RESIDENT MAGISTRATES COURT.

Inangahua Times, Volume V, Issue 27, 30 January 1878, Page 2

RESIDENT MAGISTRATES COURT.

. ; , , ; .• ■ , ■ . -y-tr, > : » ■■■■ J^tciM-'is-i "«i '; ! (Boforp E, Shaw; Msqi, %Mf'" y ' '" l ' ." i .. ..'■ iVJfAOYr.-.'ii^ijliL .n<\. '■ ( Jacob Smith, charged with; th,is ofFonoo, was romardtid'fdr seven' 5 dijyf/, Hei^'ftjlr.' der m'odl'eal liiili(ft'H6»i)itai. ' ' ! '„'; . •..,'," MOOR.V. •TEfQM^p^, „'-r :,'l ' ■ Thirt Was an action toftfooovor tlio, ttnm< of Jlfiftupoti- a bll\ of intorost. . , , , Mr Pitt appeared for plnintiffi ' ? Dfifi6iifl^i\t admitted ■ tuo claim loss '£$ Os oosh paid on aopouht. Tho plaintiff said ho had a transaction with dofondant in rolation to tho salo of a farm, upon which tyo roooivod a bill pfex" cliango for £505 The had not been I paid, Defendant bnd fllod a Sot off for, £44 Os of which amount ho (pfaindflf) ad* mittod£lß, , ' Defendant said that w, hen ho puroljiaso.d thp farm he gave plaintiff two bills*of oxohango for tho amount of tho purphaso m,oncy, ono for J677 and "another for J^so. He. hold plaintiff's roomp,"* for tho amount of tho ftrflfc bill, and had roooipts for £&& on^opcouat. , , i A^ftor examining tho receipts hi« Worship gavp judgment for the amount loss tho snm covered by thp recoipts. 'Mtß.n.poifAfrDMl^ „ Thiswas a claim to rooover tho sum of LO 10, being tho coat of advertising 1 a notice coniieotbd with (l\o Ohuroh of Kngland t ;l?und, aijd 3^l 16a for , further ad^ertiauTig in tho same mnttor. Mr Pitt appeared for tho plaintiffs and Mr Keid fpr the defence. i Mr Pitt in ojpo^\°g the case aaid, tho

faotfl of the case word that in Juno last an advertisement from tho Church of England Committee notifying intontion to hold a bazaar was hnndod to tho plaintiifa for publication^ Nothing waß sajd at thbtfojonsiotho iiftnbor of insertions, and tyo ndvertisemoiQt had thoroforo boon continued for six niofiths, to the date of tho boziaar, and qha^ed for in aooordaoeo with tlio usual custom, Defendant? now refused to pay for moro tlmu ono insertion. i\o called tho following ovidonoo:— < "W'isij— Somo timo ago I gave an order to Mr Tilbrook rolating to an ndvortiftomont. I did oo at tho institution of some of tho members of tho Oommittoo-' /J?hoy tqld mo to'pttt.iu an ndvortisomont announcing thuf; a Bazaar would lio hold at Christtnaß, The ndrortiaomont .ap-. poarodand Wft3 continued I think until £I}P timo tho bazaar was hcM. Oross-oxftmined— lt was after a mooting of tho congregation that 1 instructions I think I waa instructed by I^r Smith, and Mr ; J. W. Shaw; Tho instruptions camo principally fronisMessra Sn^ith and Shaw, and Dunn. $ can't nay whether Mr Bayfnild was pfosont. It was lato at night. .Thoy asked mo to go to thp Horald offloo, and insert that there was to bo a bazaar. Nothing was anid ns to tbo duration of the advertisement. I also instructed Mr Potts to ingort tlio advertisoraont in tho Times. I think tho same instructions woro given to both tho papers. I told them that my position was only tomporary, and that they should look lor further instructions* I was not authorisod to continue the advortisomont for six months, t had resigned tho position of secretary of the Commit too, and I told Mr Tilbrpok bo. George' Til brook— l am ono of tho pro* pnotors of the Horald nowspnper ; rpcol* loot Mr Wise givirig mo an ndvortisomont rolaUng to a baziar. Tlie advertisement was inaortod'nnd continued front the 10th Junojto JSOth Dedomber. On'4he latter date a noj?,, was pivon by Mr Bayfeild. Both advertisements woro givon upon, tho ,9a.ttio instructions and verbalLy. I havo had experience of news* papors for 20 years. Tho rulo is that advortiseracnts aro kept in until countermanded, or until c|fluxion of timo ) un|oßa jnstruotiona to tho contrary tforo given, We havo. ohflrgod tho bdvortiae* mont for six ijnonlhß. Reeoivod no furthor in^tructious alter Mr Wise guvo the advortisetueiit., t CroBS-o^aminod -* Tlio second advert tisomput we copied out, of tho Times. Mr Wiso did not mention Mr Bayfoild's namqi'bat'We 'Suminqnod 'Mr Bayfoild as troaauror pfi,tho eo^i.inittoe. It in not i^imlto inquii'o the number of insortiont) w lion advert ißomo«)tl^(R^ ' |)ifeS(3uto3, !n r^ixrd tv stranger's. 'Did not ■.> apply for payment of jtho advertisement until after thtfbAJjanr, Charles' 'Mirfia—rl am one of tho plain* tifFs in tho present aotio'i. I wrote to 1 Mr Bayfeild when I learnt that tho amount would not.bp paid. Ho offerod mo £1 17a whichl refused to aooopt, booauso tho adverstitnent upon tho faoo of it wua a,uoh a ono as should bo kept in till date. Tho charge is a fair and reasonable ono. In tho nbabneo of flpocifio instructions it is usual to coflUn^o i indefinitely., ''fjii'-'.ii ■'.■".:.■'■ ::■■■• I .William, jOuon— l am a membar of the Chvtrcl^ df England Committee, mon^s ag^ siißiizaarpoinmiittoo was appointed^ fr\tthftt meeting arrangements V©i*6 'rt'boUt ; odydrtisingV Xt was . Atj|i|L,Qd.tV^'t. i ,tl\o^^''iv;na.Vtp vi Jl)e ono issuo of > the advertisement in each paper, Tho instrUe'rions I'^ltVe Mr Vlfise relative (o ', t ,Vo, ndypr^so^e^t jprcro ono' jnsortion in ( aojijpaper,., J,. quije VcoHu'in of this . 4a tho advertisements woro contliuiod I ,nado incjairyof'Mr was told ;by "him that' it waa not W bo olurg'cd i .a membor of tho M(!liutfi}h ofr England UaßAar Cobimitten. I Van at the.mooting Which it' was ar>« 'rango^ that "kn ndvertiflft'nfibnt should bo. jju^lj.^xod.' After. thQmeo,ting"f «ayv M^r Wiso in tho ft^root nfod told h<m wo had jtfcoidbd' to itilto'tt' biiJSnar and wishoc] nn aay«ii'tTs'moiit I told him r^hor opo i ..oy>,.i.tvro insertiprtsi I. am certain of thalv 4 Suba^^ontly saw the ndrurtiflO" mdrit ( hppcaring and.^mndp inquiries,,. and 'Was told tho advortisomonfc was being opntinuod gratujtupuiily. Cro^g«p^;amined-- Xioard from Mr Gisfling that tho advertisement was not to be charged for after tlio niimbor of in-ierfcions ordered. Did not think it necessary to give writton authority to have tho adyor*mont withdrawn. Mr • Bayfeild was not profloiit at tho tinio tho instructions v^oro Riyon to Mr Wiaoi A. Di Bayfoild— l am a mombor of the Ohuroh of England Commit too. Rooelloot a meeting being bold, at which ad yort« Romontß wore authorised. Ono insortion in oaohpapor wah ouU)or,isod. No minute was made, but it was agreed by all present that one insertion would bo qufiV bicnt. .Whon.'J. saw, tho advortisomont appearing I made inquireß and wan told that tho Herald, was continuing tho advertisement graluitipuflly. 'Jj'bo Ijimes oharged, only ono insertion. I know, that ..tho paper doescpn'tin.uo advortifieincntfi without charging. X know that t'>cir.is ndyor,tiHoin,entß, in tho fyomld Tho navortiKompnt w,a^ put in simply tor tliO jnirposo of keeping tho Hold . This closed, tho caso, M,r Roid moved for a non-suit, on tho ground that nothing had boon ahown to

connoctMr Bayfoild (troasuror of tho Ohuroh Fund) with tho authority to plaintiffs to insert tho advertisement. Tho Bench held tho objection to bo fatal, and gavo judgment for tho lossor sum only.