Magistrate's Court, Foxton.

Manawatu Herald, 15 September 1894, Page 2

Magistrate's Court, Foxton.

« (Before H. W. Bi-abant, Esq., S.M.) Thursday. 13th September. civil. John R. Macdonald v. John Anderson — Claim £1 ss, judgment summons. Mr Ray appealed for plaintiff. No appearance of def -ndant. Ordered that the amount be paid within 14 diys or in default 7 days imprisonment. McMillan, Rhodes & Co. v. Ham Bros.— -Claim £4 8-s 9d. No appearance of defendants. Judgment for amount and costs, 225. McMillan. Rhodes & Co. v. E. BattHisby — Ciaim £5 8-s 9d. No appearance of defendant. Judgment for amount and coats, 10s. George Nye v. Fred. Robinson — Claim £5 14s sd. Judgment for amount and costs, 10* ; payable 10s a month, the first amount payabla on Ist October. C. V. Fnrrie v. Pitihira Rori — Claim t'4 lls Id. Mr Riy appeared for plaintiff. This was an action to recover the balance of an account and a receipt said to have been improperly obtained. ~ • C. V. Furrie deposed— Defendant saw him about the middle of March to put up partitions, &c. in a house and price arranged for was ££ ; there was other work done and items purchased ; it was concluded in a month, and defendant promised to see him following day ; he paid thf*n only 7s; he -promised the balance on the following week, as he had sold a horse and expected the money ; in. May he paid ss~ defendant gave him the horse to sell and he took the horse from Motuiti to Foxron. were he got it shod ; on the Court day in July defendant told him to take the horse back to Motuiti and he would then pay him ; there he asked how much was the balance, and plaintiff replied £3 14s ; he asked if there was a stamp, ' and plaintiff had a receipt ready which he stamped and signed ; the receipt was for £4 ; when receipt was sigued defendant picked it up, and plaintiff paid " wbefce .is the money," to which the reply" waa " all right ;" he left the room to get the money, when he cama back he brought only 255 ; plaintiff said "where is the: ; recefpt :V defendant' ' said " come rtrp- to morrow ;"' he said his brofher was not in and he could not got the money; defendant 1 refused to give up receipt ; found

defendant riextKday in a billiardroom ; told plaintiff to go to Motuiti on Monday; he went that day and. found defendant had gone to Palraerston ; saw him on a Tuesday and demanded the money or the receipt back. By Defendant— The pride agreed ~ upon Was J§4 ; the horse was 10 days in my possession. ' ; :■ " rt Henry Bradcock deposed to the conversation between plaintiff and defendant and corroborated plaintiff's evidence. Phihira Rori deposed to great dissatisfaction at the manner tha work had been done ; he admitted promising to pay the £i in 2 weeks ; at ihe meeting house at Motuiti he had produced &i in ridtei and ofl receiving the receipt plaintiff took Up the money ; found the receipt had no stamp and brought Hini a fltarilji and gave it to him ; he signed his name and then said he ought to be paid 5s for shoeing the horse ; plaintiff asked for £i 5s after he had been paid the &i ; agreed to pay S3 for the horse. Cross-examined by Mr Ray— Th« £i was paid in notes ; had asked plaiutiff fco wait till July when rents were due 5 did not remember date of conversation ; the 8s was paid; A native was called as a witness, who substantiated the defendant's version. The plaintiff was nonsuited. S. Startup v. John Yanko, claim £1 19 a. The claim was disputed, and plaintiff was nonsuited. CRIMINAL. Foxton School Committee Y. Samuel Fowler. Mo appearance of defendant. Mr Bay appeared for the Committee. The complaint was laid under section 91 of the Education Act which is as follows : — " In case any committee ascertains that any child between the ages of 7 and 18 years and resident within the distance of two miles from a public school within its district does not attend school the Clerk or any member of such committee may give the parent or guardian of such child notice in writing in the form or to the effect in the Third Schedule hereto calling upon such parent or guardian to send such child to school." J. T. Ray was sworn and said he was the Clerk to the Foxton School Committee ; he had seen Samuel Fowler; had seen his daughter Clara, apparently of 11 years of age ; about the 6th April last a notice -, under section 91 was served upon him ; since then Mr Thynne had seen Fowler to whom he. had promised to send the child to school ; there seemed to be no reason why the child should not be sent, to school. Washington S. Stewart deposed-*-He was headmaster of the Foxton State School ; he knew . Clara Fowler ; she was admitted to th« school on 7th August, 1898, and. had only made 68 half day's attendances, and the school had been open for 408 possible attendances ; since the sth April she had made 11 attendances ; saw Fowler and the child yesterday and saw no reason for non-attendance ; she was only in the II Standard, whereas aa regular attendant she should, be in.the.lll or IV Standard. " '" -" "'•' :; Mr Thynne deposed .to> } Fowler having promised to send his children to school regularly if the notice was not further pressed, which Fowler however had not attended to. An order was asked for. ■ It was ordered that Samuel Fowler send his daughter Clara to the Foxton State School. [Note.— Section 93 of the Education Act sets out that any parent or guardian neglecting to obey such order or haying.43b"eyed; the samßrjior a time and without ;suffJoTe;ni;.cauße ceases to do so sha!L_be liable 1 to ; a penalty not exceeding 403, land the same proceedings may be taken week by week in case of f adjure of ' .such parent to comply. w!^;^ote';'wderj