MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2881, 20 September 1916, Page 9

MAGISTRATE'S COURT

HARBOUR BOARD CLAIM

Mr. W. G. Riddcll occupied the Bench at tho Magistrate's Court yesterday. Reserved judgment was delivered in tho case the Wellington Harbour Board v. Geo. Scales and Co., Ltd., a claim for tho sum of £66 ss. Id., for work and labour done by plaintiff for defendant in respect of transhipping wool from the Kowhai, ivhicli was berthed at tho Taranaki Streot Wharf, to the Dalmoro, which' was berthed' at tho Eailway Wharf. Tho principal facts were not in dispute. These were that the Dalmoro was berthed at the Railway Wharf on January 7, and it had been arranged between Captain Stott, of the Union Company, and the Harbourmaster that tho Kowhai, timed to arrive oh January 7, and loaded with y,300 bales of wool for tho Dalmore,, should be placed alongside that vessel for transhipment of the wool. This was agreed on condition that two hatohes of the Kowhai should be engaged at onco, but if these could not be kept going, it wa3 arranged that tho Kowhai would havo to be shifted to another berth. Prior to this tho berth arranged for the Kowhai was at Taranaki Street Wharf. After work had been commenced it was found that two hatches could not bo kept going, for reasons that had not been considered when the arrangement was made, and as tho TJnion Company required the Kowhai to bo clear of cargo by night, tho Harbourmaster shifted her to tho berth at tho Taranaki Street Wharf which had been originally intended for her. Defendants protested against tho removal of the Kowhai to a wharf so far from the Dalmore._ To them tho berthing of the. Kowhai at the Taranaki Street Wharf meant extra expense, and according to their evidence tho vessel could havo boen berth, ed at a moro convenient wharf and tho charges claimed avoided. Under Regulation 20 of the Harbour Board By-Laws, "every vessel in or arriving within the harbour shall be anchored, moored, or placed whero tho .Harbourmaster shall direct. The position of a vessel shall not be changed, nor shall it be hauled alongside any wharf ormoved from any berth thereat without his permission," and under Section 60 of the Harbours Act, if any wharfinger or other servant of the board gives any undue preference or shows any partiality in loading or unloading any goods on any Wharf belonging- to tlie hoard, the person so-off ending shall be liable to a tine not exceeding £5. Continuing, His Worship said: "Defendants do not allege negligence on the part of tho Harbourmaster, but say that thero was berthage accommodation at tho northern end of the harbour, and if that had been used tho ertra charges through berthing tho Kowhai at Taranaki Street Wharf would not have been incurred. If this ' contention is correct, then tho Harbourmaster must havo failed to give the question of berthinc accommodation for tho Kowhai conjointly with tho loading of fhe Dalmoro' tlio consideration which defendents say it demanded. Irrespective of tho fact that defendants ■ have not shown any direct duty to them on the part of tho Harbourmaster to give tho question of the Kowhai's berthage and the consequent transfor of her wool into the Dalmoro tho consideration demanded by them, it is doubtful if they havo oven proved an error' of judgment on tho part of the Harbourmaster. Arrangements for tho berthage of any vessel are mado between tho Harbourmaster and' tho owners, although consideration is always given to the question of convenience for loading or discharge of cargo." After further reviewing tho ovidence, Mr. Riddell said that the main consideration affecting defendants was to get tho Kowhai's wool on'board tho Dalmore as quickly as possible, and their arguments against tho position of tho Kowhai's berthage were based with that ae tho.primary object in viow. To follow such a course in individual cases would not take into, consideration all the details necessary to adjust the berthage of shipping arriving at the port on January 7 or any succeeding day. "The result of moving the Kowhai was a loss to defendants by Tea son of the extra expense incurred in cartage," said His Worship in conclusion, "but after hearing all tho ■ evidence'for and against tho Harbourmaster's action under the conditions oxisting on that particular day, I am not prepared to sav that he did not exorcise his discretion in tho matter in a reasonable manner, and having done so he has discharged any duty he might owe to defendants in' this case. I think judgment must be for plaintiff for the amount claimed." Costs amounting to £6 4s. were also allowed. At tho hearing Mr. T. S. Weston appeared for plaintiffs, and Mr. A. W. Blair for defendants, a JUDGMENT BY DEFAULT. Judgment by default was given in the. following undefended cases: — Nicholas Blanchfield v. Elias Mitchell dos Landes, £3 10s., costs lis.;' Hinga Raharuhi v. Mateno Raharuhi, £107 19s. 7<1., coste £6 Bs.; Hallenstein Bros., Ltd., v. A. Sutherland, £6 os. Id., costs £1 Cs. 6d.; Gordon and Gotch Proprietary, Ltd., v. W. Boddy, £4 18s. 3d., costs 10s.; same v. John Jones, £2 (10s. 9d., costs 10s.; G.\ H. Thornton v.. Mrs. A. Jackson (against her separate estate), £2 14s. Id., costs 10s.; the C. and A. Odlin Timber and Hardware Co., Ltd., v. Albert Nicholson, £1 9s. 10d., costs 55.; the Dunlop Rubber Company, of Australasia, Ltd.; v. T. H. Washbourne, £21 4s. 53., costs £2 145.; A. and T. Burt, Ltd., v. Ralph Heald, £2 7s. fid., costs. 135.; C. Greatrex and Son, Ltd., v. P. G. AVarring, £18 25., costs £1 10s. 6d.; Robert Ncilsou and J. H. Wagg v. H. G. Ruttcr, £6 2s. Id., costs £l"3s. 6d. JUDGMENT SUMMONSES. Judgment summonses were mado as undor:— H. Taylor was ordered to pay Jack Jacobus tho sum of £2 lis. on or before October 3 in default 48 hours' imprisonment. J. Soskey was ordered to pay George anil George the sum of £1 16s. 3d. on or before October 3, iu default 24 hours' imprisonment. STORY OF A TAXI DRIVE. Mr. D. G. A. Cooper heard the following cases :— A charge of having obtained credit from Maurice O'Kane, taxi-car driver, of Wellington, for motor-car hire to tho extent of £5 by moans of fraud, was preferred against Percy Moet. Defendant is a grey-haired man, 46 years of age. Inspector Hondrey stated that Moot had hired the taxi driven by O'Kano on Saturday last, and- had paid 2s. for a drivo from Brandon Street to a hotel in tho city. Subsequontly Moet ordered tho car for 2 p.m. next day, and at the appointed tirno O'Kane turned up, and took defondant and two women out to Paokakariki. No arrangement was made ns to the charge for the trip, but O'Kano mentioned that it would be about £5. On returning from Pao- ! kakariki tho faro was not paid, , aU i though defendant had stated that ho had £25 in tho bank, which had been , proved to bo correct. Before disI missing the taxi Moet said that he would probably require tho car again on Monday. ' Meantime O'Kano had becomo suspicious of his faro, and had ordered defendant's arrest just as he was about to leave by the Auckland express on Monday ovoning. Evidohco was given by O'Kano as to tho hire of tho car by Moot, and Charles Frederick Priest, licensee of tho Terminus Hotel where Moet had

istayod, also Sergt. Wade, who had ar. rested defendant. Mr. H. F. O'Lcary, who appeared for accused, submitted that tho prosecution must fail as it was a civil debt only. There had been no fraud,and defendant was quito willing to pay the.money. His Worship said that he was sorry to have to ngreo with counsel, and tho ehargo of fraud must ho dismissed. Nevertheless he felt convinced that Moot had intonded to defraud O'Kano. On a second charge of insobriety, Meet was convicted and discharged. POLICE CASES. Mary Smith appeared to answer a charge of being an incorrigible rogue. She had been previously convicted for being an idle and disorderly person as well as a rogue and a vagabond. The Magistrate sont Smith to gaol for twelve months. On a second charge of drunkenness she was fined 205., in default three day's imprisonment. For insobriety Jame's Healy. who had a previous conviction against him. was fined 10s., in default 48 hours' detention. A similar punishment was meted out to William Corrick for a like offence. ' For having procured whisky during the currency of a prohibition order John Priest was fined 405., the alternative benig fixed at seven days' imprisonment. For drunkenness, ho was fined 10s., or 48 hours' detention. •On September 11 Robert Henry Robertson was found in a state of helpless drunkenness at Masterton. On appearing at Court hero yesterday ho was ordered to pay 20s;, tho cost of curative treatment, and £1 7s. 6d., the amount of oxpensos incurred at Masterton. Norman Leonard Findlay obtained from Albert R. Durant at Wellington on May 16 £5 in money by means of a valueless cheque. After hearing evidence the Magistrate ordered accused to comb up for sentence when called upon, and instructed that lie should be handed over to the military authorities. '.