MAGISTRATE'S COURT.

Sun (Christchurch), Volume IV, Issue 962, 12 March 1917, Page 5

MAGISTRATE'S COURT.

TO-DAY'S CASES. Mr T. A. B. Bailey presided at the today's sitting at the Magistrate's Court. Two first offending inebriates were each lined 5/-. MOTOE CLUB v. MEMBERS. A claim for subscriptions from members was made by the North Canterbury Motor and Cycling Club, which sued -T. 8. Caverhill, A. E. Woodman, ami A. L. Button for 15/-, the amount of one year's subscription. The claim originally was for more than one year's subscription, but was reduced to one year by reason of the fact that the club rules provided that, should a member be unfinaneial at the end of the year, he should cense to be a member.

Mr O. T. J. Alpers appeared for the plaintiff club, Mr Johnston for Wood man and Caverhill, and Mr Thomas for Sutton. Mr Alpers said that iu June, 1915, the club decided, consequent on the war, to suspend its activities. The executive found that there were several tradesmen's accounts outstanding. Some of these they paid oat of their own pockets, and to meet others decided to make an effort to collect outstanding subscriptions. Caverhill became a member in 1912 and paid some subscript ions. Woodman was elected and remained an active member for some time, paying subscriptions and participating in races. Sutton was elected in 1912. In April, 1015, a number of members, headed by Mr G. B. Brown, sent in a joint resignation, among tlie signatories being Woodman. Although this document was dated April 1 it was not received by the secretary of the club till June .'!0. Bertram Harding, secretary of the North Canterbury Motor Club, said Caverhill paid a subscription iu 1912, and, as far as he knew, had not paid a subscription since. Woodman was an active member, and Sutton rode in at least one race. Woodman, he believed, paid two subscriptions. To Mr Johnston: He did not know whether Mr G. B. Brown got his trophy for winning the 100 mile race. Mr Howarth received some trophies, but lie did not know what. As far as ho was aware, there was not any dissatisfaction with the finances of the club. Frank Cordery, treasurer of the club, said that all the money received by him was entered in the books. The trophies w r ere of full value. There was no lenkage. Caverhill had paid no subscriptions while witness was treasurer.

Mr Johnston submitted that nobody in connection with the club was authorised or capable of commencing an action. The last annual meeting was held in August, 1914, and the rules provided that the officers should'be elected annually. The committee did not do what they should have done. If they had wished the club to become moribund they should have called a meeting of members, but evidently they had no wish to face the members. He wished to get at the financial position of the club. The action was not authorised. There were no officers —they had gone out of office at the end of the vear for which they were nominated. The club was seething with dissatisfaction when the committee, without calling a general meeting, put it out of action. Mr Thomas said he also raised the point of an unauthorised action. Sutton denied that he had ever been a member of the club. The club, he contended, had ceased to be. The rules provided that, members ceased to be members when their subscriptions were not paid. As no subscriptions had been paid since the club ceased operations there had ceased to be a membership and a club. The Magistrate said a nieering of the club should be called and the position gone into. Plaintiff was non-suited. Mr Johnston said he hoped a general meeting would be called; otherwise, on behalf of Mr G. B. Brown, he would issue a summons to examine everybody concerned as to what became of the money for the prize which Mr Brown did not get.

CIVIL CASES. Judgment for the plaintiff by default was given in the following undefended civil eases:—Spreydon Borough Council v. Geo. C. Sharman, £3 13/1; Edwin C. Salt v. John Ross, £2 10/-; Beath & Co., Ltd., v. Elsie Rowe (nee Keith), £1 3/1; P. W. Simons v. Robert Christian, £l3 17/4; William Abram Blaekmore v. J. H. Sinclair, £3 14/1; Henry J. Ranger v. C. Blake, £9 4/-; Sumner Borough Council *v. Charlotte E. Wigley, £lO 19/8; T. and S. Morrin, Ltd., v. W. L. Fowler, £33 16/2; E. W. Pidgeon and Co., Ltd., v. Alex B. Spiers, £22 14/5; Henrv Berry & Co. v. Louis Arthur Pannell, £8 15/5; Imperial Conservatory of Music v. Jane Mason, £2 17/6; E. W. Pidgeon & Co., Ltd., v. Bernard Byrn, £l9 2/3; J. Carter v. G. D. Gow'*, £ll 19/2; Richard Aulsebrook v. B. and Pearl Sutton, £7 3/-; E. C. McDonald v. Leslie Dean, £2; Cotton Bros., Ltd., v. Robertson & Co., £45 12/-; Sneeston and Munro v. P. If. J. Clarke. £2 8/7; IT. Pannell & Co. v. Edward Mudie. £3 7/3; Daniel Cusaek v. Reuben Cooke, £1 13/3; Imperial Conservatory of Music v. Henry Elliottyson, £1 14/6. HORSE TRAPPINGS. The adjourned case of Tvist and Small (Mr Cunningham) v. Frederick John Rayner (Mr Meares), a claim for £2O 9/- for horse trappings, was continued. (Proceeding.) LYTTELTON CASES. Mr C. Ferrier and Mr W. T. Middleton, J.P.'s, presided at the Magistrate's Court this morning. Two first offenders for drunkenness were fined 10/-. A SERIOUS CHARGE. James Sinclair, sen. (Mr Hunt) appeared, on remand, on a charged of indecent assault on a female under the age of 10 years, on February 11. Accused pleaded not guilty. After evidence had been heard, counsel contend ed that there was no case to go before a jury, and urged the Bench to dismiss the information. The accused was committed to the Supreme Court for trial, bail being a! lowed —self in £IOO and one surety of £IOO.