MAGISTRATE'S COURT

Dominion, Volume 14, Issue 41, 12 November 1920, Page 11

MAGISTRATE'S COURT

—— ; POLICE AND CIVIL CASES • Mr. F. K. Hunt,' 8.M., dealt-with the polico business in the Magistrate's Court •yesterday. • For drunkenness, Garnctt Cotter (aganst whom thcro was one previous conviction) was fined 10a., in default 48 hours' im- . prisonment; John MKinnon (with-two previous convictions) was fined 20g., in default .' throe days' imprisonment; Rnd John Wynne (with four provjous convictions) was fined 205., with tho option of. three days' imprisonment, and n prohibition 'Order to be effective for>twelve months, was issued against him. , ! For' using obscene •language- near • the .Post Office, in' Featherston Street, Albert Taylor, a seafaring man, was fined £3, with the alternative of seven days' imtrisonment and .for drunkenness ho was ned ss. in default 24 hours' imprison- . ment. Thomas Duke, a. fireman, was charged with assaulting Constablo Jarrold, also ■ with resisting Constablo Munro. Martin . M'Donough, another fireman, was charged with using obscene language in Grey ' Street, also with- resisting Constablo Jarrold, and'with obstructing the Bame constable, The two men, with other firemen, were creating a disturbance in the Post v 'Office Hotel, and were turned out by Constable Jarrold. In the street Constables ' Jarrold and Munro hnd occasion to arrest \ one of the number, when the.offences were ■ committed. Both men had .records. They ■were convicted, and sontenced to a month's : Imprisonment each. i Hoy Georgo Cudby, 17 years of age, was' (charged with the theft of tramway, tickets, •valued at Is. 6d. 'Sab-Inspector Emerson, in asking for a remand for a.week, suggested that the boy should be kept in custody, as ho appeared to bo beyond the control of his people, and there were : other' charges pending againßt' him. • Tho remand was granted. Tho Probation Officer reported that a . probationer under tho First .Offenders Ant, who was granted three years' probation in 1 1918, while'behaving satisfactorily, did not report to tho officer as required. Ho gave ■ considerable trouble in that respect;. Mr. JHIIb suggested that the term of probation should be extended for another year. ..' as provided in. the now Act.,. The Magistrato mado.the ordor aB suggested, and ordered tho man to report weekly. Alfred Jameß Olark was remanded to appear irt»Ohristchurch on Saturday on a charge of failing to comply with a maintenance order in respect of his wife and 'children; , ~' " -".,'."' ■ '■;..'-ov^ttSEs Mr. W. G. Riddell. S.M., heard the civil cases, and gavii' udginent for plaintiff by ■ default in. tho following :—Lawrence- and ■ Hanson Electric Co., Ltd., v. A, W.'Hunter, £20 125., costs £2 165.; C-Snelling v. Walter Cook, £' 2s. 3d., costs Us.: A. S. Pateraon and Co., Ltd., v. B. Byrn, £64 os. 3d., costs £4 6s. 6d.; Public Trustee (estate W. M'Gill) v. Eleanor Paterson;'£B 7s. 6d., ■costs'£!• lsi 6d:;. C. B. Lempriero and Co. v; W. T. - Withers, : £S Is.,' costs £1 3s. 6d.; ' ". 0. J. Hyams, Ltd., v. Fred. Torric, £22 195., costs £2 lis.; George Elston v. F. J. Hamilton, £150, costs £7 55.; Bakers' and Pastrycookß: Union- v, K-. Whiting, £1 65., costs • Bs. same v, George Wood, £1 18s., costs Bb. B. Gould, of KUbirnle (Mr. A. 1). Siey-wright)-proceeded against William Wilßon, "Dixon Street (Mr. H. F. 'Von Haast) to | recover £25 in reßpoct to a- bay mare, which 'plaintiff purchased from the defendant, to- ■ gether,with an express and harness. Tho , mare, was warranted sound and staunch, 3 but'it was contended for the plaintiff that ' tho animal suffered from chronic lameness, was unfit for work, and not sound. ■•'Jhe i • defendant maintained that at thu time ( of sale the mare was sound. In addition . - to tho £25, tho plaintiff claimed £20 for the • .loss of service of the express, horse and , harness. Several witnesses were called by ' .both parties. The Magistrate said that 1 'had the plaintiff made a proper inspecti-A ( at tho time of purchase' the trouble would have been averted. He gave judgment for ; ' plaintiff for £10. Mr. F. K. Hunt, S.M., had before him a -case in which O. and M. Hugo-,(Mr.- N. Johnson) applied for • an ejectment order against Mrs. Georglna White (Mr. J. ■•• O'Donovan). Tho plaintiff, had purchased the premises by agreement for sale and purchase, but had not become possessed of tho title, and notice had been.served on the defendant by the original landlord constituting the. purchaser the landlord. The action was brought in tho name of , tho purchaser as landlord, under the first ■ rob-cla-use of the Act.. Mr. Johnson nrgued , that as the plaintiffs had been.constituted the- landlords their title' was not open to question by'tho defondant. The Magistrate 'dismissed that view, holding that the- spirit of the.second sub-section overruled' that. Judgment, however, was given i for plaintiff for £6 10s. rent.