MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2420, 27 March 1915, Page 5

MAGISTRATE'S COURT

A SEAMAN'S CLAIM FOR RECISION OF CONTRACT A rather unusual case came before Jlr. D. 0. A. Cooper, S.M., at the Magistrate's Court yesterday, when James Cotterei, a fireman irom the s.s. Taiuui, applied under Section 88 of the and Seamen's Act lor recision of a contract entered inco with Captain Moifat, of the 'Tainui, to complete the round voyage from London. Evidence was given by the appellant to the effect that he left New Zealand some months ago to proceed to London, with the intention of lloating a patent, a fish plate for railways. When he arrived Home war broke out, and he decided that it was no good staying there then. During his absence two friends in Wellington were paying the sum of £9 per month for his wife, in recognition of an interest in the patent. When the Tainui arrived in Wellington it was appellant's intention to complete the voyage, for it was to his interest to return to England, but he found his wife ill, and the payments from the other parties interested stopped when ho returned. . The £6 10s. a month wages he was receiving as a fireman were not sufficient to support his sick wife.ajid three children, so he applied for recision of the contract.

, Captain Moifat said that lie had allowed the case to come to the Court for tlie reason that he did not want it to be thought l that men could sign on for the round voyage, and then apply to be paid off here, tie recognised that the circumstances were somewhat different in this case, but if he had to lind another man, ho would be put to extra expense, for men would not sign on here at Home wages. Mr. Dickson, for the appellant, said that there was a sum of £6 earned by Cotterel, which he was prepared to pay. towards any extra expense to which the captain would be put. They had another man prepared to' sign on here, but he would want coastal wages. The, Magistrate said ho would be inclined to grant the application if another man was signed on by 10 o'clock this morning. Of course the extra money seemed to be tlie trouble, for the captain had to guard the interests of his company. The case was adjourned till this morning. CHILDREN AND CIGARETTES. For the reason that the law regarding the sale or fupply of cigarettes to children was not ueing observed in \\ ellington, Inspector Hendrey proceeded against a youth named Sydney Cook, uiider the section of the Act which prohibits selling, supplying, or giving of cigarettes to children, for selling a packet of cigarettes to a child of five years. As set out by Inspector Hendrey, the facts were that the child was sent to the shop, where defendant was employed, by his father, with an order for certaiu goods, including a packet of cigarettes. The cigarettes were given to the child, who was seen to drop thom on the road.

For the defence, it was contended that the Act was not meant to 6top parents sending children for cigarettes, but rather to prevent children getting cigarettes to smoke.

The Magistrate said that there was no doubt that a technical. offence had been committed, and.the case was not trivial. when they considered that the smoking of cigarettes was becoming very prevalent amongst children. What the police were endeavouring to do, and quite rightly, was to stop this smoking by children, 'i'he offence was punishable by!a fine of £10.. A conviction was entered, and the Magistrate pointed out that a Chinaman had been convicted of a eitnilai' offence a few days ago. Inspector Hendrey said that the prosecution waa to advertise the fact that shopkeepers could not supply tobacco to children. It was a fact that the practice had crept into custom amongst shopkeepers. A fine of ss. only was imposed. THEFT DUE TO DRINK. Thomas Dayes, on remand, pleaded not guilty to the theft of several articles, including a pair of spurs, bridle, etc., to the value of £2 6s. Ho further pleaded guilty to the theft of a serviette ring valued at 25., the property of John Barry. Tn the first case, Chief Detective Boddam withdrew the spurs from the list of stolen articles, reducing the total amount to £1 lis. For the defence it was contended that accused, who was a respectable man, had acted' in a silly way, as the result of drink. A fine of 405., in default 14 days' imprisonment, was imposed. BY-LAWS. Philip Jolrn de Sousa, a second offender, was lined 10a., with costs 75., for driving an express at other than a walking pace round the intersection of Taranaki and Vivian Streets. Herbert Campton, for leaving a cart standing in liilbirnie Crescent, was lined 55., with costs 7s. John Howard, for driving a cab in Vivian Street after sunset, without proper' light attached, -was fined os., with costs 7e. Henry Grant, for leaving a vehicle in Queen Street without chaining the wheel, was tilled 55., with costs 7s. Veitch and Allan, for leaving four packing-cases on Vivian Street footpath, were lined 55., with costs 7s. Charles John Duffy, for leaving a horse to wander in Tinakori Road, was fined os., with costs 7s. William Henry Davis, charged with negligently driving a cab in Willi:, Street, whereby an accident occurred, was fined os., with costs 15s; Evidence was given that defendant had paid half the cost of repairs to a motor-cycle damaged by the collision. Thomas M'Galdrick, for allowing a horse to wander at Kilbirnie, was lined 65., with costs 7s. Benjamin Dally, for a similar offence, was also fined 55., with costs 7s. ALLEGED THEFT OF £22. Leo. Stephen Curtice, a young member of the Expeditionary Force Reinforcements, was charged with the theft of £22 3s. 3d. from the Ohakune Borough Counoil. in July, 1914. He was remanded to appear at Wanganui on Monday. OTHER CASES. Two charges of having used obscene language were preferred against a middle-aged woman named Marion Coomber. On the first charge she was convicted and ordered to come up for sentence when called upon. On the second chargo slie was fined £1, with costs 10s., and given a month in which to pay the line. A young Chinese named Young Fool; was remanded till Monday on a charge of importing opium suitable for smoking. A deserter from the s.s. Matatua, John Tuck, was sentenced to imprisonment for sevcu days and to be placed on board the vessel when she sails. For drunkenness, Peter Mikklesen was fined 10s., in default 48 hours' imprisonment, and one first offender was fined the amount, of his bail. In the case Hilda Bmnell v. Brimbow Westrup, application for an affiliation order, the case was dismissed.