MAGISTRATE'S COURT

Dominion, Volume 10, Issue 3141, 20 July 1917, Page 9

MAGISTRATE'S COURT

POLICE AND CIVIL CASES. At the Magistrate's Court yesterday Mr. U. Hiddell, S.M., presided and Heard the police cases. Thomas Brown, charged with failing to make application to become enrolled in tho reserve as required by the Military Service Act, was convicted and fined 405., with the option of seveu days' imprisonment. A iino of 405., in default seven days' im- i prisonment, wan imposed on John CQgau I in respect to each of three charges, name- 1 iy, being found drunk, assaulting Arthur Jienr.7 Rogers, and failing to quit liceused D mis - C3 w^cu requested to do so. in For insobriety George Browse was fined IDs., the alternative being 24 hours' imprisonment, and for using obscene language in Buckle Street he was 6cnt to gaol for twenty-one days. Thomas Benson, was fined 205., in default three days' imprisonment for druukenness, and one first offender was convicted and discharged. Ihomas Jlolden, charged with failing to provide his wife with adequate maintenance, .was remanded to Monday. Bail was allowed in £50 and two sureties of £25 each. t A remand until to-morrow yras granted in the case of Michael Joseph M'Cann ou live charges of theft. Arthur Thomas Lamb, for whom Mr. P. Vv. Jackson appeared, was charged that on- April 20 he did obtain from Annie late goods to the value of £4 15s. by means of a valueless cheque; also with obtaining, on July 10, at Palmerston | North, from F. Slater, one Indian motor- , cycle, valued at £94 10s., by means of a i valueless cheque. On tho application of Unief Detective Boddam a remand to July ® W9 granted and bail was allowed in £50, and one surety of £50, or two sureties of £25 each. CIVIL ACTIONS. Judgment was given for plaintiff by default, in tile following cases:—Annie Coward v. Dolly Perry, £1 103., costs 55.; Elizabeth R. Alcorn v. J. H. i'lcmj*, 17s. 6d.» costs £1,35. 6d.; Wellington Meat Export Co., Ltd., v. Mrs. *V. S. Uarding, £19 3s. 6d., costs £1 15s. 6d.; E. T. Wyiine Bond v. William C. R. White, .f.W, ..-.-id xl 145.; Commercial Agency, Ltd., v. Bamkin and Dickey, £7 175., costs £1 3s. 6d.; William Murphy v. William Tinucy, £10 J4s. 4d., costs £1 10s. 6d.; Hickmott aud Son v. E. Biggs, £3 2b. 6d<, costs 10s. t Dr. A. E. CouxciiH v. C. O'Brien, £4 4s„ costß 12s. The Inspector of Awards (R. T. Bailey) proceeded against Rouse, Black, and Son, ooach-buildcrs, to rccovcr a.penalty of £20 for a breacli of tho coaoh-liuUders award in # employing an apprentice without notifying the Inspector of Factories. There were extenuating circumstances and a heavy penalty was not asked for. Judgment was given for plaintiff for 10s. Judgment, was given for plaintiff for 10s. in tho case of tlio Inspector of Awards (R. T. Bailey), who sought to recover a penalty of £10 -from Pappas and Azale. proprietors of the International Cafe, Manners Street, for a breach of the private hotel and »oyster saloon award in failing to post, up in a conspicuous place a time-sheet as required by the terms xof the award. * , CLAIM FOR DAMAGES. A caso whioh occupied nearly the whole of the afternoon was ono iu which John Timothy Foley, barman of the Cricketers' Arras Hotel, for whom Mr. J. J. M'Gratli appeared, sought to recover from J. Oraigc, Government Fruit Inspector, represented by Mr. V. R, Meredith, of tho Grown Law Office, tho sum of £4 for damages alleged to have been caused to plaintiff's motor-car through defendant's ueeligeneo in driving a motpr-cyclo on the Happy Valley Road on April 28. The defendant counter'claimed from the plaintiff tho sum of £25 damages alleging that Iho plaintiff, by negligently driving a motor-car, caused the defendant serious bodily harm and pain and suffering. Tho defendant further claimed the sum of £7 19s. as special damages, tho amount named having been incurred in expenses. A number of witnesses were heard and the furllier hearing of the ease was adjourned until 2.15 p.tn. to-day. .A QUESTION OF JURISDICTION. A case was argued before Mr. S. E. M'Carthy, S.M'.,. yesterday afternoon involving the question of the Magistrate's jurisdiction arising out of the easo of Christopher Ilobbs v. Ellen Jane Reesby, heard at the Lower Hutt on July 6, when the Magistrate refused to raako an order for tbe possession of a tenoinent ■ o.ccupicd by the defendant under an agreement to lease from tho plaintiff. The defendant, counter-claimed for damages because of tho alleged unlawful disturbance to her possession by tho plaintiff. The lounter claim, was adjourned for argument for the purpose of deciding tho question as to whethor tin Magistrate had jurisdiction in oonseaucnee of tho .question of tbe titlo having been raised. After hearizu: t lie argument of t counsel the Magistrate reserved his decision. Mr. P. W. Jackson appeared for Ilobbs and Mr. E. P. Bunuy | for Mrs. Rcesby. ALLEGED WRONGFUL ENTRY. William Phillips proceeded against. A. T. Munn to rccovcr £10 for damages for alleged wrongful entry into stables, cartshed and paddock rented by the plaintiff from the defendant. Phillips went into camp in April last and turned over the stables to his brother. Tho landlord alleged that thcro was a nuisancc on the premises and he therefore took possession. I The plaintiff denied that a uuisance ex-1 isted. After hearing the evidence the Magistrate held that Phillips, having gone into camp, had abandoned the, premises. Judgment was therefore given for defendant. with costs 21s. Mr. E. M. Beechey appeared for plaintiff, and Mr. P. W. Jackson for defendant.