MAGISTRATE S COURT.

Manawatu Herald, Volume XXX, Issue 442, 14 November 1908, Page 3

MAGISTRATE S COURT.

The monthly sitting of the Magistrate’s Court was held yesterday, before Mr A. D. Thomson S.M.

Judgment for plaintiff was entered up in the following undefended civil cases•

G. 11. Stiles v. Sarah Crichton igs 9J, costs ss. L. K. Reade v. F. F. Shadbolt £2 12s 6d, costs ss. A. W. Bradley v. D. J. Burrell costs 20s 6d less 8s paid into court.

C. W. Wycherley and Sons v. Keepa Hihera, £6 16s, costs £1 13s 6d. In the judgment summons C. W. Wycherley and Sous v. F. Spiers, defendant was ordered to pay £\ is forthwith, in default 4 days imprisonment. W. Carter was charged by the police with allowing cattle to wander at large 011 a public road and was fined 10s, costs 12s.

The Inspector of Factories proceeded against J. H. Terex for keeping his shop open after xo p.m. ou Oct., 17th and 24th. Defendant was fined xos, with 7s costs on each charge. Frederick Dunn was charged with being drunk ou November 7th. Constable Woods said defendant was helplessly drunk on that date and had fallen into the river. The Magistrate issued a prohibition order against him'for twelve mouths.

The following parents were charged by the Truant Inspector with failing to send their children to school a sufficient number of times in accordance with the Act: Nelson, convicted and discharged ; C. Rand, fined as ; Mrs M. J. McCarthy 2 charges, fined 2S on each charge ; J. Weller, fined 2s and costs 7s ; James Borland 2 charges, fined 2s on each charge ; W. J. White 4 charges, fined 2s and 7s costs on each charge ; Mrs W. Wallis 4 charges, convicted and discharged. Loyal Foxtou Lodge (Mr Reade) v. W. J. Gardner, (Mr Barnard) claim 16s for contributions. Fvidence for plaintiff Lodge was given by Mervyu Littlejohn, permanent secretary, who produced the books showing defendant had only paid the first quarter’s contributions together with 2s 6d proposition fee, and had participated in all the benefits from the time of the formation of the Lodge, July 31, 1906, until the end of September, 1907. Then defendant (who was acting as secretary) took his name off the chemist’s and doctor’s lists, but did not cease to act as secretary until February, 1908. He was being paid a salary of per year for his services as secretary. The District Grand Master of the Lodge together with two members of the local branch, had waited upon defendant and asked for payment which he promised to make.

Mr Barnard contended that there was nothing in the rules or the statute to show that overdue contributions could be recovered, but that as soon as a member was behind with his payments for certain periods he forfeited all claims to any benefit. The Magistrate held that arrears up to twelve months could be recovered and gave judgment accordingly for £2 7s 8d less £1 paid by defendant as one of the guarantors of a special fund with costs £1 16s. Marie Hamer (Mr Barnard) proceeded against H. C. Patterson (Mr Reade) for the recovery of £1 being 15s for one week’s rent and 5s for timber used in putting up fixtures.

William Hamer, husband of plaintiff, staled that bis wife leased

the shop to defendant from January ict, 1908, at a rent of issperweek.on the understanding that he was going to take a lease of the premises for either three or five years. He made a lot of improvements in the shop and also assisted Mr Patterson in putting up extra fixtures. The arrangements for a lease fell through owing to being unable to make arrangements about a residence. Witness then understcol that the tenancy was monthly. At the end of January he rendered defendant an account for a mouth’s rent which was not paid, and at the end of February sect account for two months. Defendant then paid the amount but said that he preferred to pay by the week. Mr Patterson gave him notice on Monday, July 20lh, that he would not require the shop after Saturday, 25U1. Told him that the notice was not in time and that he would have to pay another week’s rent. Defendant then said it did not matter as it might suit him better to stay another week.

On M mlay, July 27th, saw Mr Reade offer my wife the key which she would not take unless the amount owing for rent, was paid. When Mr Patterson leased the shop witness had assisted him with the fixtures, some extra timber was required and defendant told him to get it and he would pay him for it. Obtained 212 ft •lengths of 12x1 which cost him at the rate of 17s per 100 ft.

H. C. Patterson said he rented the shop from Mrs Hamer from January Ist, 1908, and occupied it until July 25th. Gave verbal notice on July 20th that he would not require the shop after 25th of July, and confirmed same in writing and posted it the same day. Mr Hamer said on the Monday that he was satisfied with the verbal notice, but, on Tuesday he came and told him the notice was not sufficient.

The Magistrate held that the notice was not sufficient and judgment was given for plaintiff for 15s with costs 6s. Patrick Neylou (Barnard) v. Charles T. Easton (Innes). This was a complaint in which the defendant was charged with having used provoking and insulting language towards the complainant for which the latter sought to have him bound over to keep the peace. The defendant pleaded guilty and was convicted and discharged on his undertaking not to molest the complainant again. Costs amounting to £1 17s were ordered against defendant. The Magistrate would not allow the claim for timber.