MAGISTRATE'S COURT

Dominion, Volume 12, Issue 228, 20 June 1919, Page 5

MAGISTRATE'S COURT

VARIOUS POLICE CASES Mr. W. G. Birldell. S.M., heard a number of cases in tho Magistrate's Court yesterday. Norman Bennett (aged 25) and Percy Bennett (aged 22) wcro both charged with the theft of four bottles of whisky, valued at £1 13s. 9d., the property of the Eastbourne Borough Council. Percy Bennett pleaded guilty, and Norman Bennett net guilty. Both were remanded till to-day, the former for sentence and the latter for trial. Edward James M'Lean was charged with having stolen on June 18 one pair of regulation military boots, valued at £\, the property of Edward J. Wiwm. He pleaded not guilty, and was remanded till to-day. Julian'Huggens (aged 61) was remanded to June 25 or. a charge of having indecently- assaulted a male. _ Roderick M'Leod, charged with insobriety and breaches of a prohibition order, was remanded for a week s curative treatment. . , Dan Doran, who was suffering from the ellects of overindulgence in liquor, was also remanded for a week's treatment. Cecilia Hunter was stated by the police £> have been on a heavy drinking bout. She was convicted of insobriety, and discharged with a severe admonition. A ship's' fireman named Samuel Sauiidero pleaded j-uiltv to a charge of having stolen at Timaru a bicycle valued at i's. He was fined £3. The alternative to payment of the fine was fixed at a fortnight's imprisonment. CLAIM AGAINST HAKBOUE BOARD. Sitting in civil jurisdiction, the Magistrate heard a claim preferred by Joseph Clarke and Co.,' of Christchurch, against the Wellington Harbour Board for the recovery of <£79 13s. lid. as damages. . Mr. T. Neav? appeared for the plaintiff company and Mr. T. Shailer Weston for the defendant board. \ The plaintiff company alleged that as a result of the-board's failure to properly care for and store 114 barrels of oil that were delivery the bar-' rels had become leaky, and had lost portion of their contents. The company, as consignee of the oil, had incurred through the iward's neglect loss ond exnense amounting to ,£79 13s. lid. It was contended for. the .defendant board that the company had absolutely failed to prove any damage. The loss oi' oil had merely been normal; the barrels were not good to start with. In the port of Wellington it was not customary for the Harbour Board to store anvoil, as the merchants tdealing in oil had their own stores, and took delivery at the ship's side. The plaintiffs were practicallv asking that the board should be held liable for not having provided a store to receive their oil, when the shipment was practically a speculative purchase by a firm not habitually in the oil business, and itself possessing no ac enmmodation for the oil. The Harboui Board was not there to assist people in their business by providing storage for their goods nending a sale. Mr. Neave submitted a considerable amount of legal argument upon the liability of the board. He also pointed nut 'that there was evidence that before the board had exposed the casks to the sun there had been no leakage. His Worship reserved his decision. UNDEFENDED CIVIL ACTIONS.

Judgment for plaintiff bv default of defendant was given in the following civil eases:—Tripe and Ellis v. Mrs. E. A. Miller, £1 155., costs as.; Joseph Clarke and Co. v. G. Fraser. =£6 2s. -Id., costs .£1 3s. 6d.; same v. F. Fredrico, JBI2 9s. 6d., costs £1 10s. ,6d.i Oscar Jacobsen v. L. Webb, M 45., costs lis.; same v. B. Power, £1 17s. 6d., costs 3s. Gd.j Combined Buyers, Ltd., v. James Henry Musket/ .£ls Is. 3d., costs. £1 10s. 6d.; 'Herbert Hill and Co. v. de Mey Bros., Ji3 ss. 6d., costs 165.; J. G. Stevens v. T. Parata, .625 10s., costs £2 19s. JUDGMENT SUMMONS. On a judgment summons, F. H. Meyer was ordered to pay JEI7 to John Odliu and Co., Ltd., by July 3, in default 6even days' imprisonment.