MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1357, 7 February 1912, Page 3

MAGISTRATE'S COURT.

(Before Dr. A. IT Arthur, S.M.) "ONLY TO BE EXPECTED." NO ACCOUNTS KEPT. BENCH'S CRITICAL REMARKS. His Worship delivered judgment in the rase of Edward Krouast v. J. V. Dyke, in which the iiiiiintill' claimed .47tf lls. Id., as wages .mil moneys paid out by him, mid tne detendaiit counter-claimed for J!39 12s. lid., as the value of articles which, he allegrd, wore missing from the farm. Plaintiff was represented by Mr. A. Jilair, und defendant by Mr. P. W. Jackson. It was set out iu the proceedings that plaintiff and defendant were rcspeclivvly servant aud employer, the former managing a small farm for the latter. According to arrangement, there was to have been a monthly settlement, but this arrangement was never kept during the whole term of the cniployuii!iit--:ibunt twenty months. "Both parties," said bis Worship, "knew nothing of keeping accounts, and the result is only what, might be expected; and even more so. It is a matter of impossibility to come to any clear iiuderstaudinjj from the. papers "ptac'id before one. However, a dccisi'j;i :nust be given, and the parties must only thank themselves if they are dissatisfied." (Hi the claim his Worship guvo judgment lor. the defendant for .CGI 16.=. Id*.; and, on the counter-claim, judgment for the defendant for .£ls 13s. BARON DE QUINCEY CHILD. D. Carmody, Inspector of Awards, sued for a penalty of £10 against Mrs. Margaret i'cters, of the Columbia Hotel, alleging that she had committed n breach of tho Wellington Cooks" and Waiters' award. Tlis inspector slated that Mrs. Peters had employed a man named Baron de Quincey Child as a general hand, and not paid him the award wage. Ho said that Child told him that lie sometimes averaged a few hours a doy at general work, and was paid a few shillings a. week for it. Child and Mr*. Peters denied that this alleged admission had been mode. Child said in evidence that he was a remittance man, aud did not work at Mrs. Peters's, but boarded there. He sometimes borrowed a few shillings from Mrs. Peters, pending the arrival of his money. At times, "when tho servants got drunk, or left her in the lurch," ho rendered assistance, rather than see Mrs. Peters inconvenienced through shorthandcdness. Mr. C. R. Dix, who represented the defendant, claimed that the could not succeed, and his Worship considered that it was not a matter in which action was necessary. He thought, in fact, that it was a good thing that a man like Child found something to do. The information, was dismissed. TOO LATE. Walter Evenson sued Whitmore Green for £3 ss. as commission on tho salo of a business. Mr. E. J. Fitzgibbon appeared for the plaintiff, and Mr. D. Smith for the defendant. Defendant had failed to file a nqtico of defence within the prescribed time, and Mr. Smith now applied for special leave to defend. Defendant also counterclaimed on a cheque given about twelve months previous to the date of the original claim. His Worship refused to grant leave to defend, and said that he was going to put his foot down in these matters. As to the counterclaim, defendant could take a separate action respecting tho ehcrjiiu. Judgment was given tor the plaintiff on the claim. KAKOKI COUNCIL FINED. The Karori Borough Council was charged with employing a man at plasterers work at Is. 3d. per hour instead of Is. 7d. The defeuce, conducted by Mr. P. C. A. Hislop, was that the work was labouring and not plastering. The council was fined SALE OF GENERATOR. H. W. Davies and Co., plumbers, Adelaide Road, claimed £i Bs. from John William Gannon, Mangaweka, as the balance due on an account respecting the sale of a generator. Judgment was for the plaintiff for the amount claimed. Mr. E. J. Fitzgibbon represented the plaintiff. CORPORATION CASE. (Before Mr. A. Crooke, S.M.) The 'Wellington City Corporation proceeded against Francis Smith Phillips claiming X2H as damages caused through an act of the defendant. -Mr. ,1. O'Sliea, who represented the corporation, staled that the defendant had a house at Koseneath in the vicinity of the ■I own Belt. Defendant constructed a path through the Town Belt to his residence. Fli-nvy rain fell only July 27, 11)10, and a slip came, and this .slip was caused by Ihn excavation of the defendant in milking the (ruck. Soil was removed from the .-lopns and rarn'cd into the channels and smiips in certain thoroughfare.-. One of I lie wit»<-:.«i>i f l:r \\ lr . enrnnrition failed to appear, and Mr. O'Sheii. was therefore unable lo bring formal proof that it was defendant who had cut the Irnck. His Worship nonsuited the plaintiff. BY DEFAULT. (Before Dr. M'Artlmr, S.M.) In the following cases judgment was entered for plain ift by default:-!,. Har- >' Vr lll0 ?f n -V\? lfo ' £2G ICs - Sd- costs ■U 155.: Hv. Fielder and Co., Ltd. v . James Rap ey .IS Gs. Id., costs .£1 ss. fid.; Win Uieluiifliid Hursthouse v. Anne lennanl Leitcli, cots 10x; Cndburv Bros Ltd., v. Win. M'lntnsh, .UKi 12s w -«t* 155.; D.I.C. v. Arthur Hoskiiiu. '.bl V. .id., costs ,E2 Ms.; I'rost and 'Frost v Sncns Black. .£l2 Iβ.-?. Gd.. costs JJI lls] (id.; executors estate urn Francos M"Parland v. A. John lliiMie. .tl L's .Id., costs 12*.: same v. ('has. 11. Storio, e;| ;\< ■',] <v»t* .61 :\~. M.: Sims llardwiiiv Cα.', Ltd., v. Jas, I!. Sroti, .tl Id- 7d 0 --(< w<.; M'l/e:m .-incl Uiay v. Wm. .tfi. cost? .tl :>s. r,d.: Harold S - . Hannah I v. Harry Vincent, B.'. Gd.. ee.-is tl :l* 1 Ikl.; Lawrence lilton Christie v. .1. -j. I O'Neil, £3 la. M.,. cosU 11s.; Frost mid

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