THE COURTS.

Press, Volume LIV, Issue 16160, 14 March 1918, Page 4

THE COURTS.

MAGISTERIAL. (Before Messrs R. B. Walker and H. T. Rosendale, J.P.'s.) DRUNKENNESS. A first offender was fined 5s f<jr drunkenness. ADJOURNED. A charge against John SneJl (Mr Donnelly) of a breach of the Secondhand Dealers' Act, in that he purchased goods from persons under age, was ad- I ]ourned till Friday. (Before Mr T. A. B. Bailey. S.M.) MAINTENANCE. Peter James Hogan, who was £9 9s in arrears on an affiliation order, was sentenced to one month's imprisonment, the warrant to he suspended as long as •he pays at the rate of 7s 6d per week. Emily Georgina Shearsby (Mr Johnston) asked for a separation, maintenance, and guardianship order against her "husband, Frederick Thomas Shearsby (Mr Thomas). After hearing evideupe, his Worship intimated that he would give his decision on Tuesday next. NOXIOUS WEEDS.

Mrs E. McClatchie (Mr Kincaid), charged with, failing to destroy noxious weeds on her property in Lin wood, was fined* 10s, without costs. UNLICENSED LI#T. ' F. W. Jones, manager of the N.Z. International Harvester _ Company (Air "Wright), was charged with using a lift without having a license, as required by the Inspection of Machinery Act. A fine of 20s and costs was inflicted. Mr Hamiltojj/appeared for tho inspector. DISMISSED. A. and S. Luttrell (Mr Wright) were charged with having altered electriclight work without having given tho necessary 48 hours' notice to the City Council (Mr Loughnan). The evidence went to show that the necessary, notice had been given, and the case was dismissed, with costs. BY-LAW CASE. Stanley Ockenden (Mr" Johnston) was chaTged under the City Council's, bylaws with having done electric lighting work without being licensed as a first or a seoond grade fitter, as required by the by-law. Mr Loughnan appeared for the City Council. After hearing the evidence, his Worship reseryed his decision.

JUDGMENT BY CONFESSION. INTERESTING LEGAL POINT. A legal point, on which it is stated no previous ruling has been given in New Zealand, was recently raised in the Magistrate's Court at Pukekohe, the Magistrate, Mr Wyvern Wilson, being called on to determine whether a confession of debt *and payment of the fulli amount claimed was to be automatically followed by judgment being entered for the plaintiff concluding the action. The case at issue concerned a sharemilking dispute, the milker claiming from his employer £50 in respect of his share of the deferred payments made by the New Zealand Dairy Association last season to the employer. The latter had judgment, and paid the amount claimed. On behalf of the plaintiff, Mr A. Hanna stated that, subsequent to tho issue of the summons, tho plaintiff found that £95, instead of £*50, was due to him, and h© asked the Court to set aside the judgment, if such was the natural sequel to payment, and to allow the claim to be amended. Mr J. G- Haddorw, for the defendant, contended that, on a confession, the clerk of the Court was forced to enter judgment, which ended the proceedings. The Magistrate has now given his reserved decision, and he sets out tliat* under the provisions of the Magistrate's Courts Act, a judgment may be entered by the alerk of the Court on. a plaintiff's application with the written consent or a defendant. In the present instance the plaintiff had not so applied. - consequently no judgment existed, and thus plaintiff's application for the judgment to be set aside was superfluous. The Magistrate granted the plaintiff power to amend his claim, and fixed the next Court day for the hearing.