MAGISTRATE'S COURT

Dominion, Volume 12, Issue 196, 14 May 1919, Page 3

MAGISTRATE'S COURT

POLICE BUSINESS " THEFT OF CLOTHING. A plea of guilty was entered by a youth liamed Arthur Ileury Pye when oharfjed before Mr; F. V. Frazer, S.M., at the Magistrate's Court yesterday with stealing a pair o£ trousers valued at £1 19s. Cd., tho properly of Kirkcaldio and Stains. Chief-Detective Doddam stated that tho theft was a particularly mean one. Tho accused was employed. by a cleaning contractor, and on. May 7 was ci'Kaged. in cleaning the shop and windows ot Messrs. Kirkcaldio and Stains, and he took the trousers from the window display.' This theft caused suspicion to fall on tho cleaners generally. Pye, was arrested on Monday when wearing tho, trousers. Ho lind been three times previously convicted of theft. His AVorship took mto consideration defend-, a'nt's age, which was 19 vcars, and imposed a fine of £b and ordered defendant to pay the cost of tho trousers, in defnult n month's imprisonment. Quo month was nllowcd in which to pay the ■fine.; • ' ' . , With n list of twenty-five previous convictions, William Smith, alias Cox, appeared to answer n charge of having stolen an overcoat from tlie doorway of the shop of William Hornig, in Cuba Street. Acting-SuVlnspector Emerson said that the accused took the coot and made off up Cuba Street, but was followed and captured by a shop assistant and was handed.over to the police. His previous convictions included a number of charges of Uieft. Hjis Worship imposed., a. sentence of three mouths imprisonment. ■Ambrose Patterson Williams was fined £\ for drunkenness and was ordered to pay Bs. expenses.. Donald 'M'Dphnld was fined Jβ for a breach of his 'prohibition order and was convicted and discharged for drunkenness. Fonr first-offenders, were fined.. iOs.. each, and two others were fined ss. each. BY-LAW CASES. . . « For leaving his cart in a public place at night-time without having lights attached Harry Tann was fined ss. and costs 7s.' For a like offence .Arthur, Guest was convicted and discharged. Having purchased, a motor-car, Jamos O'Connor , failed to register the transfer, and for.this offence was convicted and fined 10s. and costs 7s. . i ■" Arnold Vivian Castles, wasi fined 10s. and-ordered to pay costs, 75., for driving a motor-car without first having obtained a license. CIVIL BUSINESS '■■ ■■■ ; A BELATED ACTION. .' '" . -J. . M'Cluggage, land agent, of Stratford,, proceeded against Thomas W. Rap■ley;- insurance manager, of Christchurcn, to recover the sum of .£SO. being . the amount of-a promissory noto made'by defendant in favour of the plaintiff. ' .The plaintiff, in evidence, stated that he and the defendant were interested in mining ventures known ns the King Gold Mining Company and the Dominion Mining Company 6omo yeare ago, and the plaintiff,-.with two others,'guaranteed a bank overdraft for Rapley at tho Bank of v New South Wales for J6OO. Some time later the, bank called upon the guarantors to pay off the overdraft, whioh they did. . The "plaintiff stated that he had paid .£IBO in respect to Rapley's private account and had applied to-him for repayment. Later the defendant gave promissory note for .£SO, the bill bei'n? mostly in blank and only contained JCSO in figures and the defendant's signature. Plaintiff then approached his solicitor'with regard to having tlie bill met, but lie wa3 advised to hold it until such time as the defendant wns in a position to pay the money. Some time elapsed and plaintiff then filled in the words "on demand" and presented it at,the Bank of New South 'Wales, Wellington, but it was not met. Plaintiff then-made several .appointments with the defendant, but the latter failed to keep them. , '" ■ -

'.' Counsel'- for. th,e defence submitted that .the defendant was'protected'by the statute of ..limitations, .but he' applied for ii nonsuit on the ground that the', i≤lßo paid .'by-'the plaintiff was in respect of an overdraft of ,£600.0n a mining venture, and that the plaintiff was' Riven authority, in an agreement mndo with the defe.ndant, to collect moneys due to the. particular company in order to get reimbursed. After hearing the evidence, His Worship, nonsuited plaintiff and allowed defendant costs, 13a. 6d. Mr., P. Levi appeared for the plaintiff and Mr. H. Buddlß for the defendant. i A SOLICITOR'S CLAIM. David M'Cubbin Findlay, solicitor, proceeded against E. W. Ajmand, warehouseman, for the recovery of wCG 6s. for services rendered by plaintiff as solicitor for the defendant in preparing an agreement for the lense of a property belonging to J. B. Finlay. From the evidence of the plaintiff it appoared that Mr. J. B. Finlay notified plaintiff that the defendant was prepared to lease hie property,' and asked him to prepare an agreement. This was accordingly done, ■with reference to tho defendant, who desired certain alterations in the agreement in bo far. as its expression was concerned. Defendant intimated that he would ; tako a lease for two years, and he did -not raise'any objection to the intimation that he would be responsible for the costs in connection with the agreement. The defence was that the defendant was' not a client of the plaintiff's and that he had) not been informed that ho would'be responsible for the coats incurred in preparing tho agreement. Counsel submitted-that plaintiff's course woe to prooeed against Mr. J. B. Finlay, who gave tho instructions for the preparation •of the . agreement. His Worship gavo judgment for -plaintiff for the amount claimed, with costs .£2 Bs. Mr. D. Jackson appeared for the Dlaintiff, and' Mr. o'. C. Mnzengarb for the defendant. •■'■■ . TENEMENT CASES. "Arthur Hyde , ,-who was represented by Mr. H. F. O'Leary, proceeded. against Charles .I'urneas .for the possession of a -tenement, and also accrued ' rent amounting to '£1 Ylfi. Hyde had been given notice to quit-the , house he at .present oocupied, and desired to enter into possession. of hie own' house at. present occupied by Fnrnoss. The defendant intimated that he had now secured a house and would soon bo able to give up possession. "His Worship made an order in favour of plaintiff for possession within" three weeks,, and also for tho rent, '.together with costs amounting to £2 Is.

' ■ JUDGMENT BY \ DEFAULT. Judgment for plnintiff by default was given by Mr. F. V. Frasor, S.M., in the following undefended civil cases;— Samuel Brown, Ltd., y. \Villiam Eice, .£lO 103. Cd.. costs £1 133. 'Gd.j H. Baldwin and and J. Mitchell, assignees of the estate of. G. M. Williams, v. Charles E. Binns, M 13s. fld., costs 10s.; John Nicol v. Stanley Booth, 17s. Cd., costs lls. ; Duulop Rubber Coy. of Australasia, Ltd., v. C. Scott, 16s. r 9d., costs ss. JUDGMENT SUMMONS. Thomas Sifflet was ordered to pay the New Zenlund Automatic Bakeries, Ltd., the sum of .£1 17s. lid. forthwith, in default two days' imprisonment, warrant to bo suspended for one week.^