MAGISTRATE’S COURT.

Star (Christchurch), Issue 16495, 4 August 1921, Page 7

MAGISTRATE’S COURT.

CHRISTCHURCH. TO-DAY’S CASES. (Before Mr S. E. M’Carthy, S.M.) DRUNKENESS. A statutory first offender, «a decrepit old man, seventy-three years of age, pleaded guilty to a charge of having been found drunk yesterday. The Magistrate ’remarked that the defendant had not been before the Court since 1914, and asked him what explanation he had to offer. I just took a little too much whisky,” replied defendant. Mr M’Carthy: Are you an old age pensioner ? Defendant: No, I don’t get any pension. Mr M’Carthy: How do you live ? Defendant: I’ve got a little money in the bank. Mr M’Carthy : Well, you’re old enough to know better, aren’t you? Defendant (smilingly): Yes, your Worship. Mr M’Carthy: Well you will be convicted and ordered t-o come up for sentence when called upon. John Kelly, sixty-nine years of age, a fifth offender within the past six months, who was described as being a splendid worker when lie kept away from drink, was convicted and sentenced to three months’ imprisonment.

CIVIL CASES. DEPOSIT ON A HOUSE The Magistrate delivered his reserved judgment in the case between William Ingram Connor .and Mary Louisa Connor (Mr H. Iv. M’Dougall), plaintiffs, and William Bain (Mr W. F. Tracy) and Alice Margaret Jones (Mr F. D. Sargent), defendants, a claim for £SO being deposit on a contract of sale or a dwelling-house belonging to the defendant Jones, for whom the defendant Bain acted as agent. The case was heard on July 29. The plaintiffs alleged fraudulent misrepresentations made by a salesman of the defendant Bain, and in the alternative innocent misrepresentation, and the defence was that there was no misrepresentation whatever in regard to the- matter. The Magistrate found that the house was in a good state of repair for an old house and that there had been no misrepresentation on the part of the defendants. Judgment was entered for the defendants, together with costs. ERECTION OF A FENCE. Reserved judgment was also delivered by Mr M’Carthy in the case of Susan Elizabetli Sanderson (Mr R. A. Outhbert), complainant, and Emily Mooney (Mr R. Twyneham). defendant, an application for the half cost of a dividing fence between the properties of the complainant and the defendant. Tlie case was heard on August 2. The Magistrate held that the present fence between the properties was dilapidated and incapable of repair. Some of it might be incorporated in a new fence. He directed that the fence to be erected consist of six plain wires and a barbed wire on top tightly stretched with batons or lacing affixed to the wires between the posts or standards, the standards or posts to be of durable wood or iron not more than nine feet apart, and the top wire not to be less tU*n 3ft 9in from the ground. The complainant would erect half of the boundary fence and the defendant the remainder. The erection of the *fence was to be commenced forthwith and completed within fourteen days from the date of the judgment- If either party defaulted, the other party should proceed with such erection and recover cost from the party in default. Each party was ordered to pay her own costs. PLAINTIFF—BY DEFAULT. Judgment was given for the plaintiff by default in each of the following cases:—The N.Z. Tyre and Rubber Company, Ltd., v. G. A. Oakley, £24 17s 6d; William L. damp v. Thomas Tyree. £l9 17s 6d ; Kate Matilda Berry v. Molly Quinn, £5 8s; the B.i.C. v. E. Dwyer, £2 4s 6d; sain© v. J. B. Lauren son, £ls 3s 4d; United Motor Service, Ltd., v. Frank Kennedy, £2 15s; FYancis Henry Steel v. Joseph Vivian, £2 Is lid; Christchurch City Council v. Mary Lord, £4 14s 6d. JUDGMENT SUMMONS CASE, On a judgment, summons C. M’Seveny was ordered to "*av A. M. Ross the sum of £2 13s 6d forthwith, in default seven days’ imprisonment. TENEMENT CASE. Thomas Hodkinson was ordered to give up possession of a tenement to Annie Lawson before October 4. LYTTELTON, (Before Mr F. G. Norton, J.P.) A first offender, who had been in custody since last Monday, was convicted and fined ss. Charles Edward Russell and Albert Edward Scott, charged with behaving in an offensive manner to passengers on a train, were each fined £2 and 8s lid costs.