R.M. COURT.

Wairarapa Daily Times, Volume 6, Issue 1658, 12 April 1884, Page 2

R.M. COURT.

MASTERTON-THUKSDAY. Before Mr Lowes, and Mr Renall, ~.,,....,„,.; , ,,U.P.'5: . .. . Burne y .Theatre B.byal Company.Claira £7i:lQs,for/two Quarters' rent of A. I Hathaway on behalf of, fhe'.pqmpany, ; Mr. Beard appeared for jtlre'/defendant,' and Mr Bunny for the plaintiff; J, . W. ; ; Sellar, •deposed tho office in question to Mr Hathaway as representative of the Company, ; '. 1: A. J. Hathaway gave evidence to tlie effect that lie called the attention of the directors, to the fact that a registered office was' necessary, and that- he-was authorised to take the offico in quqstjon. • He could, not say what director, gave the instructions. Two or three, .directors on one occasion signed a cheque for rent. ■. '.-, „.'

i J. H. OorbCtt said that' Hathaway told him the : offic'e. at tho \Temple Chambers wbiild'cbst" nothing when ho (witness)-wanted to have the office in the :The;a v re; .-.?•.,: r * ''The Cdurfc adjourned* for"lunch. -■ ■ .. r; W..SellaV i ho rendered .an account'■w'-.Hatlia\yay.' as secretary ..to^-the 'The'atre--.ioyar Company, and receipted it-bii"Obblinif of Mr. J.. .S. Burno, ■ '.,, ,v, ■■-...

J. H, Corbetti [cross 'examined by Mr Beanl), : taicl- ha was a director and a large slmrejjoklbi'j and was the first Chairman ;of Board ofj-Directors.■ v. ■ /TlteiQoCirfcithougflt'tliat'as sooii hs a cheque- was signed it was ready.for payment, .y \ • Mr •Beard jjoihted out that there was no authority in the minutes for such cheque to be paid j in fact the directors at tho next meeting refused to acknowledgo* any responsibility in the. matter, The Court. -remarked that' most accounts appeared to have, been' paid before the next meeting, took place. ■ (Mr 'Leaves''' here look his scat on the' Bench, and perused-the evidence that had already been given).

Mr Beaed .continued.—That he was .preparedv.to'. show that A-, /Hathaway. had no right 'to; pay'the company's cheques without proper authority from tho company., It. Messrs Rapp and Boiifcly signed a cheque without such authority'; tlioy .would: be responsible for.their.actjoi.v' .\ : \ ... '.:.'..' ' ' The Court hekithat the liability was due, and the Theatre Company having signed a cheque for rent, must take the responsibility of their action, Mr Beard said ho was prepared to prove all he had. submitted, and gave notice of appeal on the following grounds :-(l) That Hathaway, as Secretary to 'the Company, had. no authority to rent tho premises from Mr Sollar; (2) That tho cheque for rent was never authorised by the directors; (3.) That the receipt given by ■Mr 'Selhir was.to Ail. P. Hathaway,' and not to the Theatre Royal Company j (<i) That the Bqucli had wrongly admitted as'evidence matters not recorded ill the minutes of the proceedings of the dirostorc, the purport of which evidence was contradicted by the directors.

Mr' Bunny asked that the minute book and other matters in connection with tho case should be kept in the Court.

The Court allowed 10s each exper ses to witnesses Sellar and Hathawav

Jackson v, Percy,—Claim for £2 for work and labor between March 12 and 17. .40 hours at Is hour. Mi Beard for plaintiff, Mr Bu.my for defendant, . : -.-,

Mr "Bunny asked - plaintiff if he understood when engaged to work for Mr Percy that he: was to go at work from hour to hour.Yes, :v'-'--.- ••■ ' ■■•-

Tho meals were to be found by defendant. ''..,'■ Yes/' ■.'•:,"".".

Plaintiff did not understand thai ho was to Avovlc. till'the job was com pleted, but agreed with'defendant thai he was to provide dinner, which consisted of bread and cheese instead ol meat. -,.■:• '<-.

Leslie, McKenna .was called and said Jackson and he; asked Percy for work, and was engaged at Is an hour, and no. special 'length of lime beingsaid, Percy agreed to give men dinner, fro delay occurred when Jackson left.

Edward Perry corroborated MeKenna's evidence. ' •

H. J. Percy called, said lie entered into an engagement with men among whom was .'plaintiff,..'and agreed for Is an hour and dinner.'-Jackson worked for 2 oi' ; 3 days, then said he wished to. leave, defendant saying he 'could do so upon finding another man, and if lie did not find one defendant would not, ■ The plaintiff: Jnckson said he would summon Percy. ,? Defendant. had to put his son in •Jackspn's place. , Tlio Court awarded' the plaintiff £1 and costs; and 7s ; 6d each .for witness.

[Before Mr Wardell.] , .Thisday. • George King was charged witli stealing, • on• April 10, a double-balled fowliiigpie'ce value ,£5 : 55,. a'felt hat value 7s Gd, and'a scarf piii'value 3s Gd, amounting to £5 16s, the property of Rapp and Hare, storekeepers, Masterton, Walter Rapp said.dio was in partnership with ■■'Ernest"'B. Hare, He remembered Thursday,..April'lo, the accused was in his'shop, but did not purchase anything, When witness went to tea there were two guns in the shop, but upon' hia^return from tea at about a quarter past eight, the shopman asked witness-if he .bad sold a gun which was missing; and he afterwards gave information to the police. He saw : fche-accused= company with Sergeant McArdle, ;: Mr WMell: Can you identify the gunl ' ■'.-.■:■ r " ;.': . Witness: The gun had been in stock one season,' and wits' rather rusty. •[Gun produced,] ;-<.,'- Witness: I ; recognise th 3 gun as being the c pne which was missing. The retail price of the giiri-is five-guineas.

Witness found the" hat on the head of tlio accused belonged to liis firm.- It corresponded with the stock in his shop, The accused said ho bought the hat at Christchurch. Ho identified also a scarf pin which was found on the accused, and valued it at three shillings jand'Sixpence. •The'market value of the goods was a little under five pounds. The accused said he took the goods, but he,was the worse for liquor at. the. time, ""■'"■''■ ""'. ■-pe-

The Sergeant reported that when he charged the accused with';'taki'ngfthe.' hat and gun he admitted the theft and took him to where the gun was planted and gave if up. Tlio' accused appeared to be under the influence of drink, The police knew nothing: against'"jthoj. character, of the accused oufcsido ; the' . present charge,-■■;•' • ' •

The Court said thero were redeeming points about the case and it would give accused the benefit of them as far.as possible, but it would have' to give .him two month's hard labor.