MAGISTRATE’S COURT

New Zealand Times, Volume XXXVII, Issue 8358, 19 February 1913, Page 9

MAGISTRATE’S COURT

TUESDAY, FEBRUARY 18. (Before Mr W. G. Riddell, S.M-) A charge of attempting to commit suicide was preferred against a young man, John Buchanan. Sub-Inspector Sheehan stated that Buchanan was a shipwright employed at the Union Steam Ship Company’s repairing yards, and had been in W ellington for four or five months. Recently the man changed his residence and shortly afterwards ho took a razor from another boarder’s room, and with it cut his throat in the bathroom. Accused had been drinking, and probably this was tho cause of the rash act. His Worship said he hoped accused would be able to remain in the employment of the Union Company. Drink was no doubt the cause of the trouble. Accused would be convicted and ordered to come up for sentence when called upon. A prohibition order would be issued against him, and ho would have to pay £4 Os 6d expenses. Francis Henry Gordon Guilford was remanded until February 26th on a charge of breaking and entering the house of Frank Shennan, Island Bay, and stealing £6 in money and a fiveshilling piece. Bail was allowed in the sum of £IOO. Joseph Scott was fined 10s for insobriety. CIVIL MATTERS. (Before Dr A. McArthur, S.M.) SUBCONTRACTING WORK. A claim for £2O damages , for alleged non-completion of contract was made by Percy Hudson, builder, of Island Bay, against Arthur Robert Barnes, painter and paperhanger, of Wellington. Mr T. S. AVeston appeared for Hudson; and Mr D. G, Jackson for Barnes. On behalf of Hudson it was stated that he entered into a contract with AVonzel H. Collie, furniture dealer, AVellington, to erect a dwellinghouso at Island Bay, Hudson afterwards lot a subcontract to Barnes to do the painting and paporhanging work required on tho job. It was alleged that owing to the delay and neglect of Barnes to complete his subcontract, tho contract was not finished until September 9th, 1912, instead of July 31st, 1912. Collie then deducted £2u for damages for non-completion ol Hudson’s contract. Hudson contended that had Barnes used ordinary care and diligence he could have completed his subcontract for the painting, etc., prior to July 31st. Hudson therefore claimed from Barnes the sum of £2O for non-completion of the subcontract by July 31st, or in the alternative £2O damages for alleged negligence and unreasonable delay in completing the subcontract. • Tho defence was that Barnes did not tender according to the conditions, which ho never saw, and therefore knew nothing as to the required date for completion. He was delayed In starting the work by the builder, who did not give him enough time to complete his work. Bad weather also prevented him from doing tho outside painting. If Hudson’s own work had been as advanced as it should have been, Barnes would have .completed his outside painting before the bad weather came on. Barnes contended that the delay was due to the fault of Hudson, and to some extent to the architect, who had given instructions foi different kinds of varnish to be put on to. that used in the first instance. As Hudson did not ask Barnes to have his work done in any specified time it was submitted that he had no cause of action. Decision was reserved. UNDEFENDED CASES. Judgment by default was given foi plaintiffs in the following undefended cases: George Winder v. Hugh Cameron, 14s, costs 7s; AV. J. Hart v. H. L. Jenkins, £2 15s lid, costs 13s j P. F. McEvedy v. A'iolet O’Flaherty, £2 18s, costs 12s; Bertie Smith v. Herbert' Chester, £3 8s 9d, costs 12s; same v. William Mercer, £4 18s, costs 13s; Charles R. Rarata v. Pimia Ngailu, £3 12s, costs 15s; same v. Kereama Ngako, £1 10s, costs 10s; same v. Paora Pahi, £7 0s Gd, costs £1 13s 6d; same v. Te Ao Ahitana (Joe Ashton), £1 Is, costs 10s; same v. Kaita Ropiha, £1 3s, costs 10s; Stewart Timber, Glass, and Hardware Company, Ltd., v. George Browning, £ls 11s sd, costs los • A. D. Kennedy and Co., Ltd., v. Edward John Anstis, £2l Cs lOd, costs £3 14s.