MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2276, 9 October 1914, Page 3

MAGISTRATE'S COURT

POLICE CASES SEQUEL TO A THEFT Mr. D. G. A. Cooper, S.M., dealt with the police cases in the Magistrate's, Court yesterday. John Ryan, who had recently been arrested in Auckland, wa'6 charged with receiving from Jenny Lynn the sum of £25 in money and a silver watch, well knowing that both the money and the watch had been stolen from Sydney Moore: Inspector Kendrey conducted the prosecution and Mr. P. W. Jackson appeared for Ryan. Moore, who is a seafaring man,, is absent from Wellington at presout and the caso was adjourned until Monday uoxt, when his evidence will be taken. OTHER CASES.' A young' man, named AVilliam Edward Rice, was charged-with theft of a silver watch and gold chain from the porsou of James M'Laughlin. The theft was alleged to have taken place at Otaki and the value of the property mentioned in the charge was sot down at £21. On the application of Inspector Hendroy, the accused was remanded to appear at Otaki on Monday morning ■ nextj . . ' For drunkenness, Mary Brown was fined, 10s., with the alternative of, 48 hours' imprisonment. One first-offend-ing ,inebriato was remanded for a week for curative treatment, and another was handed over to the naval authorities to be dealt with by them. Four other first offenders were.- convicted and discharged. ' JUVENILE COURT. At a sitting of the Juvenile Court yesterday morning, i a, lad 14 years of age, was convioted on two charges of theft and was committed to tho Wei-' lington Receiving Homo. An order was made against the lad's father for maintenance. Three boys,' about 10 years of age, were ordered to receive- four strokes-of the birch for stealing.money, tho property of the Corporation. CIVIL OASES. DISPUTE OVER FENCING TIMBER. In a civil action, heard by Mr. W. G. lliddell, S.M., the main point at issuo was the value of a small quantity of timber, which had been built, into ft fence at Titalii Bay. , The plaintiff I Was Edmund Robert Wood, builder, of Wellington, and the defendant was Robert Armit, tobacconist, of Wellington. t Mr. 0. 0. Mazcngarb appeared for | Wood, while Mr. J. J. M'Grath ap-. peared for Armit. In the statement of claim it was alleged that on or before- December, 1913, the defendant (Armit), or his servants or agents, unlawfully entered upon certain property belonging to Wood at .Titalii Bay, and removed therefrom var-r iouf pieces of timber, which he wrongfully converted to his own use. Plaintiff (Wood) claimed the value of the timber £2 105.," and damages for alleged trespass, £6 10s., a total of £9. It Was admitted by plaintiff's counsel, however, that actual trespass could not bo proved. The defence was a denial of trespass or of liability for the removal or conversion of the i timber. Defendant (Armit) said that he had engaged a builder to complete a fence.on his section at Titahi Bay and that if the builder had used timber belonging to Wood it was without his (Armit's) knowledge or authority. Counsel for the defendant read a letter which had been forwarded to plaintiff's solicitor offering (while not admitting liability) to- pay £1 for the timber or any reasonable sum at which an independent valuer should assess the value of the timber. The- offer to settle had been rejected. After hearing evidence the Magistrate gave judgment for plaintiff iot £1 10s., value of the timber, with Court costs 125., and witness's expenses Bs. Defendant was allowed 10s.' 6d., the cost of an adjournment. CLAIM FOR RENT. Mr. D. G. A. Cooper, S.M., gave judgment for plaintiff for £1 155., and costs 65., in the case of Virginia Kcllermaii v. Joseph Emdeu ; a claim for rent of a house at Berhampore. Neither party was represented by counsol. UNDEFENDED CASES. Judgment by default was given for plaintiffs in tho following undefended cases: —Robert Martin, Ltd., v. B. Davey, £51 lGs. Bd., costs £3 165.; F. J. Pinny, Ltd., v. Harry Lockley, £46 7b. Bgy costa £3 8».,i Pharg Bjoj, y,,

J. S. Fawcett, £3 55., costs 125.; Leary and Co., Ltd., v. P. G. Hawkins, £11 4s. 2d., costs, 165.; same v. E. G. Fisher, costs 3s. j A. D. Kennedy and Co., Ltd., v. James Eaton, £14 12s. Gd., costs 155.; S. Luke and Co., Ltd., v. A. Melville, £8 4s .6d., costs £1 lis. 6d.; Agricultural and Pastoral Food Co., Ltd., v. John T. Taylor, £4 Os. Bd., costs 175.; Joseph. Nathan and Co., Ltd. v. Halbert A. Jenkins, £15. 4s. 2d., costs £1 10s. 6d.; Melville Downs Land Settlement Association v. William Leslie Hosking, £104 3s. 7d.-, costs £5 17s.;' Wellington Meat Export Co., Ltd., v. Frederick Clout, £24 18s. 2d., costs £2 145.; Frederick Taine v. Thos. Prisk, £5 75., costs £1 3s. 6d.; Public Trustee v. Alexander David dimming, £32 7s. 6d., costs £2 145.; Thomas Quinn v.- Frederick Udy, £10, costs £1 3s. Od.; A. S. Paterson and Co., Ltd., v. Nicholas Bouzaid, £15, costs £1 10s. 6d.; Office Appliance Co., Ltd. v. J. W. Williams,. £5, costs £1 os. 6d.; Vacuum Oil Co., Ltd. v. J. B. Salmond £4 ss. 4d., costs 10s.; same v. R, F. Thompson, £13, costs £1 13s, 6s. JUDGMENT SUMMONSES. G.' Bennett was ordered to pay W. Wiggins, Ltd., the sum of £13 7s. 6d. on or before Ootober 22, in default to undergo 14 days in gaol. Beattie and Lomas were ordered to pay Henderson and Co., the sum of £4 2s. on or before Ootober 22, in default to undergo four.days in gaol.