MAGISTRATE'S COURT.

Dominion, Volume 6, Issue 1763, 30 May 1913, Page 3

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.M.) THEFT OF A CYCLE. Frederick Ahem, a ship's fireman, was chargcd before Mr. W. G. Riddell, S.M., at tha -Magistrate's Court yesterday, with theft of a bicycle, valued at .£lO, tho properly of F.- John Carter. Detective-Sergeant M'llveney prosecuted. . Frederick. John Carter said that he left his bicyclo_ outside the Bank of Australasia on Wednesday afternoon last, and on returning he l'ouwl-it Swe. Ttc bicycle 'produced) was his property. Detective 'Cameron said that in company with Detective Rawle, he visited the steamer Rimutaka, and found the machine in the tunnel of the engine-room. Tho accused denied that lie had stolen it.

The accused gave evidence to tho effect that ho had purchased the bicycle from a person in town for lis., and he had placed it in the engine-room for safety. He did not know the person from whom lie purchased' the machine. His Worship: The story you tell is as old as tho hills; I have heard it over and over again, and I never believe it. The accused was fined ,£3, with costs 155., with the option of going to gaol for 11 days. MINOR POLICE CASES.

(Before Dr. M'Arthur, S.M.) James Conway for insobriety was convicted and discharged, and was sentenced to seven days' imprisonment for comii)ittiiiff an indecent act. One. first offender for insobriety was fined 10s. and another was convicted and discharged. Margaret M'Hugh pleaded not guilty to a charge of importuning, but was sentenced to one month's imprisonment.

RESERVED DECISIONS. THE LIENS ACT CASES. Reserved decision was given by Di. M'Arthur, 5.31., in the caso in which Briscoe and Co., Ltd., iron merchants, of Wellington, claimed under Part 111 of tho Wages Protection Contractors' Liens Act, l!lUb, to recover from Leslie Montague Pearson, of Wellington, importer, and James Craig, of Alpha Street, Wellington, contractor, the sum of .£33 for roofing the house on the land of L. M. Pearson with .Marseilles terra cotta roofing tiifci. Tile woric lias done and tho tiles for tho said James Craig, between November 1, 1012, and March (i, 1913. The plaintiff claimed in the lien of, for tho above some, the land of L. M. Pearson, at Belmont Road, Meltings, containing 1 acre and 13.1 perches. After reviewing the case, his Worship gave judgment for defendants, with custs. Mr. Blair appeared for Messrs. Brincoo and Co., Ltd., and Mr. Machell for L. M. Pearson, and Mr. Peacock appeared for James Craig. Tho sscond case, which was taken under the same Act, was between M'Gregor and Jamison, plumbers, of Riddiford Street, Wellington, and Leslie M. Pearson, owner, and James Craig, builder, both of Wellington. The plaintiffs claimed to recover the sun, of being the amount of the subcontract entered into by plaintiffs with the defendant Craig in respect to erecting gas fittings nml certain drain-laying works, which the plaintiffs had not finished owing to tho iniluro of defendant ■ to supply certain materials. Lien was claimed for the above sum and costs on tho Hind of the defendant, L. M. Pearson, at Belmont. Road, Mellings. His Worship found that the lien had not teen completed, and the plaintiff had still time to register his lien. Under the circumstances, however, his Worship nonsuited the plaintiff', and as he considered that there were no merits in the case on defendant's side, he did not allow costs.

.Mr. Levvey appeared for plaintiffs, mid Mr. Mitchell for defendant, L. M. Pearson, and .Mr. Peacock for James Craig. PUBLIC TRUSTEE'S CLAIM. (Before Mr. W. G. Riddell, S.M.) Further evidence it, the case, in v/lilch the Public Trustee, administrator of the estate of Ah Chong, deceased, claimed from Mark Maxton, commission agent, of Greytow.ii North, the sum of 4IISS 17s. 5d., was heard before Mr. W. G. Riddell, S.M., at the Magistrate's Court yesterday. The defendant Maxton 'carried out certain business matters for the deceased Chinaman, and it is alleged that when Ah Chong died, he (tho defendant) receivetl instructions to havo tha body embalmed and sent to China. Accordingly the body was dispatched, in tho charge of a relative- of the deceased. 'Tho tctal cost of embalming the body, and sending it to China, was ,£IBB 17s. fid., which amount was taken from tho estate of tho deceased. After the body was on its way to China, the Public. Trusteo stepped in, and alleged that the .sum of 4ilBS 17s. sd. belonged to the estate, and that Maxton was bound to account for it to the Public Trustee. Jlence the present action.

After hearing the cvidenco of (ho Chinese and the defendant Maxton, his Worship reserved decision.

UNDEFENDED CASES. (Before Dr. M'Arthur, S.M.) Judgment for plaintiff by default of defendant was given by Dr. : M'ArUmr, S.M., in the following undefended cases:— Commercial Agency, Lid., v. A. Lampard, 4:20 7s. Id., costs 4:2 155.; J. 11. MacEwan and Co. v. llans Wiide, ,£Bl 10$., costs 4'-> 10s. Gd.; Sargood, Son, and Kwen, Ltd., v. Win. Davidson Pulton, 417 lCs. Bd., costs 4:1 Ss. Gd.; W. Wiggins, Ltd., v. J. Hughes, 17s. Gd., costs J:1 lis.; Bates and Lfps v. J. Steele, 42!, costs 10s.; Kirkcalilio and Stains, Ltd., v. Horace Baker, 4:12 .Is. lfld., costs 4:1 10s. Gd.; Commercial Agency, Ltd., v. Alexander Thompson, .£5 15s. 9d., costs 4:1 3s. fid.; same v. J'r-ank Cook, «£ls 12s. 2d., costs XI 10s.Gd.; Sharland and Co., Ltd., v. Thomas Gordon, 4:3 13s. 3d., costs 10s.; Clias. Hill and Son v. W. J. Ilill, 423 35., costs 10s.