MAGISTRATE’S COURTTE AWAMUTU.

Waipa Post, Volume II, Issue 73, 29 December 1911, Page 3

MAGISTRATE’S COURTTE AWAMUTU.

Friday, December 22nd, 1911

Before MrF. O'B. Loughnan S.M. CIVIL CASES. The International Harvester Co. v. Mr W. H. Short, of Te Puhi, claim £33 9s 2d, being the amount of a dishonoured promissory note for the hire of anl.HiG. 4-horse,power engine. Short counter-claimed for the sum of £IOO oh the ground that the engine would not work satisfactorily, and had not fulfilled the warranty, and he had sustained loss and damage as a result. The case came on for hearing before His Worship, Mr F. O'B. Loughnan, at the Magistrate's Court, Te Awamutu, on the 24th November last. Mr A. F. Wright, of Christchurch, appeared for the company and Mr H. Y.. C~!lins, of Te Awamutu, appeared tor Mr Short. After certain evidence had been given. Mr Wright intimated that his clients regarded the case as not so much a claim by them for the amount owing as a desire on their part to prove beyond doubt that the engine fulfilled the warranty given, and intimated to the Court that he would be prepared to disregard any legal defence the Company might have, and at once attend at the defendant's farm and let one of the Company's representatives work the engine under a proper load so as to demonstrate to the Court that the engine did as a matter of fact work efficiently and fulfilled its warranty. The "Magistrate characterised this offer as one of exceeding fairness, but the. defendant, after demurring to it, at last intimated that the engine had been dismantled. The Magistrate then directed the engine to be brought to Te Awamutu

* and erected in order that he might - see it working. An arrangement was made between the parties to the following effect: — " It is agreed between us that Mr R. B. Forsyth shall run the 4 h.p. I.H.C. engine for two days under brake test for 4 h.p. Any one may be present. If the engine fulfils the test judgment shall be given for the company with costs. If it fails judgment shall be given against the company for the amount claimed with costs. The expert shall be deemed an officer of the Court, and shall supply a report to the Court. The Magistrate, impossible, to see the engine running during the second clay. Nothing to be done or permitted to be done by Short re tampering with the engine, and Short admits that up to the present nothing has been done to or that the engine has been tampered with." The case was concluded to-day when Mr E. A. Cox, of Te Awamutu (instructed by Mr Wright), appeared for the International Harvester Co.' and Mr H. Y. Collins for Mr Short. The engine was run for 14% hours under full load and was tested at the end of the run in the presence of His Worship and a number of persons, and developed 4.97 brake horse power, practically a full horse power in excess of its rating. After hearing the evidence of the expert appointed by the Court, and of Mr Upton, of Hamilton, an expert retained by Mr Short, His Worship entered * judgment for the Company on the claim and counter-claim with costs amounting to £23 2s 3d. Dr J. S. Reekie (Mr Cox) v. W. G. Camp, of Waimiha, claim £lO 10s. Judgment for plaintiff with costs £2 13sJ. A. Irwin, of Auckland (Mr Cox) v. F. C Wilson, of Te Puhi, claim £2 193. At the request of the defendant this case was adjourned until January 19th. Aubin and Co., late of Pirongia, v. Frederick Harris and Christina Murray Harris, of Pirongia, claim £27 2s 6d. Judgment by default with costs £% lis. JUDGMENT SUMMONS. G. M. A. Ahier, of Te Awamutu, v. Rewi, of Kihikihi, claim £2 4s. Immediate payment to be made, in default of which seven days' imprisonment in Auckland gaol.

CRIMINAL CASES. | SUPPLYING LIQUOR TO A NATIVE C. E. Wilscion, of Tc Rua-a-Moa, was charged by the police (Constable Lander) with offering liquor to a native woman while on the Pirongia coach. The accused pleaded guilty, and was convicted and fined £l and ordered to pay the costs of the prosecution. £2 9s. ALLEGED INDECENCY C. E. Wilsdon was further charged by the police (Constable Lander) with committing an indecent act while a passenger on

the Pirongia coach. The accused pleaded not guilty, and alter hearing the particulars leading up to the prosecution the Migistrate dismissed the case. PROCURING LIQUOR.

John Parkins, of Ohaupo, was charged by the police (Constable Lander) with procuring liquor during the currency of a prohibition order, to which he pleaded guilty, and was convicted and fined £2 with costs i-ss. PROHIBITION ORDER The police (Constable Lander) applied for a prohibition order against Mrs P. Marshall, of Ohaupo. The order was issued by consent.