Magistrate's Court.

Levin Daily Chronicle, 15 December 1917, Page 2

Magistrate's Court.

THURSDAY

A sitting of the Magistrate's Court was held in Levin on Thursday, the S.M- presiding. The following cases were dealt with : Tit li AInCY. Informations laid by the Truant Inspector for breaches of the k-cliool Attendance Act were heard as follows : Henry G. Swainson, Manakau, for failurejo enroll child, fined 5s and costs 7s. Patuaka Tauea Ivuku, child not attending school, fined 2s, interpreter's fee os, costs 3s. John Kuiti, child not attending school, fines of 2s and costs 5s in each of three cases, in default 5 days' imprisonment in each case. Tote Hone, child not attending school, a fine of 10s and 12s costs or seven days' imprisonment in one case, and 5s and 12s costs in two cases or 5 days' gaol in each one. UNDEFENDED. Parker and Vincent v. H. Barnett, claim £34 19s 9d, judgment by default for plaintiff with costs £3. DEFENDED CASE. . F. C. Ilemington and C. G. Kelly v. J. llobertson, claim £18 Mr Park for plaintiffsThe statement of claim set out that in June, 1917, the defendant was manager of plaintiffs' cycle business in Levin, and that he requested them to provide .£lB for the purchase of a motor cycle from John Cull, which sum was duly paid to defendant, who, it was alleged, failed to make such purchase. Plaintiffs therefore claimed to recover the amount or the value of the motor cycle purchased by defendant as ageift for the plaintiffs.

F. C. Remington gave evidence on the lines of the claim. . Remington and Kelly bought out defendant last March, and included in the list of book debts was a sum of £25 owing by one Tunzelman. On June 28 defendant came to witness's shop and said a motor cycle could be purchased from a man. named Cull for £18 and asked for the money to buy it. Witness demurred stating lie clitl not want to have it on their hands. Robertson said he had already sold it for £30. Witness gave a cheque for the amount. A week later de. fendant left their employ, and they could find neither motor cyc--1'? nor any book debt representing the sale of one. There was an entry in the Foxton ledger of a sale to Tunzelman in the previous February.

Defendant, gave evidence admitting receiving the cheque for £18. He handed it to Cull within three minutes of its receipt." The cheque bearing Cull's endorsement was produced. The cheque was for the purchase of a Rex motor cycle from Cull for the firm. The cycle was not in possession of the firm on the date the cheque was received ; it was then in the hands of a man named Tunzelman, to whom it had been sold by the firm for whom witness was acting as manager. The negotiations for the sale were chiefly carried out by the manager of the Foxton branch- The cycle came into the shop for repairs about Christmas. ,Tn February it passed into Tunzelman's possession on trial with a view to purchase. Mr Park: What did the firm get for their £18.

Witness: They got a book debt oi i'-JO owing by Tenzelman. Counsel pointed out tliat there was no suck entry in the books. The only item was one of £25 which showed a debt owing in the previous February before plaintiffs took over the business. This I debt was taken over by tlie agree-' | ment under which, plaintiffs ac- [ quired the business, and they could not be called upon to purchase it again. If defendant could show the Court anything that plaintiffs liad received for theiri'lß he would withdraw the case. Defendant contended that the agreement for sale of the business was only intended to give plaintiil's security for money advanced and that there were verbal under, standings in regard to certain items. After lengthy cross-examination as to when the motor cycle was sold to Tunzelman, the Magistrate said lie could only give judgment for plaintiffs for the amount claimed, with costs. A number of truancy cases were heard at the Magistrate's Court on Thursday, native parents being the offenders in most cases. Penalties calculated to impress, them with the necessity of complying with the School Attendance Act were inflicted. In dealing with some cases where children were taken from school to work, the Magistrate said the law required amending to provide for a penalty for anyone employing' a child under fourteen years of age. The Truant Inspector said * that the authorities knew of the difficulty of obtaining labour to do faun work, but a. cmld could not be taken from school just before the examination without permission being given by the Education Hoard.