THE COURTS.
MAGISTERIAL MOXDAY. (Before 3lr S. E. McCarthy, S.JI.) DttUXKEXXESS. Three first offenders were eacli convicted and fined os, in default 24 hours' imprisonment. A statutory first offender was fined 10s. in dvfauk 48 hours' imprisonincnt, and another was fined 203 with a similar alterative. ItEMAXDED. John Wakefield, it Maori, was remanded until to-morrow, on a charge of having, on January Ist, «t Christchtjreh, assaulted Constable- H. Mulhol'.aud in Uliis execution of liis duty. On a oliuri;a of having assaulted his eon. Thomas O'Connor was remanded ,0 fiVV e *f again to-day. Bail was allowed jii ono surety of £ai>. or two tureties of £'2s each.
CIVIL BUSINESS. Judgment was given for the plaintiff by default in each of the- following cases :—• George Knight v. J. Stewart, £lO 1 4<! '> *■ P. Ctaridge v. James Ariustrong, £lO9 15a 4d; llopth, Maedonald and Co., Ltd. v. V. C. H. Sdusum, #59 15* Gd; 51- Mo Allister v. L. T. Forrester, £2 lis Sd; Beath and Co. v. George* David Wright, £33 14a 3d; Goodwin and Russell v. A. 0. Wishing, • £7O Ills; A- W. • Scarr v. John O'Callaghau, £23 ss; International Harvester Co. of New Ltd. v. J. 0. Jones, £ls Gs 3d; A. W. Scan- v. John Sidney Phillips, XS 17s 04; C. S, McCu y and Co. v. -. Claude, £U lte 10d; \\ ., Kdlin and Co. v. M. Millaom, £57 17s 8d; t. S. JAcCuily and Co. v, C. X. Church, £7 19s: Maling And Co., Ltd. v. T. Jackson, £77 IfelOd; same v. C, Nisscn, £» 1S»William J. Honcry was ordered to pay £IS Ills. a,t the rate of Is weekly, to Francis Henry Steel, on a, 'judsmeiit fmrumone, Hi default two months' imprisonment. Francis O. ltowo was ordered to pay J. W. Green and Lilian Jfoormn £ll 17s, on a. judgment summons, at <h° 3n t<~ *". ** 3 weekly, in' default two months' imprisonment. A judgment, order against John Wilson lor £7 18s 'Gd, in favour of ■ James -Roderick Avers, was varied, tho rate of payment to bo 2s Gd weekly.
TKXEMENT CASES. Charles Kolson waft ordered li> give ■ possession of a, tenement to John lCriekson l>y May sth. John Henry was ordered to give posecsjkjii of a tenement ito "William Ci. Mole by May sth. tA. Kounthwaito was ordered to give, possession ci a tenement tq "William Fenton, by Mav 31st. Arthur Edwin Jtyron was ordsred to give possession of a tenement to James Lynch and Margaret K. C>de, by 31st. A. McC'rorie was ordered to give possession of * tenement .to Mary Susannah ParSin by May Ulat, and rent .amounting- to .£2 Us. On a counter-claim of £lO ?s, thq defendant was allowed £i 2s Bd. circus PKiiPaitMßß's claim:,
William Waldcn, a juggler (Mr K. W. White) claimed from Charles Hidgway, circus proprietor (Mr 0. 11. Buchanan) £1 13s 4d, two days' wager., alleged to be due to plaintiff, and iO alleged to have, been detained by defendant although it helquged to the plaintiff. The defendant for iIOO as damagfs, oil Uie following grounds: That the plaintiff was engaged, together with his wifa and three childrev, to, sejye as a jug" gling troupe for defendant's circus; t&at the plaintiff and bis wife *tnd family were to servo defendant during the whole of the circus season; that tho plaintiff had left tha employ- of the defendant beioro tho termination pf the period agreed on. Ada E. Waiden, wife of the plaintiff, stated that, in the interests of tho children, she would not consent to an engagement of uju.e vnonllhs or thsroabouis l whon the family joined tho circus. She was dissatisfied with the inanner in which the food was kept. It was usually kept in .'Jie. lent in 'which people slept. The'defendant stated that in Sydney hq interviewed plaintiff, anct engaged him to show with tho circus together with his wife, twq boys and a girl, at the rat© of. £5 weekly. A'q contract.was. drawn up, but th,ft plaintiff understood that thq engagement was. for tha season. Witness made no agreement with the wife herself—ho only recognised the head of the troupe in business dealings. Tha Magistrate: But ho had no right, to sell hia wife's fcervioes. Wo have no slavery in New Zealand. "Witness, proceeding, said that he gwo ihe plaintiff £4 on account, plaintiff turning- to hia wife and flaying to her that the trip would en.ii.blo her to visit her mother, in Christchurch. Witness did. not agree- to pay the fares of- plaintiff and lvia. family buck; to Australia at any timq that they chose- to terminate thq engagement. ' Witness's season usually ended about July 7th, this being, about the time of tho Hawera Winter Show. Plaintiff came to witness in the North Island and said that ho wanted more pay for day work, as it damaged his children's, wardrobe. He wanted £5 extra, for each day show, witness offering him £3 per day. Witness asjted plaintiff to work with v him till the end of the season, when a bontis would be paid. This was agreed, tq, From the time of leaving- Sydney till arriving at Poxton the expenses of the family to defendant were about £3O.
Mr Buchanan said ihat as a. result of the familv, who were billed on tho circuu posters as "TJi* Gazzas Troupe," and then Mimes, according tq the tuwja given, leaving the circus, Ridgway had to .."depend on buckjumping: as the principal draw, or else cloao up ti:l the next circus season.. To Mr White: Owing to the loss of th© plaintiff family the circus h.a4 ¥> deteriorated that it could not be given more than Qnce in a town. It was not possible to get them replaced under a couple, of months. . Ques-t-ionod »a to the names, qf performers qn. the bills, who were not. in thq droits witness stated that he himself was now thq. clqwn in his shqw- With regard to a pester showing a turn given by "Charlie and Mm,'" witness admitted that the turn was (fine by liimwlf only, Thq full brass, band advertised on the bills consisted, since the plaintiff had loft, qf two instruments anc\ twe drums. Witness claimed that it was customary of bigger circuses than his to boom perfortners that might not appear. Since the plaintiff family had left, the circus had on a recant ocoasion put on thq buckjumping proffiamma twlp«f\ }tv tha samo town, the second performance being a failure, as'far as receipts were concerned. Mr "White (examining- a. ouciis, poster): Hoy many buoking dqnkeys have you. gqt lin w?—We have only one now; the other was killed.
Mr VThite: He has bucked his last. Mr McCarthy: The public are the donkeys that are bucking now.
Richard Jasper, rwemutar of Ridgway'a Circus, f;av« evider.ee (or th« defence. 'With reference to the bills issued by Kidgway ho said that the public were never satisfied unless they were being gulled. Mr McCarthy: There are. some people other thau circus people who <pull tho public. Michael McMahon, an elderly man, said that ho was engaged at Brisbane to do a season, which was understood to be until April or May. Mr White: You are the bras* band, ar« von not? —Yes, I am the brass band. lujreply to Mr Buchanan's contention that plaintiff WO3 the agent for his family Mr ilcCarthy said that if such was the case white slavery existed in New Zcnlar.il. A bad feature had been disclosed in that no provision had been made for tha education ot tho children while performing at the circus. Judgment, was given for "Wnlden or. both th.» claims and the counter-claim.
IN OTHER_ PLACES. COURT OF APPEAL. (rniSS ASSOCIATION TELEGRAM.) WELLINGTON, April 18. This afternoon tho Court of Appeal commenced the hearing of an appeal by the United States and Australian Steamship Co., Ltd.. Now York (defendants in the Court "below) against a decision of Mr Justice Edwards, giving judgment in favour of Charles Lyons, of Christehurch, hardware merchant (plaintiff in tho Court below). The plaintiff iu liis statement of claim alleged that by two bilk of lading the defendants undertook in February >or March, 1!)1S>, to curry to New Zealand from New ■York, aud deliver to the plaintiff certuin I quantities of galvanised iron pipes. The I plaintiff further alleged that a. large quniititay of pipes were not go delivered and claimed therefor the sum of £152 Is 9d Tho defendants asserted that they cVUvared them to the Wellington Jlarbour Board as agents for tho plaintiff. Mr Justice Kdwards gave judgment for tha plaintiff for- the full amount claimed. At tho hearing this afternoon Mr Blair ■appeared for tho appellant company, and Mr O T. J. Alpers and Mr C. S, Thomas, of Christehurch, for the respondent. Mr Blair contended that by the conditious of the bills of lading the shipping company's responsibility ended at the amp's slings, and tho pipe* had boon delivered to tjie Wellington Harbour Bourd as agents for tho respondent, but counsel admitted liability to tho extent of 78 bundles, one half of the amount claimed for by tho respondent. Argument is proceeding-
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Press, Volume LVII, Issue 17123, 19 April 1921, Page 4
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1,514THE COURTS. Press, Volume LVII, Issue 17123, 19 April 1921, Page 4
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