MAGISTRATE'S COURT.

Dominion, Volume 6, Issue 1755, 21 May 1913, Page 4

MAGISTRATE'S COURT.

(Before Dr. A. W. if.'Arthur, S.M.) SHOP-FRONT THIEF. NOTICED, PURSUED, AND CAUGHT. A man named John Arthur Jackson, who had previously been under the notice of the police authorities—his last appearance being about two years ago—was charged yesterday with having stolen i\ pair of boots from the window-stand outside U. Hannah and C'o.'s bootshop, in Cuba Street. The theft, it was stated in evidence, was noticed in time, and Jackson was pursued, captured, and handed over to the police. The accused pleaded guilty, and in extenuation of his offence, said that a "mate" of his had supplied him with liquor, and persuaded him to lift the boots. Ho was convicted and ordered to come up for sentence when called upon. INSOBRIETY. Henry Andrews, previously convicted of drunkenness,' was fined 205., with the alternative of seven 'drij's' imprisonment for a repetition of tho offence. Three first offenders indicted for drunkenness were convicted and discharged. John Derrick, a previous offender, was convicted and fined 10s., with the alternative of forty-eight hours' imprisonment, on a charge of drunkenness.

. BOX BURGLAR. BEFORE THE JUVENILE COURT. A boy of fourteen was brought before Dr. A. W. M'Arthur, S.M., yesterday, in the Juvcnilo Court, on a charge of breaking 'and entering, on Monday r.ight, a private house in Kelburne, occupied by Mr. L. James, local manager for Messrs. J. J. .Niven and Co., tho engineering firm, of Napier.

Mrs. James was out of town, and 3lr. James liad gone out for the evening, leaving the houso empty and in darkness. On returning home, in company with a friend, he saw a light in the house, and subsequent investigation discovered that tho bearer of the light was a boy prowler, who was roaming about tho house, opening cupboards, and so forth. He was caught and detained until the arrival of Detective Lewis and Constable O'Donoghue, by whom .he was escorted to tho police station, where he spent tho night. From tho evidence adduced at the Juvenile Court it appeared that the boy had not stolen anything, and had apparently yielded to the temptation of entering tli? house in a foolish spirit of adventure. After a lecture from his Worship, the lad was discharged.

CIVIL CASES. (Before Dr. A. W. M'Artliur, S.M.) THE GUARANTOR'S LIABILITY. Judgment was delivered in the caso Speight, and Co. (and others) v. Branigan, ail action for the recovery of .£lO2 J2s. 7d., claimed by the plaintiffs under a written guarantee. In respect of this guarantee,, plaintiffs had advanced to Ettie Emily Howell and Francis Elizabeth Bryan, publicans, both of 'l'aita, the sum of *£GI)0, defendant agreeing meanwhile to pay to the ' plaintiffs one-third of tho amount of any loss sustained by them with regard to this advance, with 7 per cent, interest added. A loss of .£292 IGs. 2d. had been sustained by the plaintiffs, and a claim for one-lhird of that amount was rendered on July EG, 1912. Payment was refused, hence tho action. The defendant; commented his Worship, had admitted tho guarantee, but held that thoso for whom lie went security should not have been allowed to leave New Zealand before being called upon, to pay. This fact was disputed, but, said his Worship, it was not material. Quoting authorities, he pointed out that "the mere passive inactivity of the person to whom the guaranteo i') given, his neglect to call the principal debtor to account in a reasonable time, unci to enforce nayment against him, docs, not discharge the surety."

Judgment would therefore bp for the plaintiff, the ;unou:;1: of the settlement to bo arrnnjrpd by the parlies. Costs oil tho usual scale wore allowed. Mi\ Tonus apnea rod for the plaintiffs, and Mr. M'Gralh for tho defendants. CABBIUBS OK FOKWARDING AGENTS? Judgment was also delivered in the ease of liiley and Co. v. Keir's Forwarding Asrency. This was a claim preferred by Ttiley alid Co. in respect of damage alleged to have been sustained by the nondelivery nf certain drills stated to have been committed to I he defendants for transport from. Wellington to Punedin. The drills hail no! been delivered, and I lie plaintiffs therefore claimed JBl4 145., damage for Hio loss of the drills. In giving iudgment, his Worship rinoted extensively from authorities, and decided for the defendants wilh costs. Keir and Co. were forwarding agents, he held, not, carriers, and could not, therefore, be he!d liable mi loss for (he negligence of themselves or nf their servants. No such negligence had lioen shown by dircct evidence. • CLAIM AGAINST U.S.S. CO. l-'urther evidence was heard in the action by I'cier Craulord, wlmrf labourer, Wellington, against Hie Union Steam Ship Company, of .N'eiv Zealand, Ltd., fur .£IOO, as damages received by him » b»wl falluae from a ellp&, and

striking hi 111 while he was assisting to unload the steamer Mokoia.

Mr. D. ,W. l'imllny appeared for the plnintifT, anil 31 r. T. M. Wilforil for lliu defendant company. Owing to the absence through sickness nf one of the principal witnesses for the defence, the ease was adjourned for a few days, after hearing evidence.

UNDEFENDED CASES. .Inilgment by default of defendants was cnti'i'i'd l'ur the plaintiffs in the fallowing .

Hurry Gotlieb v. I". Walsh, £i Ms. (id., costs 125.; T. and \V. Young v. J. Itay I'owell, .iJ'iS 12s. 7d.. costs £2 Ms.; John ]!i™; and Co. v. Arthur E. Hamilton Styles, ,tt» lis. 6t|., costs 10s.; Welsbach Light Co. v. .loseph Vernon C'ritchfield, .£32 t(K. costs £2 175.; Public Trustee v. Douglas, m costs .£■! Ifls. (id.; ]). Lloyd Clay v. IMwnrd Marsh, X 3 lls.'M., costs lis.; same v. Walter Taylor, ,£.l 155., costs 10s.; A. W. Lister v. G. K. Matliiesou, .£>l Gs. Gd., costs i; 2 I<<k; A. MacMiilau and Co. v. William Ward, «£j 7s. fid., costs XI 3s. Gil. j Colonial Motor Co., Ltd., v. John David Howell, .i'B 7s. 7d., costs .CI 3s. fill.; T. Tremayno v. John Dixon, £2 145., costs 10s.; James A. Doherty v. E. M. Campbell, .1:1 10s., costs os.; Stewart Timber, Glass, and Hardware Co., Ltd., v. tho People's Picture Palace Co., .£IG3 2s. 3d., costs £2 10s.