MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 160, 31 March 1908, Page 4

MAGISTRATE'S COURT.

j POLICE CASES. (Boforp. Mr. W. G. lliddell, S.M.) : 1. A CHINAMAN ASSAULTED. Robert Lauder or Morton, whflrf. labourer; pleaded guilty to having, Pn'March' 28, unlawfully, assaulted Jim Leo. 1 /' ' 1 Sub-Inspects 1 informed the Oourt that-defendant went iiito prosciiutbr's laundry ;iii Molesworth; Street ,at the samo •time as a wman, v,'ho askcdffdr' somo wash-' „"S-,., ; Vh«n'anpn • was not paid "for tho washing, \aiid.' when, lie protested--against tlio pair leaying/without/paying defendant: struck". hini.iNlhe. Chinaman: followed, defendant out .011. to tho, street, }vliere imaii' struck, him again;.. One of. tho, witnesses of tho-assault' characterised it-,as ''brutah',' '1 ,/, !, . Mr. O'Learywho appeared.for, the defence, staged that.defendant . was / muddled- /with drmk at the time of. tho ,assault', ■ biit was under tho impression that the Cliinadian assaulted him first. . ;Defendant's:!,hand was' seyoroly mured;where he alleged 1 the',Chinas man had bitten him. Counsel,asked oncy, on the, ground that defendant- was 'an Honest hardworking man.. His -Worship ini.posed,a conviction and firie-of £3,' and costs Wi lfl default 14. days', imprisonment. Fortyoiglit .hours was allowed in which, to pay the

/' BREACH OF THE STAMP ACT

.., Charles Sydney- Pees pleaded' guilty to.'hav.mg, on or about. August. 1,/ at Wellington, writton. and signed: a/rdceipt.,liable /to -duty' .Without, the. same being .duly, 'stamped; viz'" fer the '.sum';of £3 15s/;paid' ; by W.'H.^lVlatuh^ws. for. rent/ : - -"It; '.was stated,- by bnb : lnspcfctoi", O'Donavail 'tha't £3 15s. ' had'' : be ° n P? ld ?s rent, in; one iuThp,' and -had been ontorod lip ,as ;15s. /bach: week,, withoutVa stamp being . affixed;::', Defendant' admitted that, ho had; failed. to ist-aiiip this, particular leceipt, but stated that it' was-an-oversight 1 on his parti:. Ho. :knbw ,it should have, been •stamped." His Worship pbin'ted' out that payments of /over ;£2 must- bb istamped; : Defendant would be convictikr ,and - fined -10s.', and costs' 75.,- in /dofault 24'hPurs' .imDrisonment. " ■//' / ;:/ •. '/.v'//;j:' , • '' A 'STOLEN WATCH RECOVERED'/ • Ricliard Harris' 1 pleade<l .''hot guilty td' a' • charge of having,. 6ri ! August:/27,/btblen a" silver valued/ at/;£4;i the ,'prdperty of i Donald M'Leod. .■ ' - - ~ JJ. Missen,'/ jeweller's / assistant,: deposed that ho'sold the watch (produced) to igof" '^"'^..Oonald;M'.Leod;,on Mbrch 25,, '■vCinrtaW Mahoney - stated that' oh August IULePd-Toported having lost a 'wa!tbh.' " -jj J°hn Griffiths; pawnbrokerV stated that' on September .7 lie received tHe Ivatcli (produced) from ;a man, giving, the .name'of Harris'/' Thoi 'samo . redeemed tlio watch on'SoptemJ ,ber">l2. :>• ,V 1 •„> i/Ebpuezer/ ftfetz, pawiibroker, deposed that .accused-called at his shop on March/20,'arid wanted ;to pawn- tho'-watch .(produced)'.-, /Wit- • *°njid tiiat the watch was on record us : ji stolon 0116,. and,, -in- 'reply to,a .question"as .to whero.ho. got--it,..tho mall,stated thht Me ■ had bought'.itrdown.the street for£9 < • : Detective Connolly stated that tho' watch jras, found' on' accused, who Said ho had bought; it: ! for '£1 from - a/man, : who said he' was'hafd.'up;.'., Accused 'gays a dcscrip'tip'n-bf tlio man, but, did,not kno'w.-either lns'riame' or. address. - ;• - Accused declined to make/ a' stateiriont to tho Court. /.', : /:' ... ■ ■ ... ,

.His Worship; romarkdd; that tlio evidenco J^ G ; PVosGcution stood- unchallenged.'" Do-, feuaant .would,bp. roinanded,until Wediiosday" for..sentence,, to enable the; p-nlico to riiako inquiries as to his/previous' character. '.T ■ ;■ THEFT" OF ItELD .GLASSES AND A : , /; . / BICYCLE '/,A.young, man: named, Benjamin - Diver apPc.ared. ior.seiitenco ;on. a charge/of, sfealiug, on March-'4, at Wellington,', a pair 'of held' glasses ya ued at £3, tlio property -of (Thomas ' Cooper; .Accused was also charged.with lwv- . , cn March 20, stolen A bicyclc,':.valUo £IU, tho property of James Rod. A plea of guilty. \Vas entered to/ tho.secondi charge. -' It W'is stated- by the police that .the bicycto'was stolen' from out-sido tho Bank' of; Australasia, i Acciiset) had only been iri tho/bouiitry/hbout .•three'.or four/month's, and : since his arrival here had boon 'Oihplpyed occasionally on 'tho whart. " A sentenco of two months' iniprisoninpnt was imposed on tho fi'rst-ch'nrgcrand'a' similai , seritencb. was entered, on, the: second charge,■' tho;s6riteiices to run obncurfently.

, ; ASSAULTING :A CONEECTIONEIi . A well-dressed man, Thomas Casey, 'alias King alias Kelly,'-alms' "Liverpool Jack " was charged with wilfully damaging a pailo of glass valued at 55., tfie property of Walter' iloot confefitioner,' and, also," with assaulting Walter Boot, - A plea of. guilty was cilterea "i t e ®°h ' case. Sub-Inspector/ O'Donovan stated that'defendant went into complain-' ant s shop .oil Lambton 'Quav about ten o clock on Saturday night, and, when ordered' to leave, tho assault complained of took place on ,: t '!° fi rs „t charge dofoildint was convicted and nned 205., arid ordered to pay for the amount , of; damage done, iii . defaultseven days imprisonment'.. "On tho second' cliatgo a conviction and fire of 405., in default 14 days' imprisonment, were,imposed. • ' ' /'■;,' MAINTENANCE.'/ ~/ / For disobedience'of an order for tlio maintenance of his wifo, Thomas Smith' rfas convicted and sentenced to ono month's ■ im-prisonment,-.warrant to bo'suspended so,lone as 12s. per/week is paid-off tho arrears, in adaition_to tho 12s. jjor wcclc duo under tho oruor. Dctondanfc was,, also ordered to nav iCI Is. costs.- 1 . V . , Gcorgo A. Ninuesa was ordored' to* par the , 7 . 8 ' il week towards tho. support of his illegitimate child, and was also ordered to pay expenses ainpunting to £9 ss. ■ A PETTY THI^'T. ,A- you.tli named Henry Easton, 18 years of age, pleaded guilty to tho theft'of SGlb's of brass and one copper boiler,; valuo/£l the property of William Williams. 1 Mi 1 , liindmarsh ' pleaded for lenibhoy for ' accused,, .arid- stated that tile articlos woro taken from a' vacant section./ Counsel suggested that the Court should impose 'a conviction,, and order accused to come up for' called upon. Counsel guaranteed 'to seo that tho lad left for the couh- i try. . : ':/., V ' . ,' ' . Chief •Dotectivo, M'Grath stated that the' ■ articles were taken fronrMiv Williams's yard Clydo .Quay, and sold the following day.

His Worship ruled that .defendant. must bo sent- to tho country, where temptation: was not.so great as in the town. A fine must.be imposed—defendant would be convicted-and-fined 405., and ordered to pay for the' value of the goods taken, in-default 14 days' imprisonment. j MISCELLANEOUS. ■ For procuring beer 011 March 17 during the' currency of a prohibition order, John William Campbell was convicted and fined 205., ana costs , 75., in default seven days', imprison-, ment A period of seven days 'was allowed ill which to pay the fine. ->••• For insobriety Frank Fox , was convict-'" and fined 20s. v in default 43 hours' imprisonment., Ono first.offender was convictod-aua discharged. ; . j „. . TIIF, COMPANIES ACT. ALLEGED BREACH I • -The,.. Gear. Meat Preserving .and Freezing Oompany, Limited, ]and tho, New: Zealand 'Co-kjperatiro v Distributing , ' r C6nir were'.' 'separately 'charged with failing to forward to tho Registrar of Conipanies.'their; annual list of'members' arid summary .for tho-year 1907. " Mr. ilyei's ■ appeared for tho prosecution, ? nd ~M rv T- P - Martin and ,Mr: -M. ■ Luckio ror tho Gear .Company and tho Distributing Oompany respectively; ■ i;; , Mr. Myers,., for tlio..prosecution,, stated that: tho. information was laid under Section--101 of. tho Companies Act) 1903.. Tho eases under notice differed slightly from tlio cases •that woro before tlio Court under the "same ■soction recently, but tlio broad point at issue'was tho same in this case'as in tho others. _■ It - was •* not; suggested • that tho breach in either' of tlib'cases ivas : 'a ,serious one. T]io breach, indeed, was of' a -technical' character, but, 110110 the-less tho caso'for tlio ■prbsccution ..was that thero was a : 'breach. Tlio object of tlio prosecution to : indicato to,-g. number ;of. companies.in the samo position. as theso twP that' tliey were; not com-' plying; with the law, and that in futiiro tlioy must. comply,, as other companies did, with the provisions of tlio, Act.. r Section'; 101;; of tho Act states that every /company' having /a capital [divided*into shares shall makb once at least , in/ every year' a -list of -all persons frho.. aro members of • tlio.. coniriahy 011? tho: fourteenth day succeeding" the', day on Nvhich the ordinary, general; meeting is "held/ or >if theio, ,are -nioro ordinary general .meetings .than;,'one .ineach .year, /their 011. tho four-' teontli day : , succeeding tho day. on which the- 1 .first, of; • such ■ ordinary/ general 1: meethigs :i is; held, an forward tho'same to: the Registrar : of .Companies. • /'/''■/ /vW ■/. 0. / r 5 : -

... The Gear, Company held- tlidinmeeting oa. December 20,' laud: .filed'.their' return' on ct-mbei,-.- 30, Ainado,; up./ to. November;-'3O; Counsel [ admitted.-that / tho ;'.Company "did •file a there was -no morp tlmii a'.techliibal breach. /The meeting: of clip .Distributing/Company / Was held.. on ,:Deceriihei - 31, and they .filed';t-heir roturn oii "January .13, mado up to Deboinbor'3l. - . '/ / '': for -th'o.Vprosecution' argued -that year; meant; calendar year,./arid that tho rotiirii l , must;, be sent into, tho Registrar of: Con.panics. not; later .than December,. 31.;/.The last da;,*.,, on Which companies couldmbet would thereforo. bo December. 17. ,i v ,■:/ .■/.>/■

■ ,'Uoth. counsel, for;..the deferico.ci.t&;authori•ties to/prove that the--companies in. question-'lia-;l,: coiripliod . contfeiide.l -,on thd.ond.hand that a:company; ' could, hold/ its'jirieeting; atariy/liihoVduring the/year/;, arid .011/ the other that,;thpjiict;,was. bpiiig,.met'. sb:-:long as/tho/rotiirn/'ivasViiefft iii. ui.urteen ,days /after, iDecember: 31..'.// • ;*; i' l ,: His Worship Teserved/his r debisipn:A:,/';///:>' .'""T ' ;