MAGISTRATE'S COURT.

Dominion, Volume 2, Issue 505, 12 May 1909, Page 11

MAGISTRATE'S COURT.

! (Befoie Mr. W. G. Riddell, S.M.)' SHELTER OF THE CHURCH. 'An old man, named Thomas Brodie, ap- . , poared in answer to a chaigo of boing a Togue and vagabond within tho moaning of tho Police Offences Act, 1908, in that ho .' was found by night without lawful excusain St. Joseph's 'Church, Bucklo Street, at midnight on' Monday. 'On tho application of Sub-Inspector Phair, acoflsed'was remanded to this morning, as it was stated that another charge is ponding against him. , UNLAWFULLY ON PREMISES. 1 A youthful-lookmg man, named Walter Patrick Millano, pleaded., guilty to having ■ been found by night without lawful excuse . on'certain premises in Street. Sub-Inspector Phair stated that accused had been staying at tho house in question at one timo, and, aftei he left, persisted in going back periodically. The occupant of the house did not wish to seo accused eo to gaol, but wished it to bo made clear to him that he was not to go to the house ( His behaviour had been tho outcome ot i drink. ' t ~ A His Worship rnteied a conviction, and order to come up tor sentence when called on. ciVIL IJDSINESS" (Before Dr. A. M'Arthur, S.M.) - • UNDEFENDED CASES Judgment was entoicd for plaintiff, by default of defendant, in tho following civil ■ cases .-Miramar Borough Council v. RoI bert Chase-Morns, £2 2s. costs only, IMias John Forbes v. L. H. Gordon, £1 ss, costs 14°.; same v. Wm. Woodgate £4 10s, costs £1 155.; Bates and Lees v. Hall Carr Dowman, £1 55., costs os. j Robert Edwin Scrutoii v. Übas. Carter, £1 6s. lid costs os.; , Brodio and-M'Millan v. Watnoy Chas Sibiin, 2s. 9d., costs 10s.; Richard Keone v. Evelyn . Burnett, £78 9s. 7d., costs £4 95., Hutchoson, Wilson and Co. v. Wilson and Wilson. £2 3s. 4d.. t co3ts 135.; Findlay, Dalziell and Uo. v. Iluiha Horomoua, £20, costs £3 65., "New Zealand Times'. , Company, Ltd. ,v. R. L. Henderson, £5 16s. 3d., costs £1 3s. 6d.; D'mdlay, Dalziell and Co. v. Alexander M'Grcgor, £2a4s. 6d., costs 18s ; Wellington Operative Bakers' Industrial Union of Workers v. Ernest Bowles. £1 2s. 6d , costs , ' fis ; samo v. James Murphy, costs 6*:! Kirkcaldio and Stains, Ltd , v. Richard Simpson, jun., £6 145., costs £1 3s. 6d.j i Michael M'Grath v. Reginald \\elsby, to 10s. 6d., costs £1 4s. 6d., Wellington Woollen Manufacturing Co., Ltd. v. Francis Owen M'Kay, £18 Bs. lid., costs £110s. 6d. No order was mado in tho judgment sum- \ mons case, "New Zealand Times" Company, Ltd, v. Thos. Mitchell, a dobti of £1 os. i DEFENDED CASES. (Before Dr. A. M'Arthur, SM.) COLLISION ON KARORI ROAD. The circumstances attaching to a rccent collision on tho Karori Road were ventilated when Queenie Warren (Mr. O'Lcary) sued (Antonio Frandi, "trading as Frandi Bros (Mrr Levvey), for £75 damages. PlaintiS claimed that, ou Octoher 28, 'an employee of defendant's rodo a bicvclo so negligently and carelossly as to collide with her. and knock ner / down, causing injuries which compelled her to obtain medical assistance, and mcapaci-' tated her from earning her livelihood The claim was made up of loss of wages, dootors ] and cMtaists' exponses, damage to clothing, I nnd general damages. Evidence for plaintiff showed that she was walking along the Karori Road to catch _ a tram when defendant's employee", who "was carrying a milkcan on his bicycle, .collided with her, and knocked her down. * * Mr. Lewey raised three non-suit points— that it hachnot been pro/ed:—(1) That tho man on tho bicycle was in defendant's employ ; (2) that tho man was acting on defendant's orders at the time of the _ accident; and (3) that the man was, at the time of the accident, acting about, or in connection with, defendant's business. The defence also set tip that the accident was inevitable, and was caused by the contributory negligence of plaintiff. When portion of defendant's case tad been takon the case was adjourned to this morning. { POSSESSION OF A HORSE, AND DAMAGES. i Wm. Burrill (Mr. Buddie) claimed possession of a horso and £5 damages from Michael Head. His Worship gave judgment for possession of the horso before May 12, and damages £5, also costs, £2 11s. 6d. (Before Mr. W. G. Riddell, S.M.)

; -■ ■ J'cOITOERNING!iiPEOMISSOEy;;NOTE/ ' ■<■." The" 'Wellington loan Co; (Mr. Neaye) sued M T Girr/ofTe iroha (Mr. Blair), ':"•• •' forXtne'sum'of £10 la.' 3d;, thoclaim being ■.'. '.' for the amount of;a promissory note for:£7. ' :.' f 4s.'; : : alleged, to: havei , . been dishonoured,' and , ; : mMr^st'/4or:'fiy:e.''ywa-'aiid; : fortjrrtwo' , dßW at .\ i; ' 8 percent.'per annum. ;> •';!;• V :;(.\- ..•;•. ".' ;.;:■.■ After a,lengthy'hearing: judgment was.re-; V;-,' ; >;.v,v';;i,i^ v ',v!';-; N » i: :;.',;; -iC ;;.. '■■ I /■■■■'■i:'ResMv^.idMisi6ny'Tasvgiveii-\ ; j .' : ii' Arthur,' S.M;'; ;; in':;the- test' case :of -the; \ ; '' ''.Wellington Unitcd'Furniture; Trade ludus- :\ ./.-trial Union.'of 'Worlcprs (Mr; ; Wilford) v. the V.D.LC. Co. (Mr. , Levyey),;;a claim to recover .''\.■••il' ,: from-defendant'as penalty for a breach; V of''the award oFthS : Furniture ■? V ; -Trade ; TTnion,. dated:.March 2S, 1906; The -f. ijalleged. breach/.vvssrth'ai;, :on February 1; 1909, '.I Jas. G. Marsliall •:!, as :a , ;carpet plannerj-',>Marshall : not being a' ■''■ \in6mber of;the tinibn '.. and; at a '.timo when' a ■ '■' ■' :! membor : of; the;' union;: one:. Frank; [ Mathers ':.'•■. :'equally. (jualified.to do the. work, was ready ;-;:.Vi''";iuidvfrillirig;to : >uiidertßke'.'it/: , /-The''deffflice set- ;■'•.• v : tpsw^S:'that: ;^he r i awaTd.p'rovided;'ihat/^em-. '.',; ; : '.ployers' should .not. to. , dismiss \':; ; - ; : Vo^iefuse;employment,,to any person legally. ■; ; came into :, ■■'.■■':.; :fol-cer, showed' that; Marshall : fcad' ■■;'•', '■'eeived; ah;. apprenticeship, -was continued ; ""■•■■. 'ron'.'as:a journeyman...'AVhen he was a journey- ' ;':inan:he.had;been asked to:stand : dowhfor .a ■'■' :'.:•' .day,'.or"two; wring l, to ..'slackness ;'of -work. ' He .-, ; ;.was;'again; t'alcen.oni'and-'if'.was argued for ■ ■:;; : 'the"uni6n that he had ceased, to be employed. " v ;■;• by/aefendantsj-arid tHat putting-him on again ■ '.':: ,'was'*a'newiempl6ymeuti .and consequently a '■ - ■ breaeh' of the:preferdnce clause of tne award. '' ,- : Hii;Woirßhip : ;--said ; that; he .Tcould -not/, agree ■ ■■"• with;\this .contention.. ';, Suspension was /' .:• aclniovledged>by^'; " ; that .there ;■. . {might..bpinb"l'abusoi;it .was.limited to a per'ic»J ■"■'■■ ;.'of;tendiys.l>eyond,whicl pterin it wa's/'deomefl ;. : : \-.to'-bg •dismissaj... : Jh. many'fkinds'bfiemploy- ;' '•'. :•'■ meiit .the're!ation".;of,!niaster. and-seryant 'did .:,•:;•. iio.t.'necessarily cease'on the suspension of the ;:•;.;; seryint slackness .of work. ;.A_.mere ■".;•' ui .the earning, of wages did not ;;"- •''.: of itself coilstitute a cessation of : tho: : relationr ;;. ..."ehip^dfi.m'aster. , and eervant,; , ; After guoting v ■ ' outhoritics on this subject, his -Worelup ,wont • :>:'. iri';the : ;case'■ under,, .notice, , tnero'jWas ho-unwillingness on ;tho ) part; of ; '■'■'.";'; darendih't: ; 'to':'give ; ,'work,'or' on tho part of ..•;■■; ■Marthall; tp: acoeptCwork. : ;TierefoTe;; in tho : .Vopiilion*of. : tho Court no'break in' ■ \ /i.tbo'rilatienehip of master, ond.servant, and '■•'; . honce:no breach ; 'of the award. His "Worship, '•... '•}'■ iMcTtmi' to I Section .60 of .tho. Industrial ■'." : /.'"!-.-CoJi;dilieti*n . and Arbitration Amondment :,">■': : fsaid::'];.; that .Mr. : Wilford- '..'.. ''•... hifl-ii'-irjnod.y,-tJiat;.;' .this..; section ...rc",:p*ak>d. ,S«rtion ilO9 :,of Ath'e principal Act, '; ,: and that tnereforeijlio judgment of .tho' Court : ■/•in.jffiojNepier'.PiintOTsVind DecoTators' case .''■'•'•'•'.- was nat,npw law.:" His' Wbrship did not agreo ■;..; ; with thie' argument; as every .word:of : Section ■.::-:". 109-.'of,.;:the.-principal /Act-is /re-enacted and , : upon' in.:.Soctipn';6o!bf'the Amendi; ...'.' -infent .Act.'-f.Moreoyerjvhoither of the.seotions '.. ,■■ are/at ill-;applicabj6';te;;the;preseut"case, as :■• v... thby'bnly; pro*ido;'d:penalty':for the improper '-"..■ ; l ; '':;v.::'.;;.;'; : ;' : ;.' \ ;'.■;■'-: ....•■ • ;-The;.d^\, costs. : •.. ■.; • Leave" was'groh'teel to:appeal.to the Arbitra- ■ : ':-|i6n Cdiir£.'.'.r.:■■•■:..?:.;:, : -v..'.■;.-•:.:'- : : :.'-"-';' ■.' .'. ■';•

: C AN EXCHANGE DEAL. . • Besorved \ judgmont was given by Dr. M'Arthur in:the Loner Hutt case P. L. Harnett (Mr.Dix)v; W-. E. Timminga (Mr. Ward);'. Plaintiff'claimed £25, for , work, journeys, and ' attendances as a commission agent jn the exchango of a certain shop and dwelling, tho property of defendant, as agreed between tho parties... After reviewing the evidence, his -Worship gave judgment for plaintiff.- : ;>; :^vV ; . ;:,■;■■■;■'■• ■ ■ :■:•■'■■ ■ ■ • ' : : '. LANDLORDI TENANT.' ■ Mr. W. G. Eiddell delivored his rosorved judgment in tho case of Ellen Stovens (Mr. Bolton) v. Camilla Leslie (Mr. Toogood), a olaim for £18 11s. 7d. ■The plaintiff stated that, on November 25, 1905, she leased to the defendant for a term of three ; years a house,' No. 4 Hay Street/on condition that tho defendant should use tho premises "in a fair. and tenantable manner, fair-wear and tear-'alone excepted." Upon tho expiration of tho tenancy, plaintiff ascertained that tho defendant had not used tho premises according to, terms set out' in the agreement, arid forthwith notified defendant tliat 'certain; repairs would have to bo carried out. 'Defendant did not effect the ronaira,and-they were done by tho plaintiff, at a cost of £15 14s. 7d. The. plaintiff claimed for recovery of this amount, to■gother with £2 17s. for rent during tho ■period tho repairs were being effected. 1 The defendant denied liability, (with sdmo minor exceptions) on the : ground that tho items requiring repair'must: be regarded as tho result of fair wear and tear. 'After 'commenting on -what .constituted ,"fair>wear and tear." his Worship went, on to say, that the parties -we're .not. on friendly terms, arid their bvidence as to the amount cf damage- done was contradictory, and hardly reconcilable. 'The plaintiff gave the defendant an opportunity of being present whonthe house was being inspected the. day after the tenancy expired, but the defendant declined,the invitation, vThat .being so, his •Worship' thought'that. the- evidence of a builder, who mado an inspection the morii■•ing after tlie expiration of the tenancy, must be • taken : as substantially correct so far as regards the items:requiring repair. . After reviewing the.evidence, his Worship, said that, in his opinion, plaintiff.was entitled- to the amount;;she,'claimed for repairs, less £1 15s. 7d."- The, Court held that repairs could have, -been■■-.'carried•' put in : ,a week,'and allowed:£l' : 155.: for : rent, pending the- repairs. ". Judgment. would ..therefore be' for -the. plaintiff,-:for £14 4a.j; with'costs £4 7s.'' v",''S'i. ; :''/;'^'"'': : . ; .'V^i-'/^UGKLANDINEWS^^^b''. ; : • '- (nr TEi.iaßArn.—srnciAt c:>brsspond]snt.l : .■■■•'':- : ' : 'V' 7:;'!:;'.;:■:<- 'May 11. _' The volunteering movement in Auckland is at present allowing .signs of- a;revival. Tho recent "call to'arms':', by tho Officer Commanding the Ist. Auckland Infantry Bat-: talion (Countess of Ranfurly's Own) resulted in-an addition fifty members to tho various companies comprising tbo battalion; Other: branches, of ..the Service/recruited month,; one garrison' ■■ securing no," fewer --than eleven recruits in one'bateh. .'-, v ' Sir Joseph of a Dreadnought to. the. British'Cabinet'was responsible for the appearance. of 'an old veteran at the Police Court yesterday. The old soldier explained his lapso from the path of sobriety by stating that it had been caused by Sir Joseph , Ward's '.."of er.". of , , tho. Dreadnought, to the BritishCabinet , .''He said he had been picking: up a.few. recruits because conscription was coiningan;- "During tho Crimean War, you know, , . , saidhe, ,',' wo had to get them." In reply to, a remark , ' .by. the magistrate that he fiad heeii prohibited, ia 1907, accused replied, '■':'■ Well;this'is: 1909, and it is now nearly two years: BinceVybu':iast- hacL.the* pleasure of ~gazing,upon ;He was convicted and discharged on •hisVpromise as: a soiuier not to .drink'to'.?excess,'in■future.'...■■..."'.' ;. :\. v: An>inip6rtant conference of representatives of 'county, councils, will be. held in ; .the. Auck'larid::CnambpJ rooms to-morrow to' discussj,:tlii;;;q4esWn''of rating of Native .lands'.'; The / '>eojifw#iice" / has: been,, organised by, the.Raglan*'County Council; ; ana "in' asdi"tion to ithe , question of rating, the opening .up-.bf Native lands will be' discussed. ,Tho ■position is that i local body may rato-'Nittive lands and recover judgment'in default of pay■merit,.;but ;the Rating Act. proviuea that Native 'land is inalienable, and. the" Native -Minister may pay the rate or the amount of judgment. : This, however, he has never boon known, to do, therefore Native lands, notwithstanding* that the bulk of'metalled roads run through them, pay no rates, and tho burden of ..taxation As borne .by Europeans, Tho localvbooies'.for.the'past twenty years have been;agitating for.an amendment to the law,making it mandatory" that judgment against Native lands:"must ,, —not "may"—be.satisfied' by tee'.Nativo..Minister..:. Appeals have been'made in vain,and as a result tlie pre.sent conference,has beencalled. with a view to obtaining united, action on the part of local bodies throughout the Dominion in order to impress on the Prime Minister the 1 seriousness of the position.-.;•"''■ : ■'..?': ,'■■ ;',■'.