MAGISTRATE’S COURT

Dominion, Volume 20, Issue 65, 10 December 1926, Page 13

MAGISTRATE’S COURT

BY-LAW CASES By-law breaches were dealt with by Mr. J. H. Salmon, S.M., in the Magistrate's Court yesterday. Herbert C. B. Hodgkinson was fined A 3 mid costs for driving his car in a manner dangerous to the public. For negligent driving Joseph i. O’Hara was fined £3 and costs. For speeding, John V. Farrell was fined. £2 and costs; Margaret Phillips A 3 and costs. Leaving his car unattended resulted in James Wright being fined 10s. and costs. For driving a car with defective brakes ho was convicted, and ordered to pay Court costs, amounting to 15s. UPPER HUTT SITTING. The monthly sitting ot the Upper Hutt Magistrate’s Court was held yesterday before’’ Mr. J. H. Salmon, S.M. . For being on licensed premises alter hours P Hesry was fined £2, with 10s. costs, and Wi Phillips, £2 with 7s. C °For riding bicycles without lights, J. Wyeth and P. Foley were each fined 10s. and 7s. costs. P. Foley was also convicted and ordered to pay costs amounting to 7s. for failing to register under the Defence Act. . „■ i The following fines were inflicted for failure to attend drill: T. W. Fage, £2 with 7s. costs; C. E. Harris, Al with 9s. costs; L. H. Ingram, 10s. costs only; C. Leech, Al with 7s. costs; H- J. AleNelly, 7s. costs only. On a judgment summons C. C. Ballinger was ordered to pay P. Robertson Al 19s. forthwith, in default 48 h°’*r® imprisonment; C. J. Sheil to pay E. W. Pulgeon and Co. Ltd., A 5 ,6s. forthwith, m default five days’ imprisonment. W. Boyle to pay V. Bradley Al. 9s. forthwith in default 24 hours’ imprisonment; A. J. Chalmers to pay Murray Roberts and ■ b Ltd., £4 13s. forthwith, m default five day’s imprisonment; M Howard to pay L. ’C. Jennins A 9 19s. 6d. forthwith, tn default ten days’ imprisonment. E. V. Robb was ordered to give the Public Trustee possession of a dwelling, by January 8, 1927, and to pay rent until that date. The amount of rent, including arrears, up to that date, is £l2 15s. Robb was ordered to pay A2 6s. costs. G. and L, Phillips claimed Al 3 15s. from E. Osborne for firewood alleged to have been left on a property at Kaitoke, which Osborne had purchased from the plaintiffs. Osborne counter-claimed for ,£O9, damages alleged to have been done by Phillips Bros, when removing their firewood and other chattels from the property. Mr. E. G. Wright appeared for Phillips Bros., and Mr. J. F. Russell for Osborne. Mr. Wright stated that Phillips Bros, had sold a farm to Osborne and had left 29J cords of firewood and certain stock on the farm. It had been agreed that the stock was to be removed before a certain date and the firewood within a reasonable time. The stock had all been removed but only 7 cords of wood had been taken. He claimed that Osborne had refused to allow Phillips carrier to remove the wood. Mr. Russell for Osborne, stated that the wood had not been removed within a reasonable time. The counter-claim was that Phillips Bros, had caused, damage to a road on the property in removing firewood, and had removed some iron from a shed. The amount claimed (£29) was made up as follows, A 5 for damage to the shed, £4 for damage to road and £2O general damages. The nee showed that the shed had not been completed at the time of the change of ownership and Phillips Bros, had understood that they were to complete it. They were removing the iron which was. they stated, not nailed on to the building, in order to nail slabs of wood in its place. They considered the iron was their property, but had left it behind when requested to do so by Osborne. Thev had not received any request for damages to the shed or the road until they had opened proceedings for their claim. His Worship considered that Osborne had allowed ill-feeling to induce him to take a wrong-headed action in connection with the firewood. It was clear that the wood had depreciated, this being due to Osborne’s action in refusing to allow it to be taken away. Osborne’s attitude in regard to the shed was ridiculous. but he considered there was some damage to the road. Phillips was given judgment for the full amount of his claim. £l3 155., and was ordered to pay £4 to Osborne for damage to the road on the counter-claim. Osborne is to pay costs of the claim, £4 155., and Phillips Bros, the costs of the counter-claim, £1 Bs.. each party to pay their own witness expenses. Overdue accounts are collected by The Dominion Mercantile Agencv Ltd : offices, Wellington, Auckland, Christchurch Agents throughout the world Specialists in collections, trade reports, and assignments Head Office, Union Bank Chambers. Wellington—Advt.