MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 476, 7 April 1909, Page 11

MAGISTRATE'S COURT.

(Before Mr. ■«'. G. Riddell, S.M.) A LIGHT CHARGE SHEET. i Tho charge shoot placed before the Court yesterday comprised only two cases, which woro disposed of within five minutes. A young woman named Charlotte'Waite, alias Stone, pleaded guilty to a charge of importuning. Mr. Meredith made an appeal for leniency on behalf of accused, who had ono previous conviction against her name at Auckland, in 1907. His Worship said that he wouldnot send accused to gaol on this occasion, but would give her tho option df a fine. She would bo convicted and fined 405., with , the alternative of 7 days in gaol. Oiio first offender for drunkenness w ( as convicted and fined os., in default 24 hours' imprisonment. JUVENILE COURT. BIRCHINGS ORDERED. Two juveniles oppeared. before Mr. Riddell, 8.M.,, in his private room on a charge that, on April 4, thoy did break and enter the dwelling of Arthur Hagan by day and steal tho sum of £4 10s. in money. One of the boys was 15 years of age, and the other was 13. The elder of the two lads was convicted and ordered to como up for sentence when called on, arid inf addition was ordered to •receive eight strokes of tho birch. The lad's father was notified that he must refund tho sum of £2 os. 2d. The younger boy was also convicted and. ordered, to como up for sentence when called on, and was ordered to receive six strokes'of the birch. His father was ordered to refund Is. 6d., and tho money found on accused was ordered to bo returned to tho owner.

CIVIL BUSINESS;

(Beforp.Dr,; A,.M'Arthur/ S.M.) , V.-- UNDEFENDED CASES. .-■■•' Judgment'was: entered-.for .plaintiff , by tlofault of defendant in the'following cases: — "John H: 'Wood-ley r. J. M'Leod,-£l-65..10d., costs 95.; Ballinger Bros. v. Everard Cecil Farr, £6 25., costs £1 3s. 6d.; N.Z. Express Co., Ltd., v. JohnjPercival.Shipton,' £1 14s. 3d,, costs 155.; Herbt!' John ' Jillett'r. Frank Esl, £14 16s. 10d., costs £2 Os. 6d.;Wm. Wiggins vv-Fredk.-H. .Trevellian, ..£ls. Is. 10d., costs '15s;-; Bates and Lees v. Harry "Tawcett, £6-05..10 d.; costs £1 3s. 6d.; Wil- . ford and Lovi v.'Chas. H; Smith', £4 11s. 7d., costs 135.; j. Myors'.and'Co. v. Win"; Burfield Galland, £12 18s. 4d., costs'. £l,los;'6d.';Elias John Forbes v. Arthur Larson, £1 12s. Gd., costs 55.; Jas. Chilow v. A. Peters and Son, £113s. 6d., costs os.; Wellington Traders' Agency, as assignee of G. H. Thornton, r. Kan Kee, £3 25., costs 10s.; Tβ Aro Loan Discount and Investment ' Co., Ltd., v. Edward Wm. Wilton, £8 ss. 3d., costs £1 ss. 6d.; Louis Wm. Ludwig v. Alfred John Knocks, 125., costs 55.; Goo. Winder v. Victoria Grigg, £7 13s. 9d., costs Bs.; A. Dinidoro v. E. R. Smith, £1 65., costs 55.; Lux Light Company v. Wm. Samuel HurComb, £10, costs 18s. 6d.

■ ' JUDGMENT SUMMONSES. In the judgment summons case Moncrieff and Young v.. Edwd. Kibblewhtte, a debt of £12 65., debtor was ordered to pay on or before April 20, in default 7 days imprisonment. Gerald Islierwood was ordered to pay O'Regan and Dix £4 55., before April 20, in default 7 days,' imprisonment. ■ - -' In the- caso. Miramar Borough, v. Ernest JiMward Ji'dmonds, debtor was ordered to pay £1 2s. on or before April 20, in default 24 hours' imprisonment. "OUR REGIMENT" IN COURT. DISPUTE AS TO ROYALTY PAYMENTS. (Before Mr. W. G. Riddell, S.M.) A claim concerning the- royalties on the production of the comedy "Our Regiment" was the subject of a dispute in which Wm. M. Tilson, London, sued Dunbar Sloane, chemist, and Leonard Brookes, rate collector, for £15 los. The statement of claim set out that plaintiff was the registered proprietor of the copyright of the play entitled "Our; Regiment," three performances, of which were given by defendants and others (the Mountebank Dramatic Society), in Wellington, on September 28, 29, and 30, 1908, without the permission of plaintiff's agent and without paying the royalty claimed by him. Plaintiff consequently sued for £15 los., being at tho rate of £5 ss. per performance. Mr. Gray appeared for plaintiff's representative, and Mr. Hislop appeared for defendants. Bert. Royle, -New-Zealand representative of Mr. J. C. Williamson and of tho attorney of tho plaintiff; stated that defendant, Mr; Sloane, called on him, saying that he had heard witness was' the agent for the play, "Our Regiment," which was" about to bo produced. Witness intimated that the feo would be £5 ss. per night if paid before tho production of the piece, and £10 10s. per if paid after the production, Mr.' bloano said that there was no-money to -the credit of th'e Mountebank Society, which was producing the piece, so he would tako it as an obligation if witness would agree to tako £5 ss. per night out of tho box receipts. Witness agreed-to this, and Mr. Sloano gave' his personal guarantee that tho" money would be paid. Witness applied for payment on several occasions, but did not get the money. Later Mr. Sloano told him that some members of the society had raised the question that the copyright had run out, and'had urged that witness had no right to collect the royalties. Witness showed Mr Sloane his power of attorney, and the latter said that he was satisfied. ""The' copyright still had some years to' run. In all the negotiations witness had nevor been informed that the society paid £9 9s. to Messrs.- Braith-' waite and;: Co., .of Dunedin, for three perforniitnces.'- The first he heard of this was Jrom his solicitor. . Five guineas was the price agreed upon between himself and the agent m Australia of tho holder ofthe copyright when he (witness) took over the agency. . , . .. •

flios. J. Farrell,- employed by Hγ. Royle corroborated ; the evidence in., reference to Ixr. Sloane's arrangement as to payment from box-takings. This concluded the case, for plaintiff, and further .hearing was adjourned until Thursday morning. CONCERNING A CASH EEGISTER. Richard T. Badham, accountant, liquidator of Yorex, Barker, and Finlay, Ltd., sued Frederick Henry Evans, florist, for £3.1 13s. 4d., price of a cash register alleged to have teen purchased by the defendant under agreement. Defendant asserted that he had had the machine only on hire. After a partial hearing, the case was adjourned to April 15 to enable another witness to be called. Mr. W. H. D. 801 l appeared for plaintiff and Mr. Neave for defendant. (Before Dr. A. M'Arthur, S.M.) RENTING A RIVER-BED. The Haywards Land Company, Limited (Mr. Toogood), claimed £12 from Geo. J. Mitchell, of Tuitn, farmer (Mr. Dix), rent of portion of the bed of the Hutfc Iliver, alleged to have been let by plaintiffs to defendant on May 11, 1908, at £12 per year. After hearing evidence as to the contract, his Worship reserved his decision to April 20. CLAIM FOR COMMISSION. Fabian Bros, and Co. (Mr. Fair) claimed £20 from Herbert l'Vancis (Mr. Brown), commission alleged to be duo on the raising of a loan of £2000 on a property at Tariki. After hearing the evidence, which showed , -that' the loan had not been completed, and in which defendant denied that the -commission had been earned, his Worship nonsuited plaintiffs, with costs £2 2s.

I RESERVED JUDGMENTS.

INTERESTING COMMISSION CLAIM.' Judgment was given by Dr. M'Arthur, S.M., in the enso William Lingard (Mr. Gray) v. Emily Weiss (Mr. Findlay), a claim for i'lo for commission on the salo of dcfondant's wine-selling business to H. t. Lawson. This case, said his Worship, involved one of the much vexed questions or payment of commission. A purchaser was found by the plaintiff, and paid plaintiff a deposit of £10, but when the purchaser found that ho had to pay rates and taxes, lie was not ready and willing to complete. The- rates and taxes were not mentioned in tho authority given by defendant to plaintiff, and it was not until tho intending purchaser was informed by defendant that ho had to pay rates and taxes that he knew of it. He swore that plaintiff made it clear to him that £5 a week would cover all the expenses. Tho issue appeared to the Court to be narrowed down to the question whether the plaintiff found a purchaser able and willing and ready to complete. His Worship did not think he did. The defendant ■ absolutely declined to accept tho oiler 1111 writing' as put before her by the* plaintiff. It appeared to tho Court that no effective agreement for sale was made through tho plaintiff's responsibility. He ought, in his Worship's opinion, to have known that rates and taxes were payable, and ought not to have informed defendant that £o was the total expense per. week. After referring to authorities quoted, his Worship gave judgment for defendant, with costs £2 165., on tho ground that, although an agent procures a binding contract, he is not entitled to commission unless the purchaser is accepted by the vendor, or unless the purchaser is able and ready and willing to complete Security for appeal was fixed m the. sum of £10.10s. "AN IMPUDENT CLAIM." Reserved decision was also given by Dr. M'Arthur, in the case L. C. .Burke, carrier (Mr. Organ), v; Bertenshaw and Evenson, auctioneers (Mr. M'Grath), a claim for £40 damages allpged to have been sustained by reason of defendants not delivering to plaintiff a liorss sold by defendants to plaintiffs by public auction on December 9. His Worship considered this .was. nothing moro or less than an impudent claim by plaintiff for damages against an auctioneer for £40 for non-delivery of a horse, sold for £4 los. Defendant wa's offered his money back at once, but declined it, evidently considering that he had a "good thing" on. Plaintiff had paid £4 155., for which ho was entitled to judgment, as the amoupt had not been paid into Court. No costs would be allowed. A CARTING CONTRACT. Dr. M'Arthur delivered a third judgment in the caso of M'Ewen and Carter, carters (Mr. Pethorick) v. William Wilson, road contractor (Mr. Arnold), a claim for £27 2s. 3d., for carting at various times between June, 1908, and February, 1909. The defendant disputed several items, ■ and his Worship allowed him a reduction of £3 45., judgment being for'tho plaintiff for £23 18s. 3d., with costs £4 2s. . . •