MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2431, 9 April 1915, Page 3

MAGISTRATE'S COURT

AN UNUSUAL CASE

A LAWYER AND HIS CLIENT

An unusual claim was heard bv Mr. W. G. Riddell, S.M., in the Magistrate's Court yesterday, Patrick Sliivnan proceeding against J. It. Lundon solicitor, for tho recovery of £5 os.

. In the statement of claim plaintiff alleged that about December 2, 1914, he paid to defendant £5 os. to cover costs of defending plaintiff's son in respect to a charge against him in the Auckland Magistrate's Court. Defendant did not_ defend plaintiff's son and rendered him no service, while plaintiff- had repeatedly demanded tho return of the money, but defendant, while not denying liability, had failed to return the money. Defendant, in his evidence, said he considered the services he rendered were worth more than £5 ss. He detailed the work done by himself and his clerk on behalf of plaintiff's son, and said that he (defendant) had personally arranged bail. He had frequently received as much as 25 Guineas for saving a, prosecution. The Magistrate remarked that if a case wero withdrawn counsel for accused was just as much entitled to his fee as if the case had been heard, and a. dismissal secured. In giving lodgment for defendant the Magistrate added that he was quite certain the claim had been made hy the plaintiff under a misapprehension. The charge against plaintiff's son had been brought • naß aB the plaintiff lived in U ellmgton he was not in a position to know what work had been done by the defendant. Judgment was accordingly given for defendant.

Defendant conducted his own case, while Mr. A. B. Sievwright appeared tor plaintiff. A QUESTION OF DELIVERY. Reserved judgment was delivered b.v Mr. W. G. Riddell, S.M., in the case m which J. C. and J. Field. of London, proceeded against Wardell Bros., for £22 lis. lOd. for 50 boxes of candles ordered from plaintiff in August, 1908. The evidence had shown that the goods, had reached Wellington, had been signed for by a Mr. Cook, but had never readied defendants. Plaintiffs contended that the Harbour Board would never have handed over the goods unless they were signed for by the correct people, and that as thev were addressed to defendants, defendants were liable. The Statute of Limitation was cited by defendants as a point for plaintiffs being non-suited. The Magistrate non-suited plain tifls on the grounds that there was no proof of the delivery of tho candles to defendants. The Magistrate added that the Statute of Limitation did not apply in the case. Costs were allowed against plaintiffs. | POLICE CASES. Mr. G. Cruickshank, S.M., presided over a Bitting of the police business at the Magistrate's Court. Two natives of Malta, Laurence Vella and Joso Daimins, who were arrested by Detective Mason, were charged that, being prohibited immigrants, they unlawfully landod in New Zeannd. Evidence was given that both had been unable to pass the education, test. The Magistrate ordered both to be removed from New Zealand. A further charge against Vella of deserting from tho AVestmeatlv was withdrawn as there was 110 evidence, that vessel now being away from the Dominion. An order was made that James Rownnd (staples, charged with deserting his wife in New Sout'h Wales, bu returned to that State in the custody of Constable Hawkins.

Florence Emeny, an old offender, was convicted on a charge of drunkenness and ordered to be detained in the Pakatoa Inebriates' Home for a .year. Similarly charged Thomas Maioney (prohibited), Donald Mathieson and Alexander J. S. Thomson (prohibited) were ench fined 205., or 48 hours' imprisonment. DEFAULT DEBTORS' LIST. Judgment was given for plaintiff bv default in the following undefended civil cases by Mr. W. G. Riddcll, S.M.: —Bannantyne and Hunter, Ltd., v. J. Wall, £6 14s. Id. costs £1 lbs. (5d., W. Parton and Son v. H. Mayr, £17 65., costs £2 Is.; Commercial Agency, Ltd., v. F. Meadows, £2 2s. Bd.. costs 10s.; Francis James Wilson v. Horaco Lamb, £2 9s. 6d., costs 25.; Australasian Institute of Marine Engineers (Wellington district) v. Joseph Lisle, £1 55.. costs 55.; Commercial Aeency, Ltd.. v. John Munro, £4 25., costs 10s.: Smith and Smith, Ltd., v. Stanley Franks, £4 os., costs 145.; Mrs. L. Black v. A. Court, £1 17s. 6d., costs os.; J. B. Clarkson and Co., Ltd. r. King Country Motor Co., £11 Bs. Id., costs 155.; Van Staveren Bros. v. Donald Green,_ £8 lis. 10d., costs Bs.; samo v. T. Sullivan, £9 45., costs Bs.: Cvcle and Motor Supplies, Ltd., v. H. "PaTlces, £8 12s. 6d., costs £1 3s. 6d.; Queensland Insurance Co.. Ltd., v. D. L. Calder, £25. costs £2 145.; Public Trustee v. William W. Orr, £5 os., costs £1 3s. 6i JUDGMENT SUMMONSES. E. G. Osborn was ordered to nav till. Posseniskie, £10 3s. 6d. by April 22, in default ten days' imprsonment, and to pay Kirkcaldie and Stains. Ltd.. £10 lis. 6d.,_bv the same date, in default a similar period of imprisonment, James Stevenson was ordered to pay the Wellington Gas Co. £1 12s. 6d. by April 22, in default 24 hours' imprisonment.