MAGISTRATE'S COURT.

Taranaki Daily News, Volume LI, Issue 133, 27 May 1908, Page 4

MAGISTRATE'S COURT.

CIVIL CASKS. In the Court W'-teniav. I'elni,, Mr. |j. S. I'iUliei herl . jiel:;Uiciit lor plaintilf in default ..I del, miaul ■>-■, - in each ol .tie- i. ii lowiiii:' 1.1-i-: M elister liro.-j. (.Mr. Si i(H di-li| v. I','iiliaiii-on. CI ISs 01. -I-: .W''lv,ven IJios, (Mr. I'. K. Wil-on) v. K. Vie||.,; J', A. i'awretlj 1:!- lid, co.-ts ,js. A "SWAP" CASK.

Judgment iu the civil ea.ein whu'li • I hn Howard t'olesli.v, (niitiiu-tur. Wailara, Mied Hubert ' l,ivingstom\ mHU't, IJamievirko. for CI" Is, lid in connection with ail exchange of propertied 1 li:> claim was made up as f<> 1 lov.-js-Amount of a jnoini-sory 1101 c, Ids od; money received by defendant mid alleged ilut to have 'been accounted lor to phuntiif, I'M (id; grazing sheep and cattle. £7 Is lid; and return of harness valued at £3 10,, or £» IDs and £1 damages for retention: and interest on promissory note, llis Worship gave judgment for plaintiff for the amount of the promissory note, .t'34 ills ."nl. and allowed £.j Ills' -Id for gruzi"f the sheep and eattle. and CI lII* for Die harness, less C.l 4s Gd for credit! given. The other items were disallowed. Til.' amount awarded the plaintilt' therefore came to £4O ISs 3d, with roMx ■CIO. Air. IA 11. We>ton appeared for plaint ill', ami Mr. Johnstone for defendant. SCIIOOIjMASTKU AXI) NCiIoLAI!. ■lndgineiit was given ill the ca-c in which !'l'eilerick Alchaliy. by his father. Henry -Medially, claimed rrom Tlioma- liadda'r Winlield. schoolmaster. frankley mail, tlic -mil of Ci"> a.- damage, for an alleged assault. The cii-sc arose out of a whipping inllicted on the bov Mehall'v. who is nine year.s old. lor an alleged tln'l'l of fivo pencils from a fellow-pupil ami for his conduct in connection therewith. hi delivering liis judgment. hi> Worship saiil Mr, 11u(I'lirn had cited a ran' in support of tin* plainliU'. Inn on consideration he was of ojiijii;»n that i! did lint all'ect the present case. The whole (|iie»tir)n was whether or not the puni>lnuent inliieted on the child wa>-e\ce>-»ive. Mr. l ; itzherbert pointed out lliat the medical IMimmiy. lor both the |>l;iin11IV iiud the defendant, was Mint the pniHbment was not excessive. 'J hen- was' no doubt in hi- Worship's mind that the bov had taken the penciN and litll told lie-, lie pointed out what a prions tiling it would be for a little boy to commit such deeds unchecked. There was no doubt that t!u» master had a right to puni-h the Imy. The punishment was not excessive and the defendant did not -appear io have acted in any vindictive way. -Judgment would be tor defendant, with costs Ci ■>*.