MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2381, 10 February 1915, Page 3

MAGISTRATE'S COURT

AN INTERESTING CASE INTERPRETATION OF TOWN BOARD ACT An interesting case which originated at Upper Hutt was concluded before Mr. D. G. A. Cooper, S.M., in the Magistrate's Court yesterday, Alfred Cudby, a farmer, of Upper Hutt, claiming. to recover £35 7s. from Angus John M'Curdy, proprietor of the "Upper Hutt Independent. The sum claimed included £25 75., money received for alleged illegal contracts for printing and advertising made when M'Curdy was a member of the Upper Hutt Town Board, and £10 penalty allowed by the Act. It was understood that in the event of plaintiff being successful in the case the amount of the contracts would be returned to the board, while plantiff would retain the £10 penalty. At the hearing of the evidence at Lower Hutt the facta were practically admitted. The case then depended on the interpretation of a section of the Town Boards Act. During legal argument it was stated that under the Public Contracts and Local Bodies' Contractors Act, 1908, it was illegal for any member of any local body to accept a contract with such body. Should he do so, by the Town Boards Act he lost 1 his position. Mr. P. Levi contended for the defenoe that prior to the main contracts mentioned inthe statement of claim, defendant re- . ceived 7s. 6d._ for an advertisement, and ipso facto immediately ceased to be a member of the board, although he continued to act in that position. Defendant was therefore not a member of the board when the big. oontracts were entered into. For plaintiff, Mr. J. S. Barton contended that such a reading of the Act was absurd, and if the Magistrate .upheld it the purpose of the Act would be defeated. This reading would lead'to all manner of abuse, for by it a man by accepting the preliminary payment of Od. could secure large and unfair benelits._ After such, an insignificant transaction, plaintiff by this interpretation could enter into big transactions, quite legally. Counsel submitted that the Magistrate must look at the Act as a' whole, and not concentrate his attention on any two words. ■ ' After hearing further legal argument the Magistrate gave judgment for defendant without costs. The reading of the Act, _he said, was quite clear on the question. ■ Later in. the day counsel'for plaintiff asked the Magistrate to reopen the case. This was agreed to, and Mr. Barton intimated that he had an important point to raise in that the 7s. 6d. which defendant had received in tie first place for an advertisement, and mentioned in the claim, should be refunded. Moreover defendant by this act incurred the £10 penalty. There was some discussion on tlie point, and eventually the Magistrate reserved his decision. • LESSOR V. LESSEE. A dispute between lessee and lessor of a certain residence, "Palm Grove," at Napier; was heard before Mr. W. 6. Riddell,' S.M., Daniel Campbell and Annie Campbell, his wife, suing Horace Ernest Somerville, carrier, for £15 10s.' In opening the case for'plaintiff, Mr. J. J. M'Grath'said that- plantiff owned the residence, "Palm. Grove," and' leased the premises to the defendant, who was a (arrier .in Wellington. In March last; without consulting plaintiff, defendant sold the place and stock ana took over a hotel in Wanganui. Later plaintiff accidentally heard rtf this and came on to Wellington, where after some trouble a settlement was reached; Plaintiff's present claim concerned £7 10s., being the value of articles in the houso, and £8 travelling expenses, etc., of plaintiff while on her visit to Wellington. : Mr. E. M. Sladden appeared for .defendant. After, hearing evidence I 'and legal argument judgment was given for plaintiff for £11 95., and costs totalling £4 ss. • 1 ( DEFAULT DEBTORS' LIST. . Judgment was given for plaintiff by default in the following undefended civil cases by Mr. W. G..Riddell, S.M. : —Assignees >of George Bradley v. . G. Hitchcock, £3 2s. 3d., .costs 10s. ; Public Trustee v. Te Heuheu Tukino, £140, costs £6 155.; Jas. M. Porter v. Wm. B. 80de11,.£7 4s. Id., costs £1 3s. 6d.; Trustees of Southern Crosß Lodge v. Merania Remene, £34 125., costs £2 195.; Te Aro Furnishing Co., v. Mrs. Frederick Meade, £2 9s. 6d., oosts 125.; P. R. Russell and Co., Ltd., v. Chas. White, £20 13s. 7d., costs £2 145.; Gollin and Co. Proprietary, Ltd., v. F. Wilkie, £19,55., costs £1 13s. 6d.; G. H. Thornton v. Fryer arid Sons, £8 12s. 7d., costs £1 3s. 6d.; J. G. Raine and Sons v. John Wishart Maxwell, £33 Is. 3d., costs £2 17s. JUDGMENT SUMMONSES. Wm. M'Hillan was ordered to pay Mouat Bros. £3 18s. lid., by February 23, in default four days' gaol; Thos. Riddler, jun., ordered to pay. Wm. Talbut £4 45., by February 23, in default four days' gaol. POLICE CASES. Mr. D. G. A. Cooper, S.M., dealt with the police cases at the Magistrate's Court yesterday morning. • A bushman named George Anderson pleaded guilty to stealing a roll of canvas valued at £2 os. 10d., the property of G. Winder and Co. The Magistrate remarked that as'accused appeared to be making an effort, to keep straight he would convict and order him to come up for sentence when called, upon. Anderson was also ordered to pay as soon as possible 10s. expenses incurred. . "It's a deliberate falsehood," reiterated Charles Hy. Hine, charged with being idle and disorderly in that he was found begging in ■ Vivian Street. " Two constables gave undeniable testimony that Hine was begging, and without more ado Hine was sent to gaol for a month. Wm. Heap, an old offender for drunkenness and a prohibited person, was sent to gaol for two months. Four first , offenders were dealt with.