaintiff against Mrs Ostler tor that amount; At the hearing Mr T. C. A. Hislop appeared for plaintiff, Mr A. R. Atkinson for Mrs Ostler, and Mr A. Fair for the Levin Borough Council.

UNDEFENDED CASES. Judgment by default • was given for plaintiff in the following undefended cases :

Howard Spackman v. Prank Morton, £2 10s, costs Ss; • • Felix Black v. James Blewman, 10s 'Gd; costs ss; H. Kahn (trading as Le Marche) y. Reginald Leslie Vail, 16s 3d, costa ssj VV. J, Grey and Son y. Francis John MoCalman, All 14s . 2d, costs 6s j' Ellen Miriam Hillier (executrix of the estate of Sarah Ann Hillier) v. Arvid Enil Ekstedt, JOB 6s, costs £1 3s 6d; W. Dimock and Co., Ltd., v. Ballinger Bros. (Hastings), £l3'/ 9s Bd, costs .£8 8a Gd; Charles George Rhimes . v. Uma Taipua, .£l6 12s lid, costs £2 0s 6d; J. T. Horn (as assignee of Dr P. P. McEvedy) v. Samuel Rudd, 10s 6d, costa 8s; Samuel Thomas v. James Bradshaw, £5 10s, costs £1 5s Gd; H. Oscar Hewett and Co., Ltd. (in liquidation), v; Robert A. Lynne, £2. 15a, costs 10s; William Isaac and Bona v. Edith Upham, £5 lie 10d, costs £1 3s Gd; Joosten and Murie v. W. De Renzy, £1 15s, costs ss; Le Grove and Lawrence Co., Ltd., v. Whyte Bros., £2, costs 10s; J. T. Horn (as assignee of Dr Hogg) v. William Cooke,. £1 2s Gd, costs 6s. , JUDGMENT SUMMONSES. George McGregor was ordered to pay Frederick Leo Fitzgerald and Albert George Page the sum of .£29 0s Bd, on or before August 13th, in default fourteen days. J. Fernandes was ordered to pay Arthur Gyles and Stanley Gyles, trading as A.. Gyles and Son. the sum of .£3 12s Gd, on or before August 13th, in the alternative three days’ imprisonment.