LAW REPORTS.

Dominion, Volume 4, Issue 1167, 30 June 1911, Page 2

LAW REPORTS.

fr , SUPREME COURT. THE WAGES PROTECTION ACT. A BANCO SITTING. An application in , the matter of the Wages Protection ami Contractors' Lien Act was heard by Sir Joshua Williams in Chambers yesterday. John Wallaco Easson and Percy George Eo.sson were the plaintiff?, and Joseph Herbert Knight the defendant. 'The Hon. T. W. nislop appeared for tho plaintiffs, .Alv. ][. F. Yon lltiast for E. W. Mills and Co., and Mr. W. Arnold for John Anderson, John O'Sullivau, and Sppiiccr Frederick Parsloo. Tho facts :\s outlined by counsel were that Knight, who was a builder and contractor in Wellington, had purchased n piece of land, executed a first mortgage, and built two houses. There was a second mortgage, and, also, several liens executed. The object of the action was to decide the claims of certain lien holders, sonio of which wero claims for wages. After legal argument" his Honour reserved his decision. MAGISTRATE'S COURT. (Before. Dr. A. M'Arthur, S.M.)

A HORSE NAMED "JIM." ■ IN A CIVIL CASE. A horse, named "Jim," which had been destroyed at the instance of the S.P.C.A., came up again in a civil action in the Magistrate's Court yesterday, when Arnold Alexander Nattrass, contractor, of Hihitahi, Main Trunk line, sued Edwin H. Tonks, sand carter, of Kilbirnie, to recover the sum of i£l2, alleged to be due to plaintiff by defendant, as value of a horse. Mr. Balcombe Brown appeared for;th© plaintiff, and Mr. P. Brandon for defendant. Plaintiff alleged that ho had sold "Jim ' for £V 2, of which sum no part had been paid. In the alternative, plaintiff stated that he had agreed to sell the horso for .£l2, and defendant hud requested tho plaintiff to accept, in satisfaction of the said sum of /:12, a horse' owned by tho defendant, which was represented to bo thoroughly sound nnd staunch, and worth Xl 2. Plaintiff alleged, however, that the horse was of no value, and' that, immediately after it was handed over to him, it had been condemned and destroyed, and plaintiff was culled on to pay 18s. Gd. (cost of destruction) and ,£1 10s. (paddocking and feeding). Plaintiff therefore claimed £V 1 as purchase money payable to him. for his own horse, or, in tho alternative, the sum of £U Bs. 6d. damages for alleged misrepresentation. For tho defence it was denied that there had been any misrepresentation, nud it was contended that the horso-had been thoroughly sound when sold to planum. After hearing evidence, tho magistrate gave judgment for plaintiff for £9, and costs amounting to .£3 10s. UNDEFENDED CASES, cases:— , c _ -iy nice, .£1 Gibson v. I'iancis_•"•■ >-■" T ftme s Leonard, >•" w'slick v .Win. Donovan, X 29 «sLtd., v. Charles Cudbj, ■£-7 u s. »™. i costs io'? sime v. James Kirkwood, jun f m l= 3d, costs 10s.i John Norton v. J. 1 .^ Gl f' "o'sts I' Ito.; CM. Banks Ltd., ;.-Glmour and Bardsley, fl, costs 12s^; iOs •' Si Luke and Co., Ltd v,• Murphy Bros., .CI.! is., costs XI 10s. Gd.; C. Adams and Co. v. M. Boyd,\£2 7s. Gd., cos s 10s. j. Palace Co., Ltd.; v. A. W Penlington, iCS, costs os. 6d.i South Pacific Mortgage and Deposit Co."? Ltd., v. Patrick James Cotton, 477 55.. costs Xl' 10s.; Geo. M'Whirter v. Walter Kydd, 11s. Gd., costs 10s.; H. Fischer and to. v. Charles" Hy. Gell, M. 18s. lid., costs is.; J. Eeid and Thomas Reid Inch, £2 ss. 2d., costs 10s.; A. Murdoch and Co. v. Hardy and Co., .613 25., costs £i 10s. 6d.; Fordo and Co. v. John P. Eraser, .CIO 10s., costs c€l 10s. Gd.j same v. Henry George, .£■l 195., .costs 135.; J. Myers and Co. v. T. Mcssiter, costs 125.; H. M. Maddox and Co. v. Annio E. Rive, X 6 Bs. 5d., costs £1 3s. Gd.; H. Kalm v. Abraham Brown, .£3 IGs. Id., costs 12-s.; samo v. AVnlter Cook, ,C 2 4s. Cd., costs 125.; same v. May Gladstone, 10s. 5d., costs 55.; A. G. Healing and Co., Ltd., v. Geo. Win. Gunsoii, JJ27 0s Id., costs £2 Ids.; Ridley and Co., Ltd., v. F. Spiers, £1 155., costs 55.; same v. It. W. Guy, costs 9s. j J. A. Smyth and Co. v. John M'Millan, M Cs. 9d., costs Ifls.; J. 11. Fairbairn v. IVm. Lindsay, £a 9s. id., costs XI 3s. (id.; Wellington Publishing Co., Ltd., v. E. Johnson, X9'7s. Id., costs Bs.; Francis M'Kenzio v. A. Dimdorc, £2 10s., cfists 10s.; AVairarapa Farmers' Co-op. Association, Ltd., v. E. 1). Buchanan, XlO Bs. lid., costs £1 10s. Ci!.; Francis M'Kenzio v. Louis Palliser, .£1 Is., costs 55.; 11. M. the King v. H. E. Davenport, £'i, costs 10s.; samo v. E. Jennings, £i 7s. Sd., costs 125.; Dominion Pressure Milking Machine Co., Ltd., v. Harry Dowues, £7 4s. lid., costs .£1 3s. Gd.

. JUDGMENT SUMMONS. Iu the judgment summons caw, A. Ross and Co. v. Wilson, a claim for j;2 165., defendant was ordered (o pay the amount on or before July 13, 19U, j u d e . limit to undergo three days' imprisonment. No order wns made in the following cases :-Bernard I'ortnian v. Win. Henry lanlon, a claim for M 13s. id.; Geo. l< Uiltoii c Stanley Sawtell, £2 17s. 10d • POLICE CASES. . John Kingsley Wall admitted havin* deserted tho J>ew Zealand ShipniV Com" ■yany's Steamer Otaki" at Aueldnnd on January IC, and was remanded until this morning, in order that his counsel might say something in mitigation of the oflence. Bail was allowed in tho sum of v" Si ;b- vails ai'Pearol for tho Aeiv Zealand' Shipping Company, and 31r. I. W. Jackson for tho accused. Jessie Wat.-on, alias Tompkins, was remanded'until July :, on a charge of slealtns, on June 23, a lady's gold watch, raluo ■Jis,_thc property of Elsie, Heimbrud. Dimitri Garvicc, who had been convicted ou Wednesday of being an idlo and disorderly person, and ordered to go to tho Ohiro. Home for three month?, was brought before tho magistrate for sentence yesterday. Sub-Inspector Slieehnn. reportoiT that tho accused had absconded from Hio home on tho previous evening. A sentence of threo months' imprisonment was imposed. Annie Cain was sentenced to three months' imprisonment on a charge of bring an idle and disorderly person, with insufficient; lawful means of support. Henry Longlmrst, charged with being drunk while in charge of a horse and cart, was fined 20?., with the alternative of seven days' imprisonment. A first-offending inebriate was remanded for a week for curative tv.vjtmont, and another first offender was c nvicted and discharged.

JUVENILE COURT,

FOOTBALLERS' CLOTHES RIFLED. Four lntls, whose ages ru:iged from 12 years to 15 yours, wore charged with theft of a watch, r> cigarette-holder, and money of a total value of .£3 Js. (id., Hie j>ropcrty of Arllmr Shaw and others. Tho articles and money had been taken from the clothes' of fool boilers at Mirniunr on Saturday last. All of the lads wcro convicted, 'and one was ordered to receive twelve strokes of .the birch, and the other threo to .«: x strokes of tho birch,