MAGISTRATE'S COURT

Dominion, Volume 14, Issue 59, 3 December 1920, Page 3

MAGISTRATE'S COURT

POLICE AND CIVIL CASES

Mr. F. K. Hunt, S.M., presided at the Magistrate's Court yesterday, and dealt with the nolice cases. For committing a grossly indecent act in Jfolesworth Street on Wednesday afternoon, William Magee was -fined m., and for drunkenness he was fined ss. Georgo Shaw, a flreniau on the Maroraa.'i while drunk, on Wednesday afternoon, was alleged to bavo brutally assaulted a Dersojt unknown. It appeared that bhaw was in company with seven or eight ot his fellows, and when near the Customhouse he cssaulted a man, knocking him down nnd causing him to orash bis head through a window. A crippled man then cauio up and tried to pacify the men, when another fireman named George uaylor struck at the cripple, who ran away. Taylor. followed him and knocked him down. Taylor fell on the ground alongaido of the cripplo and continued punching him in a, brutal manner. Both accused were convicted. Shaw was sent te prison for seven days for assault, and Taylor was sentenced to 14 days' imprisonment for assaulting the cripple. For drunkenness each man was fined 10s.. in default 48 hours' imprisonment. George Vellß was charged with breaking and entering by day the premises of Arthur Hodgson, 324 Adelaide Boad, and stealing £7 ss. in money; ho woe also charged with esc-flpinff from oustody. He was remanded to Docembcr 8, and bail was'allowed in one surety of £100. William Scanlon, a lmlrdiessor, who was in arrears to the ratent of £14 in respect to a maintenance order, was sentenced to three months' imprisonment, the warrant to be suspended so long as he pays £2 per week. ClVfc CASES Mr. W. G. Kiddoll, S.M., dealt with tho civil business " and gavo judgment for plaintiff by default in the following cases: -Ooriimercial Agency, Ltd., and E. W. Mills and Co;, Ltd., v. T. V. Latham, £6 18s. 6d., costs £1 15s. 6d.; Commercial Agency, Ltd., v. F. C. Young. £10, costs £2 -75.; Iteginald Collins, Ltd., v. E. J. Knapman, £8 Ms., costs £1 lis. 6d.i Hope Gibbons. Sons, nnd J. It. Clarkson, Ltd., v. E. Porter. £14 16s. 2d., coats £1 125.; Lawrence and Hanson Electrical Co., Ltd., "■ A. Harrison, £13 10s. 5d., costs £2 145.; Leonard Hardie v. A. L. M'Neil and Co., Ltd., £86 lis. 4d., costs £5 3s. 3d.; Vacuum Oil 00. v. B. Lewis, 18s., coßts only; Wallace and Gibßon v. L. Gestro, £5 4s. 10d., costs £1 14s. fd,; Yeitch and' Allan v. J. Paul, £2 10s., costs £1 !s. 6d.; Miss T. A. Simmonda v. Mario J. Scarlc. £6 13s„ costs £1 lis. 6d,; C. Boyle v. Tliomaa Lovett, £6 16s. 6d., costs £1 10s. 6d.; T. A. Wells and Co., Ltd., v. Lilian M. Jt'Conuiek, £4 12s.', costs £1 3s. 6d.: Sargood, Son, and Ewen, Ltd., v, F. 0. loung, £21 163. 9d., costs £3 25.; L-aery, Bevondge and Co., Ltd., v. E, J. Knapman, £31 Bs.' Id., costs £4 2s. 6d. On judgment summonses, It. Honre was ordered to" pay Yeitch and Allan £5 7s. •id. by instalments of £1 per month; Arthur E. Kees to pay Elsie Eglcy £170 19s, 6d. by December 16, or to go to prison for 28 days.

LUGGAGE LOPT FItOM HOTEL. The, liability of-tlig licensee of an hotel for the loss of luxcaue of a boarder was involved in the action brought hy T.,J. y. Evans (Mr. T. Young) against Annie ?rn «.V h( * nso « of tho Pier Hotel (Mr. 11. i. OLoary) to recover the Bum of £93, in respect to the loss of luggage and con- .:? hllc . tho Plo-intiH was ft boarder at the hotel. The facts were statod to be 'bat plaintiff, together with two other men, whose acquaintance he made on ?£ ar l f, 6t<!am er, were given a room in the hotel on May U. The next day the two acquaintances left, and two others, BeaUring men, were placed in the room with plaintiff. On the following day, plaiikiil went out in the morning and did Sn™ ret Y n 4 S hotel "ntl! the aitcrLT' w fe n i°. discovered that two suit cases with their contents and his overcoat had disappeared. Tho seafaring men fi.?. we m?. miBSla K. and had not since been SS-. k . ma "e r was reported to the police, but none,of tho goods had been recovered After hearing the evidence the Magistrate reserved his decision.

HEFUND OF DEPOSIT CLAIMED. Annie Buchan. of Wellington, innrried woman (Mr. J. F..b. Stevenson), claimed from, irodenck Jones, buotnmkcr (Mr. M. Lmckie). a refund of J>so, deposit paid under an agreement to purchaso a house. A condition of tlie sale was that possession and occupation were to ba given to the plaiutirt within flTe weeks of the date of agreement. Tlie defendant, it was alleged, was unable to eject the tenant, and the plaintiff therefore rescinded the agreement of sale and purchase, and claimed the return of the deposit, For the defence-it .was contended that legal proceedings were .taken for the ejectment of the tenant, and before the case could bo heard the plaintiH purchased another property, notwithstanding that she agreed to await tho result of the legal proceedings. The tenant had actually made arrangements to store Mb furniture and go out to board, but hearing of the plaintills second purchase he declined to move. His : Worship wanted evidence as to when the. contract .for the. purchase of the second houae- was entered into by the plaintill, and to enable this to be done hearing was adjourned lor a week.

EXTRA PAY FOR STEWARDS. Mr. K. T. Bailey, Inspector of Awarda, proceeded against the Union S.S. Company, Ltd., fur failing to pay the stewards employed on the steamer Jtarania. an extra, day's pay when leaving l'apeeto on a; Sunday. The question before the Court was one of interpretation of a clause of the .New Zealand federated cooks and stewards' award. Mr. Bailey contended that the ship was unmoored and left the wharf' on Sunday, July. 25. The vessel was. timed to leave Papeete at 4 p.m. on Sunday, but actually left the whan about 8.p.m., and anchored some 500 yards away from the wharf. Having left the wharf, Mr. Bailey contended that Bho had 'proceeded to sea within tho meaning of the award. The vessel left Papeete early on Monday morning. Mr. P. lievi contended that the ship did not leave port until Monday'.' and therefore the stewards were not entitled to tho extra day's ""pay-. After hearing argument, His Worship reserved lfis decision.