MAGISTRATE'S COURT.

Waipa Post, Volume VI, Issue 261, 4 November 1913, Page 2

MAGISTRATE'S COURT.

FRIDAY, October 31ST, 1913. (Before Mr E. Rawson, S.M.) civil CASES. Judgment was given by default in the following cases: —H. R. Hogg (Mr Collins) v. D. W. Selbie £l2, costs £1 16s 6d; John S. Reekie v. A. Sproule, £5 16s 6d, costs 17s ; G. W. Rossiter (Mr Cox) v. H. W. Peake £l3 8s 6d, costs 16s 9d; J. C. Lodge v. John Hicks £3O 17s, costs £2 14s; G. M. A. Ahier (Mr Cox) v. R. Livingstone £ll 17s Bd, costs £1 ios 6d'; F. J. Verner (Mr Cox) v. D. Ryan £1 13s 6d, costs 5s ; F. J. Verner (Mr Cox) v. J. W. Carson £l 9s, costs ss; Waipa County Council (Mr Swarbrick) v. J. Parsons £ll7s iod, costs 18s. J. Warner (Mr Luxford) v. S. T. Bergman (Mr Collins) claim £l7 ios. Judgment for plaintiff £3 Bs, costs £2. Defendant was nonsuited on the counter claim for £7 lOS.

S. C. Barnott v. W. B. Reid, claim £l3 6s id. Judgment for plaintiff for amount claimed, with costs 15s. CRIMINAL CASES. Walter' Douglas was charged by the police (Constable Lander) for driving without lights. Convicted and fined 5s and costs 7s. Joseph Eustage pleaded guilty to riding a horse on the footpath in Lyon Street, Kihikihi. Fined 5s and costs 7s. He was further charged for refusing to quit licensed premises at Kihikihi when requested to do so, for which he was fined ios and costs 9s.

For being drunk while in charge of a horse at Kawa, a rjative named David Ormsby was cbnvicted and fined £l and costs I2s. He was also charged with obtaining liquor. Convicted and fined £5 and costs I2s. Harry Rae pleaded guilty to obtaining liquor during the currency of a prohibition order, for which he was convicted and fined 5s and costs 7s. John Fox was charged with being found in a state of drunkenness at Kawa. He was remanded until 7th November for medical treatment.

For being found drunk in Lyon Street, Kihikihi, a native' named Matitu was convicted and fined ss. JUDGMENT SUMMONS.

Newton King (New Plymouth) v. W. B. Reid claim £7 19s 7d. Ordered to pay amount claimed or in default 'seven days' imprisonment. Order suspended for one week. CARRYING CONTRACT.

A case which occupied the attention of the court was a claim by J. Bolton (Mr Swarbrick) against Meyers and Peters (Mr Luxford), for 255, price agreed upon to deliver a windmill from Te Awart.utu to Pirongia. The defence set up was that Bolton had failed to complete this contract. Defendants had paid ids into court.

In his evidence plaintiff alleged that Peters spoke to him and asked him what he would take a winnmill to Pirongia for. iHe said 255. He took the lot on one load. Peters took delivery at Pirongia. A day ortwo after he was told there was some timber to be taken out, and he was asked his charge and he said I2s 6d. He was told this was too much, so he said "Get some one else." When witness asked for payment he was told defendants had lost on the job, and they offered him ios.

A. Godwin gave evidence. a« to what he considered would be a fair charge for the trip. The roads would be getting in a bad state about that time.

W. Douglas also gave evidence, and on being asked if he would care to take the job for ios replied " What ? Not much!" Peters stated he saw Bolton and inquired what he would take out the windmill, timber and tank to Pirongia racecourse, where he and Meyers were engaged to erect it. Bolton agreed to bring the lot out for 255. The timber and tank were not ready when he took the windmill from the station. In reply to witness plaintiff stated he would take out the timber and tank when he had time. Owing to plaintiff not completing the contract he was obliged to employ someone else to take out the timber and tank. It was taken out in two trips for which he had to pay 15s. He offered Bolton 10s, but the latter said he wanted 255. H. P. Meyer gave evidence in regard to a discussion as to the price asked by Bolton. It was agreed to pay him ios, and based the calculation on the rate charged per ton. This offer was refused, as Bolton wanted 25s or nothing. On being recalled plaintiff stated that no mention was made in regard to the timber and tank, his firSt recollection of it beinr>; about ten days after. Judgment was given for amount paid into Court with costs. POSSESSION OF A HORSE.

A native named Manu Matakeno for whom Mr Luxford appeared, claimed from Alfred Redfern (Mr Oliphant) the sum of £l2, or the return of a horse, and £5 damages for its detention over a period of 3 years. The defendant entered a counter claim for £7 16s for grazing. A great deal of evidence was given. His Worship gave judgment for the plaintiff for £l2, or the return of the horse, and £3 damages for its detention: Plaintiff was nonsuited on the counter claim. Costs were allowed amounting to £5-3-6