MAGISTRATE'S COURT.

Dominion, Volume 7, Issue 2147, 13 May 1914, Page 4

MAGISTRATE'S COURT.

THE HIRING OF PfCTURJE FM.IYIS, ' • LIABILITY FOR FIRK. i .Matters affecting the hire of motion picture films J'ormecl the subject of a ■ reserved decision by Mr. W. (J. Rid--1 dell, S.M., yesterday. > In this ease tlie Universal Film Sim- ■ ply. Company liad sued the Sf.iii.iut I'fe- ! tures, Ltd., Taumartimii, far £109 7s. '- (id., representing the value of TSOOi't. «l' > films destroyed by lire oh' February 21, at Tanmanimii, whilst in the defend- ; ant's possession. Tlio Universal Supply 1 Company had alleged that it had bcoii - a condition of hire that the defendants should keep the liliu in jiood order, and should make good any damage done to it, whether by fire, accident, or oilior--1 wise. The Universal Supply Company j further contended that this condition s wns ono which was universal aiiiffiig film - dealers. _ > . . The Magistrate «aid that in.kis. ejjinr iou.the (set that a condition' making . i tho hirer liablo for losses wide? certak

circumstances was found printed en the supplies invoice, or in eeparato agreement, showed that it was not an implied condition in every contract between parties supplying and taking lilms. The invariable practice wa.fi to set out in writing the conditions under which the liability had been inclined.' In the-present case it could not be said thai: tl« defendants were bound by the conditions on the buck of the invoice,' which did not roach them until after tho fire. No doubt in cases where chattels wcra delivered, to be used by a baileo, for hire, the bailee was bound to take, all ordinary care of them, but tiio owner must nevertheless bear the risks to which.tho chattel was naturally liable. If the thing let to hire were destroyed by fire without any negligence on tho part of the. hirer, tho latter would not be responsible, for any loss. After hearing the .evidence as to the cause of the fire, ho was not prepared to say that defendants' operator was guiltv of negligence, and ho did not therefore think that plaintiffs had established ft contract under which they could hold the defendants liable. . Judgment was therefore, given for the defendants, with costs amounting to £5 16s. UNDEFENDED DEBTORS. Judgment was given : for plaintiff by default, with .costs, in the following uii■cMendcd" civil cases by Mr. W. G, Rid(joll, S.M.:—State -Advances Superintendent v, Patrick Cavaiiagh, £122 14s. costs £2 2s; Phelps, Wilson and Co. v. R. K. fleadefson. £1 Is., costs 55.; H. A. Parsonage v. F. O'Sulhvan, £2, costs 05.; sajne v. Jamas ■ Ernest Watson, £0 Os, 6d., costs £1 ss. M. : Forde and Co, v. Percy Anderson, £3 2s, 6d., costs Bs.; City Corporation v. David fV'Hara, £15 16s. Bd., costs 155.; Artlmr Bolton-v. Augustus Wallace,..£3 <3s. 3d., costs 55.; Kodak (Australasia)' Ltd., v. Bell nsi.d Soiis, £9 7s, 5d., costs £1 3s. 6d.; Colonial Carrying Co. of New Zealand, littl., v. A. Bcpgs, costs only, Bs.; George Broifno v. William Gestro, £17, costs 1.55..; Chas. Begg and' Co. v. John M. Thomson, £49 17s. 3d., costs £3 7s. Gd ; Alfred May v. R. .T. Potts, £7 16s. Cd. r costs £1 Bs. ed.;.O,W. Martin v. 11. Welesley, £4 6s, Bd., costs lis. POLICE BUSINESS. YOUNG WOMAN & MAIL MATTER. A welMres-sed young woman named Kitty Gambetta appeared before Mr. D. G, A, Cooper, S.M., at tho Magistrate's Court- yesterday to answer a charge of stealing a postal psekc-t at Newbury on November 2a, 1912. It was alleged that tli© packet, which was addressed, to A. K. Mitchell, had been stolen from the Newbury i*ost Office. Chief Detective Braberg asked that accused be verannded to appeal* at Pal-merst-on North on May 15. He stated that sho had recently, been convicted on a charge of theft and ordered to be placed in tho Salvation Army Home for i six mouths. The accused was remanded accordingly. MISCELLANEOUS. William Thompson pleaded guilty to charges of insobriety and committing a certain objectionable act i.n a ' public thoroughfare. Oft the first count ho was convicted and ordered ta pay medical oxpenseSj I7s,'6d. On the second charge ho was fined £2, inj default fourteen days' imprisonmeitt. ; , For insobriety, Cesilia Parkinson,, was convicted and ordered to pay medical expenses amounting to 10s,' Five first offenders' were leniently dealt with. After legal .argument in the case in which Arthur Bosley,, of Eltham, Was charged with failing to provide maintenance in respect to a child, decision was reserved. Sir. A. . Blair : appeared- far defendant, aad! Mr. A. Buna for.complainant. -ivVHIh '1 i* iii .'.l>: J-.'ilOt.d.