MAGISTRATE’S COURT

Dominion, Volume 14, Issue 134, 2 March 1921, Page 9

MAGISTRATE’S COURT

POLICE AND CIVIL CASES Mr. F. K. Hunt, S.M., heard the police cases in the Magistrate’s -Court yesterdaWilliam Pollock Fraser and Stuart Fraser (father and son) were charged with being drunk and with resisting Constable Huston. The charges against the elder Fraser were dismissed, but the son was convicted and fined ss. for drunkenness, and-40s. for resisting the constable. Charles S. Woodward was charged with stealing £5, the property of M'Lellan and Co., contra-ctors., Dunedin. Chief-Detective Ward said the offence- had been committed in 1919, and he was not prepared to go on just then. Ho asked tor a remand for a week, which was granted. Bail was allowed in £25, and one surety for a like amount. , ~ Ernest Janies Smyth, a- waterslder, pleaded not guilty to assaulting Chin You Kwang, a laundryman, in Moleswortn Street. Mr. A. B. Sievwright appeared tor Smyth. The Magistrate said the evidence was very conflicting, so he would give the accused tho benefit of that, and dismiss the information. CIVIL CASES ' Mr. W. 0. Riddell, S.M., dealt with the civil actions, and gave judgment for plaintiff in the following undefended cases:— Francis J. Foley v. H. Stephens, £2 lyB.» costs 338. 6d.; Gaudin Marr Ltd. v. H. Parkes. £3 12s.j costs 295. 6d.; J. 0. Smith v. A. Oxenham, £4 Ils. 6d., costs 235. 6d.; B. Bergounan v. N. M. M’Dougal, £25 17s. 7d„ costs £3 18.; B. C. Collins V. A. J. White, costs only. 18s.; Vacuum Oil Co., Ltd,, v. Fred. C. Ragers. £5l Ils. id... costs £4 118. Cl.; B. Smith v. Mrs. M. Olay, £2B 6s. 10d., costs £3 ls.| same v. Mrs. A. J. Willoughby, £lB 15s. 10d., costs £3; Hope, Gibbons, Sons and J. B. Clarkson, Ltd., v. Hector Parkes, £l2 15s. 6d., costs £1 95.; Alexander Ross Engineering Co.. Ltd., v. r. Armstrong, £1'158., costs 95.; Ernest Brown v. William Cooper, £8 10s-. 7d„ costs £1 Ils. 6d.; B. and E. Tingey and Co.. Ltd,, v. J. Proctor, 14s. 3d., costs 95.; F. F. Nevvport v. Letitia L. M'Kay, £23 25., costs £3 2.8. , The question whether the clauses of & lease of a building had been complied with wae Involved in a civil action brought by W. 11. Long and Co., brokers (Mr. H. F. O’Leary) against John Nicol, plumber (Mr. O. 0. Masengarb), before Mr. W. G. Blddell, S.M- The premises in question were known as ho. 57 Ltioa Street. In July, 1913, as a result of a.n alleged breach of the covenant, water entered the premises and damaged a quantity of peas which had lieen stored on the premises on behalf of H. Gibbons and Co., Ltd. In consequence of this Gibbons and Co. recovered the sum of £4O 12s. 6d. by way of damages. It was ‘urther alleged that plaintiffs lost the use of the premises for storage from August 1 ta November 1, 1918. The plaintiffs therefore claimed a total of £B6 is. fid. After hearing the evidence, the Magistrate reserved decision, and indicated that ho would inspect the buildings in the meanwhile.

BY-LAW CASES Mr. F. K. Hurifc, S.M., dealt -with the by-law cases- , f . For lighting a fire on his property without permission, Lionel G. L. Marshall was convicted, and ordered to pay 7s. costs. Frank Thomas was charged with leaving his motor-car unattended in the street. He pleaded guilty, and pointed out that he was a commercial traveller, and could not always do his business within the time allowed. He was ordered to pay 7s. costs. Harry Little was fined ss. and 7s. costs for exceeding the speed limit on his motor-car. . , . For having no light on his motor-car William J. Keel wag fined ss. and 7s, costs. Gerard Corvissiano, who did not appear, was charged with driving a .motor-car on the Hutt Hoad in a dangerous manner. Tho defendant had been previously convicted for breaches of the traffic regulations. He was fined £5 and costs. For failing to pay his tram fam G. Halcrow was fined s<?, and costs £2 55.; F. M'Donald was convicted of a similar offeree. and was ordered to pay 30s. costs. For allowing stock to wander, Frank Kettlewell was fined 55., and 7s. costs, and the Milk Vendorr’ Association waa similarly fined. Harold Wall, for exceeding the speed limit (two charges) was fined £5 and costs. An expressman. . Walter Davidson, was charp-nd with refusing to remove hir vehicle from the Queen's Wharf when re ouesfcd to do so. also with driving hi? vehicle on the wharf without permission. He was fined 10s. and costs, which were heavy.

Wnncr Lowe, a Ohl nose rraraenpr Island Bay wpp. convicted of. nermifting offensive matter to aceimulate on h’s* nrnnertv. He was ordered to pay the costa. 17?.