LAW REPORTS.

Dominion, Volume 1, Issue 38, 8 November 1907, Page 7

LAW REPORTS.

MAQISTRATE'S; : CaUgT|^

(Before. Mr,,:Rid.dell,..S.M\)

IDLE AND DISORDERLY-. .",„

Mary' Cahill, alias Carroll,' '.plod'"' guilty to a charge of being an idle and disorderly person with insufficient lawful means'-of slip-" port. Sub-Inspector, 0 Donovan' stii'toPtlia't' defendant was an old offender,, and had- no' means of support. 1 '. She was in; tlifr habit' of sleeping in the ..reserve's. The'Salvation'A'fn'iy' was willing to. giye hor shelter'.' \n view of the fact that tho .Army wqulfl take; charge, of the woman, His. Worship ;eiitorod' i ajconyic-' ; tion, and ordered accused toconiQiip forfsentenc'o when called upon, ou cpiiditipn'thaf.'sh'b' wont to the Army. Mbm'g'''aiid , 'rciiia'in l ed there for three months. If she left "befb'r'p the 'ex-. : juration of the three..months she : wq'iild."bb liable to bo brought,before. the;Courl again.' : Elizabeth Midgley ■ also came-"f6nvard' l: iii' answor to an idle "and disorderly charge',' atfid was convicted,and ordered to",come. up..for sentence when called upon;'on eortditioli'tiiat'sho look.advantage of an pffe.r.-o£>tho SalvationArmy Homo-authorities,'-and went into.-.the-home for three months..;.;-. ■;-.:>-.-. V ..,;.;''.. .1. ; A burly-looking man;;.';.Rob'ert; 3J!N;ab, pled guilty on two'informations,l.'firsi;; of; being an idle and disorderly -person-who habitually consorted' with n prostitutes, -and,■ socondly, of boing an, idle„ancldisor.derly: person with insufficient lawful means..of support. Sub-Inspect«r-,o'Poiiovan informed that accused had a long list of provioua'convictions against his back as far) as 1891. He had only recently- -been '.discharged from gaol. ■ Accused was. sentenced,to; three months'-imprisomnont,;.with.,hard.,jal) 7 our, on each charge;-the sentences-, to bOipbn; current. ~:»,.•.-;.-. i '~";.> -.

DESERTION. JTROM A,i^pilEß. : George Melville, a seaman.'on,.the.,Shaw,, Sayill steamer Arawa, Was convictcdranddischarged on a charge of drunkenness,-, and -entered a plea of not ■guilty' "to- a second in- : formation of having deserted from the Arawa. Evidence was" called to shpw. .that.defeijd&nt had loft the vessel, and taken his clothes \fith; him. -. ■•. i < ' "\■-■'•[. -.-•>:. His Worship: "What have,"you to Eay,,der, fendant?" .""'.:-, ...•;'; .--,;.., ~-'„ Accused: "What's my■ senfence? : ',--;.;■ -, ; -.-.- The sentenoo was. duly-.given;';.,defendanti being ordered to forfeit two weeks' wiges, or, in (default; to'undergo: seven,..days',;jm ; : prisonment. ••■ '.'.■?.-•/•■:.» -J'. ~*; THEFT OP. /./ James Wilkie, a fireman' on appeared to'answer a chargo' 1 of tIW; .theft rif a bicycle valued "at £7 10s.,,the property of Thompson and Brown. "Recused'''Stated that ho had gone ashore and had some drinks, but did not iremember having touched I 'the bicycle. Sub-Inspector.O'Pon'ovanVsta'tefl that the ownor of the bicyck}. left i% standing Putf side his office at about.7 p.m?,.'and a'quarter of an hour lafcqr, .it was 'missing'"'''Accused' took tho bicycle'down the wharf,; where',lie' was seen by Constable Buttars, who'.instituted inquiries, 'which led .to the arrest of''accused as he was endeavouring t6 u gnt : ''the'. machirio" on to a Btcamer.;,,.';'i;h.O- Si)feftspefcfdV''r'6markod on the frequency with" which Jncycles' wcro taken, from the' town and' placed oil board Honie or. intercolonial' vessels and'never' aeon again by their ,qwiiers.,, victed, and ,fincd;-40s.', costs-65., in defaultfourteen 'days'Vimpfisonmeut''."':' ,';' .'"•" r "

, v ,I>?EBRIAtESv ;■'-';.".-_. '■••;- % - >■. . Louisa-Maitland pleaded.guilty toVa.chargo' of having been,-found in.-a ,state,;bf helpless,' drunkenness in Elizabeth Street-on .Octqb'qr,'' 30. .Sub-Inspector OjDonovan stated .'tliai? accused was a prohibited person with "four,.or' five children. She had been in gaol for a week, on remand, for curative.treatment. A conviction was c entered, and accused was'dis-cba-rged. ■ ■ 'ial . Throe first-offenders were convicted andi fined 55., in,'default twenty-four hours' im--< prisonmont, were convicted and discharged. "''-'' '■ ■:.->• . p: ;:,; (Before Div; M'Arthur; iSiJl.)^^,;-'".";.' A trivial assaultJauncey, a' domestic,- : servant, Jordan, nurse, for assault, aiid claimed "£l7" for damages,■ medical.exppnses,..andJoss, of; wages, was productive,oi,if{loq({.ot.'\vprd's and no little amusement. , It was'showW uiafc the parties worked, in, the,.same..hquse,, and the case arose'out'of a' quarrel through the servant taking'/the .:nurse's'.-.ikmdlingiiwoodi His Worship gave' ■ judgmorit.vfo'r: defendant'. .Without costs: plaintiff, and Mr. Herdman, for defendant.-;-.- ,<•;•.' .' ■ '■• CIVIL:BUSINESS-;P 1-H -i ■ (Before Dr.' 'A7'M' 1 Arthur; S;M ; :)^> < iijil . Judgment w'as entered ior, pla'i'neiff S in' .til'o following civil cases';—Towhsend"\ahd : --Raul, ; Ltd., v. Dye Ch'ii'm, £24'14'5., cos&; £2'lis.';' Arthur .Littlebury .v., Josephs Hqoker, 125., costs only; Tanner Bros. v. Charles' J":;'Mofc-" ton, £1 -15..8 d., costs ss. j- Wellington 'Biscuit Co. v. Reginald T. Woarno, £18 6s. Bd., costs £1 10s. fid.; Commercial Agency!' Co., Ltd., v. William H. Smith, £3 4s:-6d., costs 10s.; Fame v. George B. ,Mackay,£].G Bs v „ P cpsts, £1 10s. 6d.; -Welliugfo'n Gas' , eo,-Et\l!f ; 'v;' Donald ' M'Konf.io, ,:155., ■ cbstsviosi-pf Louis Henry Hoaro v.. Mary Popo,.\£4,; costs ,13s. ;- C. M. Banks, Ltd., v. Yictor.MbrV.l9s.,..costs OS. ■ • - : .,-i -,; . ; JUDGMENT STJMMONSEs::/''. /'" ", In tlio judgment 'summons enko' WeijingfcohV Gas Co. v. John Bailoy, adebt ofv£4 75.-Cd.-;-| dobtor was ordered to.pay.on.or.b'eforo.Nov.. 21, in default,, seven days' .iiUptisdhmHitc'- In tho cuso H. Boeckcv v. flcnry;.May.,.a:d.ebt,of. £3 95., debtor was ordered, to -pay-on.-or beforo Nov. 28, in default, three', days' ■•imprisonment. No orders were, nia.de iiiitncifolW-'" ing cases:—C-.and' A.. Odlin v,. : , William ,j. Holmes, a debt of £8 125.; -samo : v-,:-William E. Clark, a debf-of £5 95.-- lOd.Cy'Dr. Barraclough v. Richard Pratt, :.i„ dp.bt-i.of ,i£4'-fis.', In the defended case, Matilda.-Uart v.,Jl'Dqtv-; aid. and Wilson,.-a claim for tf3-,-fpr-goqds: alleged to have boon purchased at auction' and not delivered, .judgment,,was;.giv,e.if: for defondant, with costs £1 ls.-MMrr, M'.Gv.ath: appeared for tho defonco. \ ' !' '

, RESERVED JUDGMENTS..; :;.>., -.; • LATE DELIVERY • JJudgmont was given by Mr. \V. 13. Riddell, S.M., in, the case of A. .Francis (Mr. Neavc) v. Wright, Ramsli.".aiid-Gq. (Mr. Dunn), a claim of £3u' 75,, 'damages/for.; lata, delivery of two billiard-;tables j.and accos-, sories, which "were to have', within one month from dafo of "ordering. No placo of delivery was mentioned, but plaintiff intended • starting a.- billiard saloon in Wcstport, and tlie goods-wero .delivered there on March.'2o instead '.of.'Fpbi : iia'ix°l7;' i Defendants said they \Yoro.;pr r cpa i r9,cVto jv ,de-, liver the tables on' February 17," hilt owing to non-arrival frbiii Loiid6n"tlicy~conld not dolivor the cues, on that 'dato'/; His'-Wdrship held, as to delivery, that, although tho agreement was silont on tho -point, -the-evi-dence showed that the goods Verb" to* bo delivered at "Westport. There seemed to ho no doubt that thecauso of tho delay Was the lato arrival of tho steamer bringing tho cues from ' London,, but such a reason, was, not. sufficient to absolve defendants from! liability for loss sustained by . plainti/f^throiiglj, nonperformance on i their, part.' Uis-..Worship-ciuoted authorities ,on. similar,' cases n Jvli6ro (lamages had been awarded, pit tho 'basis ,o,f' (he amount of profit which would- havo* been earned during the. period between the' agreed and tho actual dato'of'delivery. 1 The' Court thought thoro was; sufficient ;ovj.dqiu:p' to show that defendants' were.aware iof".the' purpose for wljicli,.^lip"t-'nbleOt ; 6ro and both |,he agreement between.the parties and telegrams' from plaintiff,", to 'defendant' showed that the goods wei : b" snecinlly're-. quired by February. 17. On tho..whole' his' Worship thought the. loss'sustained'by plain-' tiff might lnirjjv;and- reasonably' bb : cbn-.i sidorod as nutrifally arising from defeiidaut's breach of contract. Plaintiff stated

Mat his avcrago takings wore £1,95. 6d. peP 3aj» for a month* after lie' commenced business, and the Court would allow him twenty•five! days at this rate." Judgment "would bo given for plaintiff for £34 17s. Od., with costs £5 17s; 'Gdl*;' : ' V> ■ '- •'■ • •'•■'■ .* VI ;'■ ■>

'■.;; I DISTENnON;QF,A,.GREYiIOJ?ND.v j- .Reserved judgment, was given by-DfV . A. iSi'Arthur. 'S.Mv, in' tho'sheep"worrying'-'-"• casbFredbnck' liiel v 7 Herbert Ernest-Leigh'.'. •"--.; ton, a claim of; £20 for'the alleged detention,,.;'y of ta valuahlo : -.-grey]ioiind,-'-aiid . a .counter-- .- , claim,for.-£10,105., tho.valuo of sheep,.wo£ '.".'.. iiied., .Counsel for..the prosecution raised'ari v '.'""' •objection to 'the power,', of the Hutt Park-'" '•': "trustees- to l6t 'the racecburso for'grazing- '■■;•: purposes.:-i His' Worship was unable to obtain 'a., Copy;, of: .the 'Ordinance under.. which ; tha ; ., ; -.tenstpeg _ held,.,the,.racceoprso^.but,,.counsel" y, ■not havings produced 'anything "to' tho"'con*,'' "'' trary," the' Court held tli'at-'iho trustees were'- •'■*■ warranted itf leasing the racecourse fo^'girW ■liiig. -v Tho' defendant produced" ji receipt from",-:\-. the trustees showing that, at the.time, of, tho ....','.' alleged..shqep wqn-ying.h'o,had acquired frphC ''• them.the grazing. 'Worship/' ' < therefore,,considered that defendant' was not ''-■"•>- a trespasser^''The dog was'-dotaihed'for:somo"'■": thr'eo'ot fOur"days, r 'and,"assuming it'to'have/ 1 : .bceiv wrongfully .detained',: any pf,_-, - ■■, ;aggravation;,;would givp,.-ground - for' addi- ..-/' tional damages. His Worship "licl'd' "that'- tho"""'-' ', '(log "was""riglitfully. 'detained''by'defendari't, "■''•" .'.ahd'that' it'"whs;'bhb'of tlic';'dogs that were"- ■'-' ■worrying the-'sheepi •■• Ono^of-^the!'witnesses'" -^ ;ivas positivo that ho never lost tho.'..-. dog from tho time that-he-saw it worrying' the sheep up to the time ho caught it. 'There might be-ta' strong suspicion's to-the .'dog, but there must be sDiueihing nioro than that in order to obtain judgment from the Court. Judgment • would bo>,given .for de- i 'fen'dant on the claim, wiih' costs £9 2s.', and.. "q'n-; the"'couliterclaim'"tlefeildailt- would, ba' , '•'allowed. £l,.^vith.posts ."is. ,Mr„ Wilfard'.arii- w pcarcd :for plaintiff- and "Mr. 0. Bcere^'for^ .-defendant.'"' ■'"- " : V "'•' '.;■";" :"" ': : -.M

; 'Mr. Justice Button will-hold a sitting in * Chambers at 10.30 this morning.