MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2819, 10 July 1916, Page 9

MAGISTRATE'S COURT

A CIVIL ACTION. On Saturday morning, Mr. W. G. Eiddell heard fartliev evidence in the case of Archibald C. M. Sinclair, builder, against Elizabeth. L.-Parker, wife of C.-Parker, commercial traveller, of Terry Itoad, Day's Bay, a claim of ,£IOO ss. 4d., being balance of a building contract and extras. Mr. C. W. Nielsen appeared for plaintiff, and Mr. E. ■ M. Sladden for defendant, who counter-claimed for £52 Us. At the conclusion of the casoi His Worship s >id ho would take time 'to consider his decision. The questions in the case are whether the plaintiff had carried out the ■plans and specifications of his contract, and whether, "ff ho had not done so, the defendant vas justified in making the deductions claimcd. ! Bays SELLING CIGARETTES. A NOVEL POINT. Mr. D. G- A. Cooper, S.M., delivered judgment on Saturday morning in the case of the police against Mr. FlaKiigan, of Moleswortk' Street, a charge; of snp.plying; cigarettes to'two boys named .Albert Grounsel and Hector Swindale, who were both under fifteen years, such act being, it was alleged, a contravention of the Police Offences Act, 1908. The facts were that JFlannigan, who keeps a shop, gave tho l»ys cigarettes to cell on November 13 last year, a day on'which a Reinforcement left. Mr. A. H. Hindmarsh, counsel for defendant, held that as Flannigan did not. "sell" the cigarettes to the loys.for their consumption, there was no offence within tho meaning o? the Act. The boys, he argued, were merely'agents. But the prosecution contended that "supplies" in the section of the Act had a wide signification.-and included "the mere handing over of control of goods." ; Mr. Cooper, after a reference 'to collateral cases bearing upon the point, held that the "mischief , hit at" -in this case was the handing over of cigarettes to the control of the boys, it being against their interests, as expressed by statute, that they should be in possession of them, and have it in their power to retain any ..number of packets so long as ■they were accounted for by the boys, to Mr. Flanuigan. The defendant would bo ■ convicted, but having regard to the circumstances of the case no penalty would be imposed, ' ' POLICE CASES. 3lr. D. G. A. Cooper, S.M., disposed of the following, police cases:— > •On a charge'.of. levanting from a..receiving home in ■ Christchurch, Bertha Bethke, a girl of 19J years, was remanded till Monday. Underwood, an old man of 72, was charged with inebriety, and remanded tov medical treatment. John Hyde. Peter Butler, alias Joseph , Glancey, and John Fitesiirimons, ' were each fined 10s., or 48 hours' imprisonment, for being arrested in a state of intoxication; whilo'-i'or the same offence, being a more frequent offender, Thomas Forsyth was lined 405., or • seven days' im- , prisonment.

1 lor being rogues and vagabonds under the meaning of the Act, and being found on private property without excuse, Martin Macarthy and William K. Skelley wafe convicted and ordfered to come', up ior sentence when called upon. A further remand till Wednesday was granted' in tho case of Charles Booth, charged \yith the theft of tlireo pounds of butter, the property of the Anchor Liue Steamship Co.