MAGISTERIAL.

Globe, Volume XXIII, Issue 2392, 2 December 1881, Page 3

MAGISTERIAL.

OHEIBTCHUEOH. THtTBBDAT, DsOBMBBB 1.

fßefore G. L. Mellish, Bfq., B.M.] Oitil Oases.—Wilson, Sawtell and Co. v McLean, £7 12s, for goods supplied and interest. Defendant did not appear. The magistrate remarking on the charge for interest, asked if there had been any special agreement for its payment. The representative of the firm said there had been none, but it was the custom to charge interest on accounts which ran unpaid over the usual terms of three or four months. His Worship said he would not allow it. A butoher or baker had as much right to charge interest on nnpaid accounts, but be had never known that to be done. Judgment for plaintiffs for £7 4s, being their claim, less interest, 8s. —Doyle v Oother, claim £lO 13s for window tickets. Defendant had paid £6 3s Od into Court and costs. Mr Turnbull for plaintiff, Mr Salter for defendant. Plaintiff stated that after an instalment of the order bad been supplied defendant objected that v ‘he tickets were lithographed, not written; y it subsequently agreed to take them. Dadant now refused to pay the whole charge them. Mr Le Masurier, tailor, deposed thn*t fho prices were reasonable. Defendant stateM that he had ordered written tickets, and A ' X T accepted the lithographed ones because plaintiff had said they would be much ah 0 cheapest. An employe of defendant as. rroboratci this evidence. Mr J. X. M. Sea tb » printer, Ac., stated that he would h®v» supplied written tickets for less than BtW 1 charge plaintiff had made, The Bench ’ffhtthere had been an overcharge, and gai 6 judgment for plaintiff in the reduced sum 9s, which was 20 per cent, added to- an estimate submitted by Mr Smith. Bull rtsfi ' e » claim £2 17s for meat supplied, a set off by defendant for washing was allowed; judgmv in t for plaintiff for £2 9a with costs. Fatte. ’"son y Wilkinson, £l, being balance unpaid of price of a perambulator. Mr Beeves appealed for defendant, who had paid 5s into cosrt, and pleaded that after using the article for a short time it came to pieces, rnd he had to par 16a for its repair. Plaintiff stated thttA defendant had himself chosen the perambulator from _ a lot, it being exchanged for one supplied before which defendant hrd objected to. Judgment for plaintiff for full amount, with costs. Thompson v Bird, £6 Bs, for professional services and legal expenses. Defendant stated that plaintiff had failed to carry i out an agreement, which, if completed, would I have settled the present claim. The claim was i not disputed. Judgment for plaintiff, with costs. I Wright y Beale. This was an action for recovery of £9 13s 6d, the value of certain goods taken by defendant and wrongfully detained by him, or the restoration of the goods themselves. Mr Joyce appeared for the defendant, and submitted that as plaintiff was a bankrupt he could not sue on his own behalf for the goods. If the goods were sought to be recovered then the plaintiff’s trustee in bankruptcy should sue for them. It appeared that plaintiff had not _ entered these goods in his schedule of liabilities and assets. His Worship, after hearing the evidence, gave judgment for the defendant with costs, and counsel’s fee. Barrett v Scott. This was a claim for £6 3a 6d for asphalting, work done, and also for gardening, Ac. Mr Joyce appeared for the defendant. Evidence was called, and his Worship non-suited the plaintiff with costs. —Judgments went by default for plaintiffs in Langdown and Judge v Gordon, £8 13a 3d ; Patterson v Simpson, £3 ; Hansen and Hathaway, £3 j and Beauchamp and Bell v Campbell, 12s.—Bussell y Stenhouse and Sherrin v Sulliyan were adjourned till December Bth.

Fbiday, Dbcembeii2. [Before G. L. Hellish, Esq., B.M.] Auf.Bbd Hobsb Stealing.— John Wm. Crabtree, on remand from November 30th, was brought up charged with stealing a horse, value £ls, the property of John Holt. Mr Superintendent Broham conducted the prosecution; the accused was undefended. John Holt deposed that on Tuesday evening last he left his horse in his yard; the gate was fastened. At about nine o’clock his attention was attracted by a noise in the yard ; he went out and saw the mare just inside the gate, which was open. Prisoner was on horseback riding after the mare. Witness called out, asking him what he was doing with the mare. Prisoner paid no attention, but rode on, driving the mare before him. Witness went in search of prisoner and the mare, and ultimately found him in the Ferry road, near Nursery road. He was riding one horse and leading three others, of which the mare was one. Prisoner, on being challenged, said he was going to take the mare to the pound. Witness took possession of the mare and called a policeman and gave prisoner in charge. There was a rope round the mare's neck ; it did not belong to witness. Witness, in answer to prisoner, said he lived in Stapleton’s road, near Dudley’s creek. New Brighton road ; he swore positively that he saw prisoner take the mare out of his yard. Prisoner was alone ; witness did not see that he had any other horses or cows before him. Constable Wallace deposed to arresting prisoner, es deposed by the lest witness. Prisoner was accompanied by a boy named Clifford, and he bad other horses with him. Prisoner, for his defence called the boys Clifford and Burrows, who did not appear, on which his Worship granted an adjournment till Monday next, to allow prisoner to subpoena his witnesses. Bail was not allowed.

Labcbht. —J. W. Crabtree was charged with the larceny, on November let, of one muffler, one smoothing iron, one piece of lace, and one pair of boots, valu-u at £1 10s, the property of Peter Jack. He had been remanded from the previous day, when Jane Jack had given evidence to the effect that after her house had been in possession of a bailiff, put in by the mother-in-law of accused, she had missed the articles out of her boxes, and they were subsequently found with other things in possession of accused, or in the same house which was then occupied by prisoner. Peter Jack, husband of last witness, deposed that his wife, on November 4th, took away her boxes from the house they had occupied, and the articles missed were found in prisoner’s bouse the day following. In answer to prisoner, witness said that before the boxes were taken away he searched the house thoroughly; that*was after the bailiffs had been in. Donnelly stated he had seen the bailiffs in prosecutor’s house. On that day prisoner had given him out of the house a pair of boots, telling him at the same time to take them to his (prisoner’s) house, which was done. Constable O’Connor deposed to finding the articles in prisoner’s house on November 4th. Prisoner, who conducted his own case, called Mrs MoTaggart, the owner of the house, who deposed to going with the bailiff and prisoner, when the distraint was made after the bailiff had gone, and prosecutor had taken away the remainder of his things. She had let the house to prisoner, and had told him he might do what he liked with whatever he found there, there being nothing left but a lot of rubbish. Alice Tasker deposed to being a next door neighbor to prisoner. She had picked up a dirty piece of lace in the street and placed it on the dividing fence. The piece produced was not that she had picked up. Prisoner wished to call his wife, but was not allowed. Ho then spoke at some length, stating that he found the things in the house, and thinking they were of small value it did not occur to him to forward them to the prosecutor. The case was dismissed.

Neglected Child. —Wm. Edwin Andrews, an infant, who was brought into Court in his mother’s arms, was charged as above. Superintendent Broham stated that the mother was of abandoned and very violent character, who had been expelled from charitable institutions and had served a term in prison. He thought she was scarcely sane, and if the child was not taken from her he feared she would be the cause of its death. Mrs Clarkson deposed that ehe had taken the child and mother into her house for charity’s sake, an/d had been a witness to the illusage it had suffered. She had seen the woman beat it, and on one occasion nearly smother it; besides, she had repeatedly threatened to burn it, <tc. His Worship said the woman was not fit to have charge of the child, and committed it to the Industrial School for seven years, to be brought up in the religion of the Church of England.

Life Saving Appaeatub.— ln answer to a circular from the Board of Trade, the secretary of the Harbor Board has furnished a description of the life saving apparatus provided by the Board for the port of Lyttelton. The list comprises the following: One lifeboat, built by White, of Cowes, and the steam tug, at the pilot station at the Heads ; and a telephone in operation night and day, besides numerous life buoys to provide for accidents in the harbor.