MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1062, 27 February 1911, Page 3

MAGISTRATE'S COURT.

' (Before Mr. C. Riddoll, S.M.) BLACK V, GLYNN. APPLICATION FOR'REHEARING. In connection with the application for n rehearing of tho Black v. tt .vim case, the magistrate (Mr. W. (!. Klddell, b.M.) gave his decision on Saturday on the question of jurisdiction. Mr. A. Gray hud appeared in support of the application for rehearing. Mr. P. H. O'Lcarv opposed it, and referred to tho case of Lano v. Corey (an assault case dealt with in .Tilly, VMi), in which tliero was an application for rehearing. In that case tho magistral dismissed the application. In dealing with tho'qucstion, his Worship said: "This is an .application by the defendant for a rehearing oi the information under which he was convicted for an assault on the informant on lebruary 3. Tho application is mado under Section'l2o of tho Justices of tho Peaco Act, 1908. The application is opposed by tho informant on tho grounds: (1) That as defendant has paid the fino imposed by the court tho ' matter is res judicata. (2) That defendant has no statutory or other right to make such apph- , cation as the offenco for which he was convicted is lin indictablo one, and Section 120-, does not apply to informations dealing with indictablo' offences triable summarily." The magistrate considered' tho first objection effectually disposed of by the decision in Rex v. Hughe's. Tho second objection was of more importance, but after reviewing all tho points at issue very fully, ho thought that defendant had a right to make an application. Tho application for rehearing will come on at 2.15 p.m. on Wednesday,

THREATENING BEHAVIOUR. ■William Henry Moore and Herbert Downcs were jointly charged'with using threatening behaviour outside tlie Royal Tiger Hotel in Tarannki Street. Moore ■pleaded', guilty, hut Dowries, who is barmnn at the hotel, pleaded not guilty. According to Constable Doyle, however, Downes nppearcd to be the aggressor, and tho magistrate decided that ho must bo convicted. Each accused was. fined 205., in default seven days' imprisonment.

ABSENT WITHOUT LEAVE. Two senmciii, named James Vincent and Albert Edward Legg, admitted having absented themselves irom tho New Zealand Shipping Company's Rimutaka without first obtaining leave. They had been arrested on warrant. [Both were convicted, ordered to forfeit two days' pay, and to pay court costs 75.,' in default to undergo 24 hours'imprisonment. .:, DISORDERLY CONDUCT. Charged with disorderly conduct while drunk on tho Queen's Wharf on Friday evening, a. well-dressed man. named Richard Hanson pleaded guilty, and was fined 405., the default being seven days' imprisonment.-. ~-,'....■.•'■•.. INSOBRIETY.' ' Joseph Harbcr, on a charge of drunkenness, was fined 10s., in default 48 hours' imprisonment. A similar penalty was imposed on Mary Joyce, whose offenco was also drunkenness. Two first-offend-ing inebriates were fined 55., with tho alternative of 2i hours' imprisonment, and another first offendor, was convicted ami discharged.

/ CIVIL BUSINESS. ' ' FOR EXPENSES INCURRED. Reserved decision was delivered in the caso in which Helen Wood, widow, of Wellington, sued; >K. . • 11. ■, Robinson, manager of Otaraia Station; near Ifartinbarough, to recover tho sum of .£22 10s., alleged to bo duo to plaintiff by defendant as wages and expenses. Mr. K, B. Williams appeared for plaintiff, and "Mr. A.' L. llcrdman for the defendant. Plaintiff alleged, that on November 28 last, defendant agreed to engage her as housekeeper • at Otaraia Station, but though sho waited for-the position until January 30 ; she did hot get'lt, rand in the. meantimo she had been, unablo. to accept other positions.' She therefore claimed wages for nino weeks at .£1 a week,' and also £13 10s„ ns reasonable expenses for tho snmo period. For tho defence it was contended that plaintiff's engagement was conditional on' a.married couple leaving tho station. When they did not' leave, plaintiff was notified at once. ".'.'".''. ■''..■ ...'.''.' , After, reviewing the case at length, tho magistrate said: "I think that tho weight of cvidenco arid tho probabilities go to show that thero was e.n agreement to employ entered into between tho parties, and that plaintiff had to wait'further advice as to when sho was to leave. Wellington. But it is also clear that no wages could bo earned by plaintiff until the had entered upon her duties, and, further, that some tiino about tho end of December,' sho knew that defendant's sileuco indicated that sho would not 1)0 asked to commence work with him. . . She then had an offer of employment from Mr?. Black, which I think sho should have accented, as such an act would not have estopped her from claiming against

defendant.for,other losses arising out of his conduct. 1 think plaintiff has shown that she is entitled to some damages for the expenses she has incurred while waiting for dolinito instructions, > and I fix the.-o at •£(), being 30s. a week for four weeks from November 28. Defendant will ftlsa have to pay Court costs, 125., witness's fee, lis., and solicitor's lee, .£1 (is."