MAGISTRATE’S COURT

Dominion, Volume 14, Issue 169, 13 April 1921, Page 11

MAGISTRATE’S COURT

POLICE, CIVIL AND BY-LAW CASES

BREACH OF PROBATION TERMS Georgo Robert Alexander Irving, who kad been placed on probation for two years on being convicted of theft, was charged before Mr. F. K. Hunt, S.M., yesterday, with failing to comply with the terms of his release upon probation. The Probation Officer (Mr. Mills) stated that! one of the conditions of release was that Irving was not to accept employment except with the consent of the Probation Officer. Irving left Wellington without giving notice to the Probation Officer, or even letting his own wife know where he was. Irving was arrested in Ashburton. After some discussion Mr. Hunt decided to adjourn the matter for a fortnight. Irving was also charged with failing to maintain his wife and infant child, and this matter was also adjourned for a fortnight. A youth named William C. M'Everdy, 17 years of age, pleaded guilty So absconding from his licensed service, and, further, with stealing a coat and a pair of trousers valued nt 305.. the properly of Walter Bush. M'Everdy was licensed out in August last and absconded from service and stole the cpat from a follow worker. On the first charge he was con. victed and ordered to be returned to Weraroa, and on the second charge he was convicted and discharged.

John Rice, an American citizen, was charged that on December 6 last,, he landed in Auckland without a passport, and on April 9, with attempting to secrete himself On the s.s. West Holbrook without the consent of the master or owners. Sub-Inspector Willis stated that a letter had been received from the American Consul undertaking to return the defendant to the Unitfed States by the first outgoing steamer. In view of this Rice was convicted and ordered to come up for sentence when called upon. 1 CIYILCASES , The civil business was heard by Mr. W. G. Riddell, S.M., who gave judgment for plaintiff in the following undefended cases: -Michael Myers v. Frederick J. Dillon, JlAl 7s. Bd., costs £4 9s. 6d.; Osmond and Son (N.Z.) Ltd. v. Mrs. Alma. Aylward £2 175., costs £1 16s. Gel.; E. ’ Bolton v. Elizabeth Wood .£25 14s. 3d., costs £3 35.; D. L. Cragg y. L. Paul £2 13s Id., costs £1 6s. 6d.; Crawley Ridley and Co. v. Herbert Avery £6 4s 6d. costs £1 14s. 6d.; Fitzgerald and Pearcq Ltd. v. T. K. Cockburn £1 125., costs Bs.; Robert Hart v. H. Nattrass £l4’4s. 6d., costs £2 145.; A.Levy Ltd. v. Mts. E._ Boggs £ll 55. ( costs £2 165.; L A. Line v. Daniel M'Farlane £2 25., costs £1 6s. Gd.; J. J. Niven and Co.', Ltd. v. A. Southee £1 17s. 6d., costs Bs.; E. Morris Junr. v. G. E. B. Wolfe £9 7s 6d., costs £1 13s. 6d.; S. Rowe and Sons, Ltd. v. G. F. Seivers £44 13s. Id., costs £4 3s. 6d.; James D. Ward v. W. White £1 15s. Id., costs 95.; Reginald Collins, Ltd. v. A., C. D. Munro £l4 18s., costs £2 145.; Van Staveren Bros., Ltd. v. E. W. Green £B7 14s. sd„ costs £2; Oscar Hewett and Co. v. W. L. Chalklin £l2 55., costs £2 195.; W. Wylie v. A. Aitken £2 19s. 7d., costs £1 3s. 6d.; Clement Walker v. David Bergersen £5 10s. Bd.. costs £1 13S. 6d.; C. H. Thornton and Co. v. Herbert A. Haycock £6 6s. 3d.. costs £1 14s. 6d-; George H. Bond and Co v. E. C. Goldstone £4B Bs. 4d., costs £4 Is 6d.; Drs. Herbert and Hardwick Smith v. Francis Ford £35 25., .costs Is. Gd.; Same v. Cohn M Kenzie ‘£3 35., costs £1 3s. 6d.; Same v. H Stafford £3 35., costs £1 3s. Gd.: New Zealand Express Co-, Ltd., v. Fred Coley £8 4s. Bd., costs £1 10s. 6d.; Laery and Co Ltd. v. M. Drinkwater £36 12s. 9d., costs £4 6s. Gd., W. Wolland v. See Hong and Co. £U 13s 9d. costs £2 145.; British Imperial Oil Co.’ v Eric J. Napier and Bertram Ogilvie £52 10s., costs £4 16s. 6d.; shires (N.Z.) L-'d. v. A. C. I rank £l4 195., costs £3 14s. judgmentlhmmons. Ernest G. Grendell was ordered to pay L J. Brabin £26 Bs. by May 3, in default 14-days’ imprisonment. J B Moir to pay Teagle Smith and Sons, Ltd. £9 4s. 4d. by April 26, m default 10 davs imprisonment. CLAIM FOR £l5. . John“ Larwood, .mariner, proceeded against Arthur Batchelor, settler, to recover the sum of £l5, alleged to have been wrongfully detained. The evidence showed 'that the defendant though not a registered land agent, had. affected a sale of property for the plaintiff. The Magistrate said that it appeared to him that the plaintiff must (have known that some commission had to be paid to the

defendant, but he was not prepared to maintain that; the defendant was entitled to hold the .£l5. Judgment was given for plaintiff for .£5, with costs totalling 265. BREACH OP AN AWARD. A claim to recover from R. Hunt (represented By Air. Maule) the sum, of ,£lO on the ground that he had failed to pay a barman award rates,' waa made by Mr. R. T. Bailey (Inspector of Awards), before Mr. F, K. Hunt,. S.M.. At the outset Mr. Maule raised the point that the man was not entitled to 10s. per week allowance, which was part of the amount i n the dispute. The barman was employed during January, but, Mr. Maule submitted ilhe provisions of the award as far as allowance was concerned did not come into force until after January 31. by which time 'the barman had been dismissed. It was admitted, however, that the defendant was wrong in paying only ,£3 2s. Not having received a copy of the new award, he was not aware of the provisions end was working under 'lie old award.

Mr. 'Bailey slated that the defendant had paid the barman .£3 2s. in lieu of J!4. A sum of .£1 12s. covering the extTa amount of wages, had been paid into Court, but in addition there was To he paid the allowance. Being a marrJed mail, the barman, slept off the premises, and therefors_he was entitles! to 10s. per week. This, -Mr. Bailey contended, should bn taken into consideration as wages, and should operate from January 3, as provided in the award. The Magistrate agreed that the 10s allowance should be paid, and gave judg. rtiont for £2 and coem. by-lawTases Mr. F. K. Hunt, S.M., heard the bylaw cases. D. Ei. Dustin, manager of Dustins, Ltd., was charged that on February 16 ho did allow beer to l>o consumed in a restaurant known as Dustins, Ltd., at a time when licensed premises were required to be" dosed. Mr. P. S. K. “acassoy apnearod for the prosecution, and Mr. M. •fyers for tlie defendant. Action was'taken under Section II of 'Jia Sale of Liquor Restriction Act. After hearing lengthy evidence, the Magistrate reserved his decision. Blundell Bros, were charged Cat on February 12 they did place notices advising the iV-sult of. the WellingOonAustralian cricket match and racing results, as a consequence of which persons collected so ns to impede traffic in Willis Silreot. After hearing evidence, the information wa dismissed. The charge against Frank E. Dornwell of driving a motor-car in a dangerous manner, was dismissed, but on a second charge of driving past a stationary tram-car, he was convicted and fined 40a. and costs, ' . . For exceeding the speed limit jn city streets, F. Brady,. James Innes. Harold Kemp, Clarence Leemaur and Guy Morria were each fined 20s. and coats 75.,

and L. W. Grewn and Frank Redshaw were each fined 10s. and 7s. costs.

For having no lights on his vehicle, George M. Lindsay was fined ss. and 7s. costa.

For allowing stock to wander. Leonard Cook, Lawrence Driscoll, Charles Gadd, August Romain, A. P. Smith and William Telford were each fined ss. and 7s. costs.

Edward Clark was fined 40s. and costs for failing to pay a tramfare.