MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2859, 25 August 1916, Page 9

MAGISTRATE'S COURT

CUSTOMS AGENTS' DUTIES

CLAIM FOR DAMAGES SUCCEEDS,

Mr. W. G. Riddel!, S.M., dealt with tho lollowing civil cases at the Magistrate's Court yesterday:— His Worship delivered judgment in the civil action Caselberg and Co., Ltd., merchants, v. J. O'Brien and Co., Customs and forwarding agents. The facte of tho caso were that plaintiff claimed from defendant the sum of £21 'Is. 9d. in respect of tho loss of certain eases of motor-oil consigned to the plaintiff company ex tho steamer Delplnc, and which defendants were instructed to obtain and deliver to plaintiff. A claim of £11 18s. -was also made by plaintiff as damages suffered through the loss of a case of Japanese batteries caused by the alleged negligence of defendant. His Worship said that it was proved that on January Li, iJlo, plaintiff employed defendant to obtain 12 cases of motor oil from the Delphic at Wellington, and deliver them to plaintiff's stort. The necessary shipping 4 documents were handed bv plaintiff to defendant, and Customs duty on the oil was also paid. Shortly afterwards defendant's Customs clerk inormed plaintiff that an embargo had been placed upon the oil, and it could not be removed, from the wharf. Some time later the embargo was removed, and the information was communicated to plaintiff. Meanwhile, some Harbour Board charges for storage had accrued, and it was not clear that defendant informed plaintiff of this fact. After reviewing the evidence, the Magistrate stated that he was not satisfied that a ter the oil was freed from embargo plaintiff advised defendant, that delivery could be postponed indefinitely. From the fact that tho Harbour Board's sale of the eoods was made without the knowledge of defendant, it must bo concluded that they wore not keeping the oil under their notice in the way one would have expected under the circumstances. Bo was of tho opinion that tho consequent loss to plaintiffs was due to the, inefficient methods adopted bv defendant's Customs clerk, and defendants must be hold responsible. On the second claim in respect to the Japanese batteries, which were alleged to have perished in consequeneo or having been stored for an abnormal length of time, the Magistrate found that defendants negligently performed their duty. Defendants were therefore liable for the £11 Bs., and thev admitted liability tho third item (£4 3s 6d.). Judgment was accordingly entered for plaintiffs for the amount of claim (£39 }ys. 3d.), with costs (£8 175.). Mr. H. I'. Yon Haast appeared for. plaintiffs and Mr. H. E. Evans for defendants, BREACH OF AX AWARD. The Inspector of Awards (Mr. G. H. Lightfoot)procceded against Benjamin Dally for a .broach ot the Drivers' Award, in that ho did not give the required week's notice of his intention to leave his employment. Judgment was given against defendant for Ids. , JUDGMENT BY, DEFAULT. Judgment by default was given in the following oases;— The South British Insurance Co., Ltd., v. Ernest Biggs, £2, costs 10s. • lubhc Trustee v. Harriott Hair, £31 lis., costs £2 125.; Wright, Stepheuson and Co., Ltd., v. W. Woodgato, £i 155., costs £2 3s. 6d.; Tripe and Ellis v. Francis Walsh, £3, costs 10s •' The Vacuum Oil Co., Ltd., v AV Archer, £8 lis. 4d., costs £1 13s.'fid.; 1 itbhc Trustee, as executor of the will of John Nilsson, v. James Michic, £4 'Is., costs 175.; Vacuum Oil Co., Ltd., v F. P. Wilkie, £23 10s., costs £2 Us.; The Commercial Ageny, Ltd., v. J. S.Munro, costs only, 3s.'; The Com. mercial Agency, Ltd., assignees, and James.A. Doherty, assignee, v. Elias Martin, £10 10s. Gd., costs £1 10s. Cd.; A. A. Carson v. G. H. Campbell, £7 75., costs £1 3s. Cd.; Horace Howell Plummet" v. James Eraser, £2 25.Id., costs 125.; J. B. Clarkson and Co., Ltd., v. Harry Maarten, £14 12s. 2d., costs 155.; Horace Howell Plummer v. W. J. Hindman, £18, costs £2 os. 6d.; Georgo Alfred Charles Robioson anil Charles Rooking Carter Robieson, as executors of tho will of Norman Athclstanc Robioson, deceased, v. The Miramar Tramway Junction Land Co., *Td., £109 ss. 6d., costs £5 14s. Cd. JUDGMENT SUMMONSES. Judgment summonses were dealt with as under:— John Bailey was ordered to pay Veitch and Allan the sum of £13 ss. on or before September 7, in default twelve days' imprisonment; Robert K. Griffin was ordered to pay Laory, Boveridge and Co., Ltd., the sum of £143 15s. 3d. on or before September 7, in default one month's imprisonment.

DAMAGES FOR COLLISION

The Mowing civil cases were heard by Mr. L. G. Reid, S.M. :— Charles Hugh Cockrcll, of Wellington, clerk, claimed the sum of £3 3s tram Len. Barber, of Petone, settler, damages as a result of a collision between defendant's motor-car and plaintiff s bicycle. Mr. R. Kennedy appeared for the plaintiff and Mr. E M lleechey for defendant.

On Juno 5, 1916, plaintiff was proceeding along Adelaide Road on a bicycle on his correct side of tbo road when it-was alleged that defendant, 'approaching in the opposite direction, ■was driving his motor-car at a high rate of speed. It was further alleged that defendant unlawfully drove his car on the wrong side of 'the road and collided with plaintiff. ' After hearing evidence, His Worship gave judgment for plaintiff for the amount claimed, with costs £1 6s. PLAINTIFF NONSUITED. A claim for £3 9s. 3d. for alle"ed non-payment of rates was mado by the Hutt County Council against ,1. A. Ferguson. Tlio defence claimed that defendant was not the occupier of the property within the meaning of tho Hating Act. His AVorship upheld this contention, and nonsuited plaintiffs with costs £1 Is. POLICE GASES. OLD WOMAN'S PITIFUL CASE. The following . police cases were dealt with by Mr. L. G. Roid, S.M. :— Mary Saunders, old, and limping badly, straggled into Court with the aid of a .stick and two Court attendants. She is 82 years of age, and has no place of abode and no friends savo the police, who have endeavoured to do everything possible for her. Defendant has been repeatedly committed to the Ohiro Home, but she will not stay there. Inspector Hondrey said it was a pitiful case, and as she had been continually found alone on the streets at night, she had been brought before the Court charged witlt boing an incorrigible rogue simply for her own good. The only place where she could bo properly looked after was the common gaol. In reply to a question by his Worship, Inspector Hendrey said that there was proper accommodation at the gaol even for a woman of her age. If she was committed'to prison she would not bo able to leavo the institution. In passing a sentence of six months' imprisonment on the old woman the Magistrate instructed the attendant to make her understand that she was not being sent to prison as punishment, but simply in her own interests. CHARGES OF THEFT. Three men —David Devon, Bertie Hampson, and David Morgan Leckie— wore charged with tho theft of a lady's handbag, valued at 18s. 6d., and £16 10s., the property of Agnes Duncan. On tho application of Mr. J. W. Dicksou an adjournment was granted, till August 31, bail being allowed in accused's own recognisance of £25 and one surety of £25 in each case. MISCELLANEOUS CASES.. , The seven Chinese arrested as a result of tho recent raids made by the police in Haining and Taranaki Streets were, on tho application of Mr. H. F. O'Leary. again remanded till August 29. Bail was allowed as before.

Agnes Wylio, alias Hogg, pleaded guilty to being an incorrigible rogue, and was sent to gaol for two months.

Charles A, Tomlinson, with, three ■ previous convictions against him for insobriety, was fined £3. William Hunter for a similar ofFonco was fined 205.. in default seven days' detention, while George William Jackson was ordered to pay 10s., or undergo three days' imprisonment. ■■••-.

At 3.5 p.m. on Wednesday two men named Clarence. Dougherty and James Sidney Little had an altercation in Manners Street. The result was that both accused appeared to answer a charge of threatening behaviour. Little pleaded guilty and Dougherty not guilty. After hearing the evidence of a constable his Worship convicted and fined each of the accused 10s., in default 48 hours' imprisonment. Albert Saunders, alias John Burli, for having committed a similar offence in Cuba Street, was treated the same as the previous defendants; . George Daniel Connell pleaded guilty to being a rogue and vagabond in that he was found on private premises in Willis Street at 0.5 a.m. yesterday without lawful excuse. Michael John Morrisoy pleaded not -guilty to, a similar charge. An adjournment was granted till this-morning to allow the latter accused to call evidence in rebuttal of the charge. A charge of the theft of a piece of timber, valued at 45., the property of the Wellington City Council, was preferred agamst Newman Coffey. Inspector Hentlrcy asked for a remand till August 28, and this was granted. Bail was fixed at £10.