MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 827, 27 May 1910, Page 11

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.M.) RECRIMINATIONS IN A BAR. Robert David Pliillis pleaded not guilty—(l) to having used obscene language, and (2) to being disorderly on licensed premises, the Prince of Wales Hotel, and refusing to leave when requested to do so by the manager. Evidence was given that defendant and some others were making a species of gymnasium of tho bar of the hotel, and they had to be put out of tho house. During the puttihg-out process acnusod used tho language complained of. There was, according to the police, one previous conviction against accused for refusing to quit lifiensed premises. On the first charge accused was convicted and fined £3, in default fouiteeu days' imprisonment, and on tho. second chargo -ho was convicted and fined 405., in default seven days' imprisonment. CUSTOMER STRIKES CHINESE. A charge of having assaulted a Chinese shopkeeper named On Leo wars preferred against Nathaniel Edward Wilson. It was stated by the police that Wilson entered complainant's fruit shop and ordered some fruit. He left the , shop and returned a little later, when ho ordered some tobacco and more . fruit. Ho ate some bananas in tho shop and threw the skins on tho counter. When the Chinamnn asked for payment Wilson replied. "I'll give it to you now." Thereupon he leaned across tho counter, struck tin Chinaman a blow in the face, and decamped. Mr. Perry, for accused, urged that fcho trouble'arose through Wilson hav- . ing had a little too much drink. His Worship thought tho assault ' was most unwarranted. Accused would be convicted and fined .£3, in default seven days' imprisonment, half tho fine to be paid to tho Chinama.ii. FOUND SLEEPING OUT. Having been found in an outhouse in Taranaki Street at 3.15 in tho morning, James Cheevers was charged with being a rogue and vagabond. It was stated by tho police that Cheevers had a. small sum of money in his possession when found, nnd could havo jiaid for a bed. A conViction and order to como up for sentence when called on was entered,' A plea of not guilty was entered by Kdward Brown, charged with being an idle and disorderly person within tho meaning of the Act, in that lie has insufficient lawful means of support. . Accused stated that ho had been in : town for nino.or ten days, having recently been working in Otaki for sev- ' eral weeks. He had a few pounds | when ho returned to Wellington, but ho had spoilt them. According tn tho I polico, accused had boon soliciting ord- 1 ers for a bed and meals, in company. ! with another man. Ho had certainly ' been away for a fow days, but ha had ; been doing no work lately. Accused ' was remanded until to-day for sentonoe to enable the polico to make fur- : ther inquiries regarding his move- , ments. | A conviction nnd order to enter the : Salvation Army Home for a period of ■ eix months was entered against Jessio ' M'Oormack, who pleaded guilty to being a rogue and vagabond, in that she had been found by night (at 3 ; a.m.) in an outhouse in Arsylo Street. S: ■:;..v.-,iNSOBEIETY. . Patrick Wost, charged with insobriety, was convicted and fined 10s., in • default 48 hours' imprisonment. Olio first offender was fined oa.

civil business;

(Before Mr. W. R. Hasolden, S.JI.) : 'UNDEFENDED CASES. Judgment was entered for plaintiff by default of defendant in the following civil cases:— Stewart Timber, Glass, and Hardware Co., Ltd., v. David Morris Owens,'£69 . 17s. Id., costs £1 10s.; Commercial Agency, assignee, and Cycle and Motor Supplies, Ltd., assignor, v. George W. Lawrence, £79 2s. Id., costs £4 9s. 6d.; Town and Country Supply Stores v. Catherine Dalloy, £2 Is. 4d., costs 10s.; Wellington Operative Butchers' Union v. Aloert H. Hunter, £1 65., costs 55.; "New Zealand Times" Co., Ltd., v. i David Charters, £13 45., costs £1 10s. 6d.; Humphries Bros. v. David Morris Owens, £12, costs £1 10s. 6d.; John William and Percy George Easson v. S. Guy, £2 O.s. 6(1., costs 55.; J. Myers ' and Co. v. Joseph Paul Davis, £35 2s. 5d., costs £2 145.; Mary Glennie v. Herbert Aitken, £12, costs 155., : JUDGMENT SUMMONSES. \ In the judgment summons caso, A. ' Adams v. William F. Leitz, a debt of £9 IBs. 10d., debtor was ordered to E pay on or before June 7, in default 8 ] days' imprisonment. ' Lawrence Inkster was ordered to pay < £4 2s. to John Coogan forthwith, in ( default four days' imprisonment. The i warrant is to bo suspended if debtor < pays £2 Is. on Juuo 9, and £2 15..0n J June 23. j In the case Jacob Morris v. Fritz 1 Hoise, a debt of £4 25.. debtor nas ! ordered to pay forthwith, in default three days' imprisonment. An order ! was made that the warrant should bo suspended if defendant pays 7s. 6d. per week from June 6. ] No orders were made in the follow- I ing cases:—William Brown v. Frederick i Munro, a debt of £3 12s. 6d.; and Ed- ( ward Pcarce and Co., Ltd., v. Charles ' H. Smith, a debt of £9 Us. Id. CLAIM FOR COMMISSION. Leonard and Co., commission agents (Mr. Blair), claimed £50 from David Lewis O'Donnell, builder (Mr. A. R. Atkinson), for commission said to have \ been agreed to bo paid by defendant for sorvices in connection, with the | salo by plaintiffs of a piece of land ; belonging to defendant at Kilbirnie, i and also for the preparation of plans ' and specifications for the building.l < Defendant paid £35 into Court, this I sum representing the ordinary Chamber " of Commerco commissi.ni on a sum of ' £1200, which was the price of the property, tho subject of the commission. | Plaintiffs, however, claimed £50, al- : legingt that there was a special '. agreement in this transaction. Defend- ' ant hull a piece of land and ho in- '■ tended to put a house on it and sell the house when it was built. The claim arose as a result of the negotiations between the parties, plaintiff alleging that, in addition to finding a purchaser for the house, he had also pci pared ' plans and specifications. • After a partial heaving, the case was ' adjourned until Tuesday next. CLAIM FOR ADVERTISING. The "New Zealand Times" Co., Ltd. (Mr. Samuel), claimed 4s. from W. Barrett, clerk, balance alleged to he duo for certain advertising in tho plaintiff's ' newspaper. His Worship gave judgment for the amount claimed, and costs 6s. NO JURISDICTION. "Reserved judgment was given by Mr. W, R. Haselden, S.M,, in tho cnan John Hall Flockton, against Oliver John W.

Soinerville, a partnership claim for £40 15s. 9(1. His Worship said lie felt bound to decide- that tlic claim was outsido the jurisdiction of the Court. Plaintiff sued on an account showing items in the aggregate of £1840. There was no agreed balance, no admitted payment or credit, and no admitted set olf. Bv the Magistrate's Court Act, Section 23 (c) jurisdiction was given for the rocovury of any demand not exceeding £200, which was the whole or part of the unliquidated balance of a partnership. In this case he thought it was a partnership mid not a mere co-owner-ship, hut there had beer, no ascertained balance. Plaintiff said he was chairman of a certain syndicate and submitted an account to a meeting at which defendant was present, there were no minutes and no resolution approving,, confirming, or admitting the statement of accounts. It was manifest that the defendant did not admit the correctness of the numerous items of debit and credit in the account. Tho action would be dismissed for want of jurisdiction. Mr. Beere appeared for the defendant, and Mr. D. Jackson for plaintiff.