MAGISTRATE'S COURT.

Pukekohe & Waiuku Times, Volume 1, Issue 24, 21 August 1912, Page 4

MAGISTRATE'S COURT.

Franklin Circuit. Mr. E. Rawson has been appointed relieving S.M. for three months to this district: Probably Mr Rawson, who comes, incidentally, from the West Coast, will be stationed permanently in this circuit. The writer can personally speak of Mr Rawsou's unfailing courtesy, and His Worship has an established reputation for soundnoss in law. Pakakura. Tuesday, August <i About a Bindek. Au echo of a case of twelve months ago was heard. In that hearing Andrew Casey suod Ralph Holland for £35 odd, covering an adjustment of rates and a claim for £2O for rotund of inouov paid for a binder. Casey had bought Holland's stock and plant on the property between Paerata and Ruuciman, an exchange of farms having boon effected. Casey jun. was valuing on behalf of his father, and j Michael McKendry was valuing for Holland. The binder was not available, and McKeudry (it was explained by counsel for the plaintiff) said ho would guarantee it in good order and condition; it was a Massey-Harris binder and had only boon in use 12 months. When tho binder was eventually seen it was found to be quite useless. Tho case was previously heard by Mr Cutten, S.M., who nousuitod plaintiff, saying the action, if it existed at all, existed against McKendry, the agent and valuer, and not against Holland. It was in pursuance of that decision tho claim for £2O was now made against McKendry. J. Casey, son of plaintiff, said that from information received from his father and brother he knew the binder was unlit for use ; that was the reason why ho had borrowed the binder of his neighbour, Mr Jamieson. Ho first saw the bindor, subject of tho dispute, twelve months ago, or two years after the sale. It was in the same condition then as now—quito unlit for use. £2O was considered a good price for a socoud-haud binder; they should bo got for £l2. Andrew Casey, farmer, residing at Hamilton, questioned about what McKendry had said, replied, "McKendry said it was in good order and condition. He said it had been in use about two years—no, twelve months, but I would not be too sure about that." Three months after the purchase witness (plaiutiff) and the defendant inspected tho binder, plaintiff having heard thero was something wrong with it. Witness a<jked if that was the binder defendant sold as boing good as now. Defendant said something about the blacksmith fixing it up, and they parted bad friends. The iirst glance told plaintiff that the binder was in pieces, eaten out in parts, and useless. D. Jamieson, farmer, of Paorata, deposed that ho saw tho binder during Holland's ownership; it had boon used for two seasons before Casey took possession of the property. After the first season tho binder was out, without cover, except for a bundle of lushes, all tho winter. Inspected the bindor in Batty's shod two jears after tho purchase by Casey: ho would not have taken the binder home if it had boon given to him, although it might have been worth £3 to £5 at a sale. Explaining tho disrepair of the binder, witness remarked that a lot of American irou work flaked off and greatly deteriorated when exposed to tho weather. S. Caddy, farmer, of Paorata, who recently inspoetod tho machine, said it was in very bad order now; if it were given to him ho would not take it from whero it was. Ho saw tho

machine working a month or two before tho sale, apparently all right. W. J. Richaidson, farm laborer at Paerata, who saw the machine twelve months ago, said it was then practically to pieces. For tho defence it was urged that defendant positively denied that he over gavo uny guarantee that tho machine was in good order and condition. He gave Casey jun. overy opportunity to inspect the machine, and when Casey asked him if the machine were worth £2O defendant said, " Yes, he thought so." The evidence of McKendry (now a farmer at Hamilton, but formerly manager for Holland's farm), was along these lines. Tho Magistrato said ho would read the law referoncos that had been made and give a written judgment. llunua Debt Case.

J. T. Stombridge v. T. 11. Tidd, claim £3 14s 6d. Defendant's chief defence was that he was unable to socure particulars of account, which plaintiff said had been sent. There wero two amouuts disputed,—rope Is 4d, which had been got by a neighbour, and binder twine £1 2s 6d, which had boon got for defendant's successor on tho farm. Judgments for plaintiff £3 13s 2d and 10s costs. Pukekohe. Thursday, August 8. Honi Tuatahi was charged in that ho did use indecent language in a public place at Tuakau on July 13th. —Pleaded guilty. Convicted aud fiued £1 and costs, in default 7 days' hard labour in Auckland gaol. A week was allowed iu which to pay the fine.

Terewai, another native, was chargod that he was drunk at Tuakau on July 13. He acknowledged the fault and suffered a line of os and costs.

On tho information of W. Waldron, Joseph Derby was charged that on July 11, at Tuakau, he did use indecent language in a public place.— In this case also a plea of guilty ended tho matter, except for the payment of a fine of £2, costs "s, in default 14 days' imprisonment, j F. Droonigool proceeded against Charles Stewart in that defendant on July 12 at Tuakau, did assault him (Francis Droonigool) by striking liitn on the face with a gun and with his fist.—This suit had excited a good deal of local comment but a plea of guilty averted a public hearing of the case. —Convicted and lined £2 and costs to witness (\V. Collins) 10s. Tho default was seven days' imprisonment, but 14 days was allowed iu which to pay the tine.

Broad Small aud Co. v. J. Thornley, jun. There was no appearance of defendant iu response to his judgment summons and ho wasordered to pay £32 8s Id forthwith, in default 30 days in Auckland gaol. Tho order was suspended upon condition that defendant pays £4 monthly. E. C. Frost (Mr Mason) v. Ileta Clark, claim £2l os .3d.—Ordered to pay forthwith, in default 21 days' gaol. If £1 per month be paid warrant will bo suspended.