MAGISTRATE’S COURT.

Pelorus Guardian and Miners' Advocate., Volume 30, Issue 19, 8 March 1918, Page 4

MAGISTRATE’S COURT.

The monthly sitting of the Magistrate’s Court was held on Wednesday, before Mr F. O’B. Loughnan, S.M, EVASION OF STAMP DUTY. Edward Coppins (Timatanga) was charged, on four different occasions, of having given receipts for amounts of over £2 without affixing the stomp duty. Sergt. Kelly prosecuted on*Behalf of the police. Defendant admitted the offence, and stated that he had not made a practice of it, and it was done without the knowledge of his employers. He was convicted and fined 10s on each of three charges, with costs totalling 21s, and ordered to pay costs on the fourth charge, amounting to £l. CLAIM FOE RENT. A. W. Simmouds claimed from C. A 'Court Opie the sum of £2O balance of rent of property near Havelock. Plaintiff stated that the property was owned by Mr Pickering and rented by his mother (Mrs Simmonds) up to end of 1917. He (plaintiff) then let it to Dempsey, who relet it to either Tregenza or Opie. Part of the rent had been paid by Opie. Defendant stated that Tregenza, who had been working for him, had given him authority to pay £lO on his behalf off rent of the property. He had no subsequent authority from Tregenza to pay any further sums, and he had told plaintiff so. He also told plaintiff that his claim was against Dempsey. His Worship said in the first place the premises did not belong to the plaintiff, therefore the proper person to sue was Mrs Simmcnds. In the second place Mrs Simmonds could not sue as Dempsey holds the property. In the third place Dempsey could not sue the defendant, because it was a conditional guarantee he had given and not an absolute guarantee, and he believed his statement of the case. There was no contract between Tregenza and Mrs Simmonds. If any contract existed it was between Mrs Simmonds and Dempsey. Therefore judgment must be for defendant. Defendant did not claim costs.