MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 44, 15 November 1907, Page 9

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddel!, S.M.) The chargo sheet at tho Magistrate's Court yosterday was ■ light, and the civil business was easily disposed of. SORROW, TROUBLE, AND GAOL. A well-known offender, Clara Algar, appeared to answer two informations, the first of drunkenness, and the second of boing an idle and disorderly person with insufficient lawful means of support. Constable Stewart stated that he saw accuscd tacking along ■Taranaki Street under tho influence of liquor, and when she met a rcspcctablo old gentleman and throw her arms around his neck, he arrested her. Subsequently witness was called upon to removo ( accused from a boai'ding-houso in Taranaki Street. Ho had known accused for, the past twelvo months — sho had no means of support, slept out at night, and was addicted to drink.

Accused asked for another chaiico, and said she would leavo Wellington, whero.sho lmd had so much sorrow and trouble, and so much" gaol.

His Worship said ho was always prepared to give Anyone a chance, but defendant had had many opportunities of reforming.- On thq charge, of drunkenness sho would be convicted and sentenced to fourteen days' imprisonment with hard labour, and on tho second information a sentence of three months' imprisonment would be imposed, the sentences to be^concurrent. FRUIT PILFERING. WARNING TO STEAMSHIP PASSENGERS. A certain class of. traveller from Sydney; invariably looks upon tho fruit cargo which the intercolonial steamers carry .on deck as. a fair field for pilfering operations. The. losses by this means grew to such an extent; that notices wore posted in various parts of tho Union Company's vessels warning passongers that thoy mus ( t not take the fruit.; The warning notices had little 'effect, so the Union Company went a step further yester- : day by bringing an offender before the .Court as a warning to others. William Alexander Stophens,' a well-dressed young man who worked his passage from Vancouver to Sydney by tho Moana,' and then obtained a free, passage to Wellington by the Warrimoo which arrived yesterday ' morning, appeared on a charge of theft of fruit valued at Is. Evidence was called to show that accused was seen to tako several oranges out of a ease which had been broken open. Defendant admitted having taken one orange, which rolled out of a case on to tho hatchway. Captain M'Beat-h, master of tho Warrimoo, stated that tho vessel had a very-largo number of steerage passengers from Sydney, and a scandalous state of affairs existed as regards tho fruit tho whole way across. Theft- of oranges was general throughout the voyage, and although the officers pcatedly saw passengers eating oranges, they caught noiio m the act of taking thorn:until the present accuscd was seen. There was another man with accuscd, but he could, not' be identified in the morning, as he had shaved during tho night. His Worship said tho chargo was ono of theft of fruit valued at .Is. and the Court could only deal with this particular charge. The evidence was against accused, and lie must be convicted as a warning to, the public. Ho would bo fined os., and costs 25.,in default twenty-four hours' imprisonment.

BREACH OF THE PROHIBITION ACT. John- Calvert was oonvictod-and fined £3 and costs 75., in default twenty-one days' imprisonment, for having been found on licensed promises during the currency of a prohibition order. ' . , * David Brogmus appeared on a similar charge, and was convicted and lined £2, in default fourteen days' imprisonment. •On a further charge of habitual drunkenness accused was sentenced to- two months' imprisonment with hard labour. INEBRIATES. . John Garner. Thomas Mason, Thomas Jennings, and Alexander Bullock, were each convicted and' fined 10s.,'in default fortyeight hours' imprisonment, for drunkenness. Two first-offending inebriates were convicted and fined as., in default twenty-four hours' imprisonment, and two were convictcd and discharged. . -\ CIVIL. CASES. [' (Before Dr. A. M'Arthur, S.M.) Judgment was entered for plaintiffs in tho following civil casesAbbott, Oram and Co. v. Clarence A. Wilton, £21 12s. 7d., costs £2 145.; Fildes, Mitchell and Co. v. Larkin Bros., £9 16s. 10d., costs £1 us. 6d. AN ADVERTISING CONTRACT. Sorao interesting points we're raised in a defended case, M'Guiness and Langdon, advertising agents (Mr. Neave) v. E. W. Mills and Co., Ltd.. (Mr. Blair), a claim for £7 7s. for a full-page advertisement in tho Wellington Harbour Ferries Company Guide. Tho claim hinged on a guaranteed circulation of 5000 copies of tho booklet. During the course of argument, it was stated that only 2000 copics had been delivered, tho balance being still in the hands of tho printer. Two nonsuit points were raised for tho defcnce by Mr. ißlait.. In tho first-place, he contended that the publication rlid not bear tho name and address of tho printer as required by Section 5 of tho Printers and Newspapers ■ Registration Act, 1886, therefore tho issuo was illegal. The section in question, ho stated, required that every person printing a paper must have bis narno and full address printed on tho first and last pages. Section J of the amending Act of 1892 also required that a publication if issued by a company should bear tho company's nam6 or 'some known abbreviation attached, also tho address .of the registered office. Counsel for tho defence further contended that plaintiff had not succeeded on account of tho guaranteed circulatioivnot--having, beon. issued. ■ Mri Neave argued that the fact that tho printer had omitted a duty had nothing; to do with tho contract between plaintiff and defendant, and also mentioned that tho order was being executed in sections as required by tho Ferry Company, and that the whole of tho 5000 cppies would bo delivered in due course.. > ,

His Worship did not decide tho law points,but held .that plaintiffs could not succeed whilst tho contract-, remained uncompleted and nonsuited plaintiff with £1 Is, costs