MAGISTRATE'S COURT.

Taranaki Herald, Volume LIV, Issue 13487, 30 July 1907, Page 7

MAGISTRATE'S COURT.

(Before Mr Fitzherbert, S.M.)

CIVIL CASES.

In the S.M. Court this morning judgment was given for plaintiff by default in the following cases: — Commissioner ,of Taxes v. J.J. Gruper, £1 7s 6d ; Taranaki County Council v. Oheroa Kiwi Hinura, £1 17s ; the South Pacific Mortgage and Deposits Co.. Ltd., v. R., R. C, and A. Findlay, £98; R. Todd v. the Vacuum Oil Company, los.

The Commissioner of Taxes sued Robert Todd for £1 7s 6d, being £1 5s income tax and 2s 6d interest thereon. — .Defendant stated that he made a precarious living by carrying, and liis income did not reach £300 a year. Evidently a mistake had been made by his clerk. — The Magistrate said he could not take that as an exmiso ; defendant was responsible for the mistakes of the • clerk. Judgment was given for the amount claimed and costs.

Gamlin and Co. sued G. Carnell for £3 2s lid for meat supplied. — Mr Johnstone 4PP eare d f° r plaintiff, and the defendant conducted his own case. — His Worship said he would nonsuit the plaintiff, as the evidence was secondary and unsatisfactory. There was no evidence that the goods had been delivered. No costs were allowed.

Geo. Cliff (Mr Johnstono) sued C. Hooker for £2 16s 5d for goods stipplied to defendant, a bricklayer. — Defendant disputed getting any of the items except a digging fork, and that, he said, he paid cash for. — Arthur Cliff gave evidence that the goods were sold arid delivered, and that the entries in the books were his. — Defendant said he had received no account from plaintiff. He said.he could prove he was away from New c Plymouth, when it. was alleged he personally purchased ihe goods. The goods must have been for his brother (deceased). — His Worship said he was of opinion that the goods were obtained. Tliere was no evidence that the goods were purchased for defendant's brother. The evidence was in favour of the pjaintiff, and he would give judgment for the amount claimed, less the value (4s) of a bag of lime defendant might not have received. Judgment was for £2 12s sd.

STOWAWAYS ON THE TAKAPUNA.

Two young men, Thomas Henderson and Patrick Smith, were charged on the information of the police with unlawfully travelling on the Takapuna (from Onchunga to New Plymouth, last night) without * first paying their fares, and with the intention of avoiding payment thereof.

Both pleaded guilty.

In reply to questions from the Bench, they said they had been living in Auckland. They were under the influence of liquor when they boarded the Takapuna; had they been sober they would not have gone on board. Both were tailors by trade.

The Magistrate said that this would be a lesson to them not to get drunk again. Eact was liable to a fine of £5 and the amount of the steamer fare. As they had pleaded guilty theye would be fined only £2 and costs, in default forty-eight hours' imprisonment. The police said that the accused had not sufficient money on them to pay the fines. The question of giving them time to pay was then considered. The accused said that if given a chance they felt confident they could get work in New Plymouth; but the Sergeant of Police said that he thought they were "birds of passage," and that he would not advise that they be allowed out of custody. He also stated that the acsused wore not so # drunk as they told the Court. One of them had his portmanteau with him, so it looked as though they had every intention of boarding the boat. When asked for their fares they said that the tickets had been collected.

His Worship agreed with the Sergeant that it would be unwise to grant time in which to pay.

YOUNG MAN IN TROUBLE.

A young man named Phillip was charged with being a rogue and a vagabond, having been found on the premises of the White Hart Hotel by night. Accused pleaded guilty. Sergeant Haddrell said that accused was a good deal the worse for liquor. He was refused a bed at the hotel, and later was found on the balcony. A fine of £2 and costs was inflicted. Fourteen days was allowed in which to pay.

The police then applied for the issue of a prohibition order against Phillip. Phillip said he would object.

Constable Whitehouse and M. Fowler gave evidence in support of the application, which was granted.

A glance at the colony's weather reports for to-day reveals rather clearer weather in most districts, though rain is still falling in Hawke's Bay. The breezes are generally light. The sea on this coast is smooth.

Rip** from the first dose RHEUMO gives reiief from the awful agony of rheumatism, gout, sciatica, lumbago, etc. 2s 6d and 4s 6d. Obtainable from all chemists and to

s—res.