MAGISTRATE'S COURT.

Pukekohe & Waiuku Times, Volume 1, Issue 2, 20 March 1912, Page 3

MAGISTRATE'S COURT.

Pukekohe.

(Before Mr F. V. Fraser, S.M.) AN IMPOUNDING CASE.

An interesting case arising out of the provisions of the Impounding Act was continued from the previous sitting of the Court. Thomas Blake of Runciman, farmer v. G. F. Braithwaite of Paerata, farmer. This was a claim for £21 1s From the statement of claim it appeared that on or about November 30th, 1911, defendant impounded on his own property ten eighteenmonths' old heifers, the property of plaintiff ; that the defendant failed to give plaintiff (within 16 hours of such impounding) tbe particulars required by the Act, and further that he kept the cattle impounded longer than the j time specified, namely, until December 13th; that the said cattle were eventually released by the defendant paying £1 15s as poundage and sustenance charges; that by reason of the wrongful detention by the defendant, the plaintiff lost the sale of the cattle at £5 per head and at the present time he would not be able to obtain a greater sum than £3 per head; that plaintiff had been compelled to seek legal advice which cost £1 1s The plantiff sought to recover £2O (being the loss of profit on the sale he would have made; or as damages) and the further sum of £1 Is for legal expenses.

From the evidence for the defence, led by Mr Haddow, it appeared that defendant's breach was technical and that he had personally gone to plaintiff's housa to tell him about the impounding. The stock had trespassed upon growing crops. Plaintiff alleged that the fence between his property and defendant's was not a legal fence and that its wires were loose and hanging in places. He brought a witness to prove that he had been offered £5 per head for the cattle, which price he could not now get. After the last day in November, he said, the price of cattle dropped about £2 per head within a fortnight. He was now talking of private sales; not sales by auction at which the drop was about 5s per head. The witness who had offered the £5 was A. L. Herbert, cattle dealer and farmer, of Auckland.

Defendant said the value of the cattle in question was £2 15s or £3 per head and they did not fall in price. The Magistrate found for plaintiff for £5 and £2 costs. A Workman's Wages.

There was a bit of a tangle revealed in the case of a Higgins v. J. Regan, a contractor. The claim was for £5 6s 9d.

The defence (for whom Mr F. H. Levien appeared) admitted that Higgins had earned the money but denied that plaintiff was responsible. Defendant had engaged plaintiff to do certain work in recovering stone from a flooded river but afterwards found him loading drays for Edward Bilkey, who had a contract from the Pukekobe West Road Board. However, the evidence went to show that defendant had engaged plaintiff and had not told plaintiff anything to lead him to suppose that anyone other than defendant was his employer. Judgment for plaintiff, with £5 4s costs. Undefended Cases. R. Bilkey v. Atchison and Black claim for £7 15s 10d. Verdict for plaintiff and 8s costs. H. R. Wily v. P. Kaihau, claim for £3 13s 6d. Verdict for plaintiff and ]lB COStS.

T. A. Kemp v. P. Kaihau, claim for £9 12s 5d. Verdict for plaintiff and 13s costs. Threatening Behaviour.

A Maoii named Wiremu Kawhena, who on Friday 9th, 1912, at Pukekohe, took too much waipiro, was presented. When in his alcoholic excitement, it seems, Wiremu was prepared to kill anything handy in the shape of a half-caste or a European—that is if his words were meant. But anyway, what he said was deemed to be threatening behaviour, calculated to provoke a breach of the peace. They cost him 10s and £1 2s 6d costs, plus a recorded conviction.

For a similar offence at Tuakau, on December 17th, Henry Welsford was fined 10s and 13s costs. The Wrong Man.

The police proceeded against J. McFadden, who was charged with having, on the 24th of February in Pukekohe, used threatening behaviour. This was the night of the Show and there was a big crowd at the hotel. The Constable, hearing an uproar, went in, and deposed that he found the defendant being prevented from getting closer to another man in the bar. Defendant and two or three witnesses, however, said that the constable had got hold of the wrong man. The magistrate said that he would give defendant the benefit of the doubt and the casse was dismissed.

Wait till the Train Stops

The time that young Tom Tahi saved in getting off a moving train at Tuakau, on January 20th, was lost over and over again in attending to the prosecution that followed. Besides the loss of time there was the money, for it cost Tahi a tine of 5s and 36s 4d court costs. Inferring to the success, attended the premature alighting the constable said: " Tahi was nearly

killed." Tho proceedings were taken by the Railway Department who don't want dead men because they won't wait till the traiu stops. Forbidden fruit. There was quite a list of cases arising out of breaches of prohibition orders. Lawrence Walsh was fined £1 and 7s costs, for an infraction of his order on February 10th, at Pukekohe. Richard Blake was fined £2 and 7s costs in default seven days' imprisonment, for procuring liquor whilst prohibited. James Strickland was charged with two offences procuring liquor on February 23rd and on March 2nd. On the first charge he was fined £1 and 7s costs, in default three days' imprisonment and on the second charge he was fined £5 and 7s costs, in default one month's imprisonment with hard labour. Harry Simpson had to answer a charge that, knowing that Strickland was prohibited he did procure liquor for him. The Magistrate said there were some extenuating circumstances and he let defendant down lightly with a fine of 10s and 9s costs. Builders and Scaffolding.

Builders should be careful not to erect scaffolding exceeding 16 feet in height without first giving notice to the Inspector. Two defendants (O. E. Farrow and J. McDonald), or their servants, having failed to do this were each fined 10s and 14s costs. A Man or a Boy ?

Publicans are not permitted to sell intoxicating liquor, for cousumption on the premises, to persons apparently under the age of 21 years. A breach of this law was alleged against John Graham, licensee of the Pukekohe hotel, and against Ralph Duncan, his barman. Constable Willcocks said the case arose out of the finding of a young native named Purua lying in the street helplessly drunk. Purua's farther said the boy was only 17 years of age. The Magistrate asked the young Maori to put on his hat and declared that he would not like to say that Purua was " apparently under the age of 21 years." Purua's story of his libations was that he remembered having twelve long shandies. The Magistrate looked at the " boy " again, remarked that Maoris mature more quickly that Europeans, and dismissed the case.

Waiuku. George Underhill v Samuel Cowel, claim for £8 8s 1d. Verdict for the amount and 13s costs.