MAGISTRATE'S COURT.

Shannon News, 22 February 1924, Page 2

MAGISTRATE'S COURT.

MONTHLY MEETING. I The monthly sitting of the Leva Magistrate's court was held yestvday before Mr J. .. Stout, .j M.. wlr-:i a light list of i.v;l'oase> >vcr-s d.-uit with. CIViL CASi-S In the ndtd cti.es judgment was h -..'eu ii-r j.ai;.!iT .y default . M. E. and E. J. Nash v. C.hus. OMisley, claim £6 and • osts, £1 Jos 6d. Harper and Merton v. Ngaruri Kiugi, olaim £6 18s, costs £1 10s fid. E. Allmand v. K. Carter, claim £l2, claim £2 14s. LIABILITY OF PRINCIPAL.

Parker, Vincent and Co. (Levia) proceeded against Jhing Lee, fruiterer, 'of Shannon, for an amount cf £2O lis for goods supplied, to his agent, one Gee, whilst he was absent in China.

Mr K. E. Adams appeared for the plaintiff, and Mr C. E. Moody for the defendant. Mr P. Harper watched the case on behalf of Gee.

Frank Ernest Parker, for the plaintiff company, explained tthat the goods had been supplied to Gee whilst Jhing Lee had been absent in Chma, the first lot being ordered in October* 1921, and further lots during the following months. The goods were ordered by telephdrae or sometimes a note would be sent down.

Jhing Lee stated that when he left for China ihe had left Gee ill charge of his fruit business. Gee later, with, out liis authority or knowledge started a market garden in Tokomaru and ordered the manure, etc., for which the present claim was being made from the plaintiffs. He had returned from China in November, 1922, but had not taken over the business from Gee for six months. When 'he discovered this debt he had repudiated it as he had given Gee no authority to contract it. Gee, had authority to sign cheques and carry out business in his name but not to undertake further business.

Gee (called) stated that he had been left as agent for Jhingt Lee. He had started the garden without authority, using Jhing Lee's name and taking some of the profits from the shop to support it. The. garden was a venture of his own and had it been a success he would have taken the profits therefrom for his own use, possibly allowing Jhing Lee a share-.

The Bench held that whilst defendant did not appear to have left any power of attorney to Gee, still he had, by putting him in- the position oi manager, given him ostensible authority to order goods, and although he had evidently overstepped his authority in the market garden venture still plaintiffs had acted in good faith in supplying the goods and judgment would accordingly 'be given for the amount claimed. MAINTENANCE CASES.'

Chas. Turner, hotel porter, Shannon, was proceeded against by his wife, Maggie Ann" Turner, for an increase in a maintenance order of 15s per week, as owing to illness she was unable to work for her own support. Mr Blenkhorn appeared for plaintiff and Mr E. T. Moody for defendant. / Maggie Ann Turner, said that owing to illness she was not now able to dp any work. She had recently taken a position as housekeeper, but had had to gjive it up "as it was beyond her strength. She had incurred considerable expense for medical. attention, and had chemist's expenses as well. She had been living with her sister at Ihakara, paying what she could, but could not continue to live tttiere any longer. She considered that 15s was wholly inadequate. Cross-examined, complainant stateu that prior to her recent position as housekeeper she had not done anything for over two years during the whole of which time she had remained with her sister. She (had leit be-

cause she felt she was not justified in staying with her .sister and not paying for her board. She had other brothers and sisters, but) none of them has asked her tQ stay with tthem. None of them would take her in in exchange for some small services while she Jiad a husband to keep her. /She had a brother at Koputaroa with ' whom sne had stayed at one time, but she denied that she left through any fault of her own. She denied knowing that, owiing to"* bier husband's state of health, he was unable to dt. more than light work.

Oh-as. Turner gpve "evidence that lit was an hotel porter at Shannon earning £2 12s per week out of which he

paid 15s maintenance. His only expenses outside living expenses was a contribution to the Union. Cross-examined, be had .held his

present position for three years, ouit of which he ha 4 been a montih ofi through ill-health. He sometimes got a few shillings in tips. This would bring his wages up to about £2 per week. This he spent on himself, he having nothing savied up. He suffered from hernia and might be laid up at any time. An order was made for an increase in the maintenance order of 10s per week, with costs 275. • Chas. Tongi was proceeded against for disobedience of a maintenance order in respect of arrears amounting ;to £SO 12s.

Mr Adams appeared for the prosecution and Mr Moody for defendant. The arrears were admitted.

Defendant, asked if he had anything to say, said he was willing to pay the people who were looking after t<he children, and not his wife.. The Biehch: You will have to pay according to tbie ruling of the Court, not as you wish. -, Defendant was sentenced to two months' imprisonment with hard labour, sentence to be suspended if he paid the arrears. Fourteen days were allowed in which to find the money. • REGISTRATION OF FIREARMS. Cyril George Carey, charged with failing to register firearms, said flhat before leaving the Hutt district, where he had resided, he had applied to the Police there for a license, but had not received it. "He had gone to .Masterton and had applied to the police there for registration, but had been told to apply to the Hutt police. Ho

had come over to Levin temporarily and (had not attempted to register here as he was under the impression that the gun should be registered in Masterton, which was his present address. Some time after coming to Levin he had received the license from the Hutt. ; The police stated that the case was one of neglect on the part of defendant. There was no suggestion of an attempt to evade the law. 'The law stated that firearms should be registered within six days of a change of address and this had not been done. The. Bench held that the delay made by the police in Hutt was responsible to a great extent for tihe failure to register and that on this account the information would be dismissed. UNATTENDED VEHICLE. ' Parawhenua Matakatia, for leaving a vehicle 'unattended in-Bath street, and without lights, was convicted and fined 10s and costs 7s".