MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1113, 28 April 1911, Page 3

MAGISTRATE'S COURT.

(Before Mr. W. 6. Riddcll, S.M.) CIVIL BUSINESS. DAMAGES AWARDED. •Tallies Adolphus Parnian, carrier, Lower TJutt, swd'Percy D: Morrison, farmer,, Taita Gorge, and Alexander Palmer,' farmer, Trentham, to recover the sum of ito'O as damages for au assault alleged to have been committed on January .'3, for trespass by force en the plaintiff's property at Lower. Hurt, and for wrongful conversion by the defendants of certain oats, tho property of the plaintiff. Mr. A. Blair appeared for plaintiff and Mr. C. If. Dix lor defendants. Mr. Blair called evidence with a view to showing that plaintiff had leafed land to tho defendant Mcrrison for a period, but as Morrison had been unable to pay the rent the leaso had liccn determined. Before, leaving Morrison had planted two acres of oats, and in January he brought defendant Palmer along with a reaping machine to cut it. Plaintiff forbade them to go on the land, but they knocked him over, entered the property, cut the cals, and took them away. Plaintiff therefore claimed the value of the oats and damages. Defendant Morrison did not appear to give evidence, but Palmer raised the defence that he had gone on the land with the authority of Morrison, in whose possession, he believed the property was. The magistrate, ga-fl judgment for plaintiff for ,£25 and costs! NONSUITED. Charles Woodward, gardener, Johnsonvillo, sued William Hume, sheep tanner, Uuariu Valley, to recover the sum of M{ alleged to be due tor grazing sheep (£H) and for damages to grass and water on defendant's property (£3). Plaintiff conducted his own case, ai.d Mr. V. R. Meredith appeared for defendant. In plaintiff's evidence it was stated that defendant had grazing rights over the Jlawtrey Estate, and that plaintiff had leased a feiv acres there', but had not fenced his allotmeni. Defendant's sheep were in tlie habit of grazing on the allotment, and plaintiff informed defendant that if .the slieep were not kept off he (plaintiff) would clwge Bs. a week for grazing and double it ironi time to time. The account for grazing was now rendered for Mi, and .£3 was claimed as damages.. Mr. Meredith submittal that plaintiff must bo non-suited. Referring to the claim for damages, he con tended that, by the liupoundng Act, a person with unfenccd land could not claim for his only remedy being to impound. As to the grazing fees, if plaintiff had any remedy, it was by way of contract. for use and occupation, but plaintiff had stated that he had refused to have tho sheep on the land, and therefore,had no contract. The magistrate, after hearing counsel, non-suited plaintiff, and allowed deforciant £1 7s. costs. JUDGMENT FOR DEFENDANT.

W. Naismith and Co., of tho To Aro Stenni Laundry, sued E. C. Poikinghorne, boardiugho'ice-koener, of Wellington Terrace, to recover the sum of M 2s. lid.' for laundry work done up till December 31, 1910. ilr. Hogben appeared for the. plaintiff;, and Mr. P. W. Jackson tor the defendant. The claim was for washing goods owned by defendant's boarders, for which, it was contended, defendant was liable. Defendant repudiated responsibility, and, after hearing the evidence, the magistrate gave judgment for defendant, with costs <£1 Is. UNDEFENDED CASES. Judgment by default was given for plaintiffs in the .following undefended eases:—Gordon and Gotcli Proprietary, Ltd., v. J. Sutherland, .£l2 Os. !)d., costs .£2os. Gd.; Rosenberg and Co. y. Fred C. Ambridgc, 125., costs 55.; Public Trustee (executor of James Barry) v. Alfred U'm. C. Palmer, costs 195.; Green and Davis v. M. Puketapu, 7=., costs 7s. Gd.; South PaciQc Mortgage and Deposit. Co., Ltd., v. Diederich, £39 10s., costs £1 os.; Karori Borough Council v. Victor Ernest Slyficld, costs 55.; Joseph Nathan and Co., Ltd.. v. Eric Win. "West, .£2 0?. 7d., cosls 10.=.; \\\ Dimock and Co., Lid., v. James Douglas Willougliby, .CO 10s..- costs £1 is. (id.; Middows Bros, and Taylor v. Leo A. Walsh, ,£G Us. I'd., costs .CI 3*. (id.; John Norton v. George Ward, ,l:U 55., co:U £1 3s. (id.; 11. G. Anderson and Co. v. Uiehard Beck, Ms. 2d., costs 10s.; The Atlas Biscuit, and Confectionery Co. v. Walter Humphrey, X"2S Os. '.Id., costs S2 Ms.; same.v, Wm. Keid, M 16s, 2d., costs 10s.

JUDGMENT SUMMONSES. J. If. Gleesoii was ordered lo pay I'll 10s. (id. lo the New Zealand Acetylene (ins Co.— M on Of Iwforc May 11, in deI'iiult It tliivs , imprisonment in Najnsr '.i.iol. Edward Derail was ordered to pay 4!<i Ilk fii!. lo Chili. Pratt oji'or before May 11, in default seven (lays' imprisonment. The :-ame di'l'ciidant wa< ordered to pay Xlii Vα. (id. to W. J. Connor on or betcre -Mny 11. in default oils month's inilirisanmviil. | No order was made in Hie following can- :-]('Hi?e and Hurreil Carriage Buildinc Co., Ltd., v. J. Wright,> a claim for XI -R Mary M'Vinis-li and .To?. A. Tripe v. Theodore Audcrtun, a claim for 13s. Gd. POLICE OASES. ; Warder W. 'J , . «r tho jgrraco Gaol, applied fur an exieiiMon of jirobation for a prisoner, named William .lames Iniriv, who is at present serving a sonleiica which expires to-morrow. The circumstances of the ease, as explained lo tho magistrate by Warder were that, on December 12 last at Ilokitika, lmrif was convicted of false, pretences at Hokitiku and admitted to a term of probation under the First Offenders' Probation Art. A condition of the sentence was that lmrie 'should refund the sum of 4:S its. On January 2! iast. while still serving his , term cf probation, linrie was: arrested at a place c.Ho.i Kolokino. and remanded lo Wellington on a charge of false pretences committal previous to the charge aforementioned.' On January :11, he ple.idet! guilty to Hie offence, and was sentenced to three months' imprisonment, and, in consequence has been unable to make the payments ordered. Hence the application. The Magistrate asked defendant if he were willing to make the payments, and, receiving an answer in the affirmative, extended the term of probation for three months. Florence Hills, alias Banks, pleaded not guilty to a charge of drunkenness, and to a further charge of being an idle and disorderly person with insufficient lawful means of support. The evidence was against accused, but as she had not previously been convicted for vagrancy the magistrate decided to give her a chance. On the charge of drunkenness, she was convicted and discharged, and, on the remaining charge, she was convicted and ordered to come up for sentence when called on. Frederick Flaii, who admitted havini: been found drunk during the currency of a prohibition order in force against him. was convicted and discharged for drunlien-ne-s, but fer breach of'the prohibition ord.T he w:.s fined I(K, with the option of seven days' imprisonment. Charged with drunkenness. Ellen Elizabeth Hewat wa* lined 3)5., with the alternative of seven clays' imprisonment. Charles Lawrie and John Hansen, for drunkenness, were fined 10s. ouch, the alternative beiui 48 hours' imprisonment. One first-offending inebriate was convicted' and discharged.