MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 963, 2 November 1910, Page 4

MAGISTRATE'S COURT.

(Before Mr. W. R. Hisclden, S.M.) . MAORI LAND SALE. • COMMISSION' AGENT'S CLAIM. ' Reserved decision was, given yesterday morning in the casein which Charles Parata, land agent, claimed £94 14s. from Ngamoko to Rango, iNative, residing at Kilbirnie. Tlie claim was for money advanced (£2O), and commission (£74 of land (thoOtamakapua Block), m ; tho .Rangitikci district.';, :i . In giving judgment for plaintitt, tiio magistrate said: —Tho defendant enter.ed into a written agreoment/with plaintiff, whereby the latter was to receive 10 per cent. .commission ~on . the ,sale. Tho 'questions in-the case are : (1) -« as the commission to be allowed if the sale was to the Government? (2) Was the employment" of - : the agent (Charles Parata) terminated prior to the sale to the Government? (3) Was the sale effected through tho agency of plaintiff? As to the first point, the agreement states that: the commission is to j),cu p,a.id_fln .the either to the present tenant's, or to any; .other persons. In my oninion this does not exclude a sale -'to'the 'Government. As to the second point, my 'opinion^is that tho employment of the agent (Parata) was not prior-to-tne' sale. It was not terminated at all. As to tlm third point, v it is plain that, the plaintift endeavoured for a' long ' time to : sell' tno land. He introduced .the matter through the proper channels -to, the Government, and, though circumstances) ..he.ididj' bring thematter 'to a»; cdnwusionj? he began the viiesotiation".,which' was continued through the Hon. Wi Perq, M.L.C., and •was brought-tg a conclusjonoby, a sale. If the Hon. \Vi Pere. had been ; a rival commission agent-," .claiming.' - commission, the, case would have, been different, but he claims no commission.- -Ho hstates-that- lie-did not' wish ' to'xle'pnvc plaintiff of his commission. He assist-. r ed"(sM''tts"~a^§fallce^was — valuable), '.but did;,; not. s.; service useless, nor deprive plaintiff of, his .right fo rcceivo payment therefor.As to -th(3 . rate (10 -,per-cent.), it is; high—perhaps, too hi£;li—-but the par-; ties fully understood, and-.agreed, to the;! amount, and I do. not feel justified, in; reducing it. . :j .Judgment was accordingly given for ■ plaintiff for:- the;*,amount' claimed; £94., lis./ 'including the' ? ani6untvpaid into.. Court, £20, ■ with costs at per scale, j Security for leave .to. appeal was fixed at £10 10s;, ,'andj payment' of claim and I costs. •

UNDEFENDED CASES. Judgment by default was given for. plaintiff in the following undefended cases :-—Batos" and Lees v. -Charles A. Crockett, £2 6s. 6d., costs £1 os. 6d.; J. Slyprs ,and..Co". v. D. I. M'Donald, ■ ; £l2;.'3s! 2d., costs. £1 10s. 6d.; C. and A'."-Odliiv Timber and---Hardware Co., Ltd., v. ' John Lusty, £10 ills. 3d., ■costs :£2hos. 6d;j. Publishing Co., Ltd., v. Harry Hartley, £8 25., costs 18s.; same v. Wil-liam-Henry -Wilson;los,, costs 55.; A; J;''Lamb and' Co.'v. John Tofts, £2 18s., costs 10s.; C. and A. Odlin Timber and Hardware Co., . Ltd., v. William Henry .Thomas, £5'..-7s. 3d.,, costs £1 3"s. 6d. ;' same v.. Herbert John Hall, £1 7s. 3d., costs 10s.; Harris and Bastin, Ltd. v. G. Bennett, 19s. 10d., ss.;' Hallenstein Bros., Ltd. v.. James Hogg, £2 1 175.- : Gd.,- costs 135.; J. Murphy, and Son v. John Bellineham; £20 25.'2 d., costs £2 ,145,; Southl'acific Mortgage and Deposit C 0.., Ltd. Koroneho, £5 17s. Gd., cost-s 135.; William Budd v. R. Hartley, £2 os. Gd., ' costs 55... JUDGMENT SUMMONS.,,;.,.. , ..No order, was made, in the judgment summons- case of- E. 8.-'Davies and Co v. Alfred Tresisc, a claim for £7 6s. 6d. POLICE CASES. (Before Mr, W. G. Riddell,. S.M.) ALLEGED FALSE PRETENCES. -A man named ' "Sutherland Murray 1 Grant, described as a stock dealer, was charged-'that," on Ofetober 24, at Auckland, .he obtained £5 from Thomas John Buxton: by me'aiiA 'of:,a'valuMes"s-"cheque. ■ On the application of Chief Detective.' Broberg accused was demanded to appear at the. Magistrate's Court, Auckland,'r on: November 4: Bail was allowed in £80, and two sureties of £40 each,. or..one .of £80..' • , ;■ SIX MONTHS FOR VAGRANCY. ' Frank Voss, alias Johnston, pleaded; not guilty to a charge of being a-rogue, and a vagabond. Police evidence was given, to. tho effect, that accused was" found without lawful excuse in an en-, closed -yard, the--property ■of John Wood, in Maioribaiiks Street., He had a long list of previous convictions, and,. on one. .occasion, Jia.d received a sen-, tence of six years' imprisonment. The' magistrate decided ' that, accused must bo convicted, and" sent him to gaol for; sis. months. WILFUL" DAMAGE. ' . ' Arthur Charles Wheeler, who had pleaded guiltyions*®ht»r#j?it& wilfully; damaging a pane of glass in tho Royal. Oak Hotel, valued at £15, was brought up for sentence. Sub-Inspector Nor-, wood stated that nothins had previously been known against accused. Ho had been .em ployed as a porter at the Royal. Oak, and had recently bcon drinking heavily. ' The magistrate imposed a fine of :;20s;;' and orflered ,accuse,d ..to make good tho damagec-iDeftiultiwas fixed at one month's imprisonment. ' ; V. THEFT '6?, BOOTS.' Richard Daniel Miller pleaded guilt-T----to theft of two pairs of boots, valued at 95., the property of Daniel Coronno. Police evidence jviis. given.-with a view to show that Miller had been employed for some days by Coronno, and, when leaving on October 28, 110 had taken tho boots with, him., ,A. ,20s. was imposed, tlie alternative "being seven .days' ,^imprisonment,. ( . , . r - : , OTHER CASES.' , ;■ John ..Wilson, _charged...with. a. certain act on Lambton Quay, elected to bo tried summarily. Ho was fined- £5, in default, one 'monthV'imprisonment. 1 Frank Burke was 'cHa'rgofl- inthtboing on licensed premises, tlio Palace Hotel, while drunk, and with refusing to quit' when requested to do so by Joseph Swindale, tho licensee. Ho -pleaded guilty, and was fined 205., in default seven : days' imprisonment, i -Oil the chargo of drunkenness..Burko. was convieitecl and discharged. A first offending inebriate, who did not appear, was or- ■ dwod to forfeit his bail of 10s., in default, -'24 hours'. imprisonment,. 1