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----Rhyl County Court.

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Rhyl County Court. FRIDA Y: Before His Honour Jugde Moss. DISREGARDING A SUBPCENA. ,His Honour again remarked that he was de- termined that the subpoenas of the- oourt should be obeyed and in the case of a defendant named 'Robert Jonh Jones (junior), Windsor Street, who had beeyi summoned to attend the court to an- swer a julgment summons and conduct money paid, he fined the defendant J31, and ordered .him to clear off the old debt at Is per month, in default 14 days. Later on defendant's wife appeared, and on her representation the Judge said he would give defendant the chance of appearing at the next court. THE JUDGE AND HIRE PURCHASE ARTICLES. Messrs Aston and Sons, Wrexham, sued Mr W F ^Morgan for 50s., or the return of i mangle bought by him from Fred W Pugh, late °of Rhyl, the mangle being hired to Pugh on the hire-purchase system. The defendant said he was asked -by Pugh to hold a sale at his house, but as there was nm: sumci-ent to m.ake a sale he bought what he I wanted to sell for £ 3 16s. He repeatedly ask-e the man in front of Mrs Pugh if the mangle was on the hire-purchase system and he replied that I it was not. The mangle was sold for 25s. The Judge: I am afraid he sold you what did not belong to him. In reply to questions, plaintiffs' lepresentn- tives said that Pugh paid 10s deposit and had siiSte paid 6s. The Judge gave judgment for 34s and said defendant had his remedy against Pugh. Defendant: H has gone away and we can- not find him. Plaintiff's representative asked for judgment for 50s., as the 16s had been paid for the hire and not on account of the purchase, price. The Judge said he would not allow plaintiffs to get 16s twice over. They had had 16s from l'ugli, and he did not intend to make defendant pay it also. He thought that Pugh should be prosecuted. THE COUNTY COURT OFFICIALS KNEW. It was explained to the Judge that in the case of the service of a judgment summons on Frederick Simons, 11 Victoria Street, Leaming- ton, there had been difficulty in finding defend- ant at home until the Court officials suggestel that the summons should be kept over until the Christmas holidays, when defendant would be sure to be home. That course was adopted and Defendant was duly served. The claim for 12s 6d, balance of debt due to Mr R Williams, boot and shoe dealer, Rhyl, but the defendant set up the plea that his firm, ,the Borough and Counties Advertising Company Birmingham, had given him cred;t for 12s 6d in .respect of an account due to them by plaintiff. Mr Williams, however, produced evidence to the effect that when he gave defendant an order ior advertising to the extent of CS, he allowed defendant to have a pair of boots valued 22s 6d. Defendant paid 10s. on account, and after Mr Williams had paid £ 2 10s out of the £ 5, he pointed out to the firm that defendant owed him 12s 6d. The frm, however, replied that they -had nothing to do with defendant's private afEaars, whereupon Mr Williams paid the bal- ,a-.ice of L2 10s, but had not yet been paid by defendant. The Judge made an order against defendant for 5s per month, or in default 14 days im- prisonment. A NOMADIC DEBT. Mr. Rowlands, referred to the case of Mrs Hester Curtis, boarding house keeper, 19 Guild, ford street, Russell-square, London, against Mr W Hatherly Jones, in respect of a judgment debt of JB5 16s 6d. Mr Rowlands explained that the defendant had been subpoenaed to attend court, but there was difficulty in finding hi He had been in Rhyl for the Christmas holidays and stayed at 42 West Parade, but as soon as the summons was issued he cleared away He would like to have the defendant in Court to cross-examine him as to his meiis, and cer- tain letters and documents he had sent. There ihad been two subpoenas and conduct money issued. The Judge questioned whether the conduct 3noney was sufficient to bring the defendant to Rhyl ? Mr Rowlands said the defendant found money to travel about and had written letters from London, -Birmingham and Liverpool-,all from hoarding houses. The debt was for board and lodging in London. The Judge after reading the documents said he would order defendant to pay 5s per month or 28 days. He could only allow the conduct money and expenses in one case. THE CWYBR BACH FARM CASE. Mr E A Crabbe, solicitor for Ca.pt. Jones, ad. ministrator of the estate of his mother, the late Mrs Jones, of Cwybr Bach, Rhuddl-an, asked his Honour to make an order that the admin- istrator should .be allowed to continue as tenant of the farm from the date of the s?le, Feb 21st, to the next court in February, Capt Jones under- taking to guarantee the Receiver appointed by the court against any claim in respect °, rent for that period against tha estate. 'Mr A W Lewis, for the plaintiffs (Messrs Chas. Jones and Sons), said he had had no notice, and did not know h to meet the appli- cation that day. Mr Norris (the Court -Receiver), said he had had a verbal understanding with the agent of the estate to hand over possession immediately after the sale, and he had written letters to that effect, but was awaiting an answer. LMr Crabbe said no doubt the delay was due to the fact that the landlady had been approach. ed to allow Capt Jones to cantinue as tenant. The Judge said he did see how he could .interfere. -If the receiver caned to give -up possession after die sale, he could do so. Mr Crabbe submitted that had the Receiver not been appointed, the tenancy would have be-en continued in his name as administrator, and if the landlady of the estate cared she could make the tenancy go on Lint-I Sept. 29th. 1909. The administrator was prepared to go on and to have the rent guaranteed. There was a considerable sum overpaid by him in Tespect of the estate. The Judge said he would allow matters to go on as they were, and for the Receiver to com- municate with him .if be. felt disposed to give up possession, but the tennancy mu.t not be given up without his consent. Mr Crabbe said thcrt would satisfy him. "Mr Norris aid he was willing for the admin- I istrator to go on if the rent was guaranteed. There were plenty of people after the farm. PALACE CO. SUE A TOURIST AGENCY. Tihs Rhyl Palace, Arcade, and. Hotel Co., Ltd., sued Messrs Mc Alpine, tour:it agents, of Manchester Street. Liverpool, for the balance of an account for catering for one of their par- ties, Mr Joseph Lloyd, for -the plaintiffs, said that the defendants arranged for a party to be, -catered for at the Queen's Hotel, Rhyl, and the bill came to 226 10s. That was in October last, and after repe.ated requests had been made for payments defendants in December sent £10, saying that they we-remaking big clearances, t, and would send on the balance. When aclion was taken they paid into Court L-14 8s 9d, and the balance was in (IispirLe. Mr McAlpmc said .that the only matter in dispute was JB1 4s, and that they claimed as their commission as agreed. It was the cus- tom with all tourist agencies to settle their accounts once a -quarter, when they were paid by railway companies. Miss Banks, a former manageress of tha Queen's Hotel, was called, and admitted that minerals, which were arranged for in the in- clusive charge of 5s per head for dinner, had ,b--ea charged for again. The full amount of the bill should be L25 12s 9d, and on account c.t that defendants sent LID, and paid L14 3s 9d into Court. Defendant said that in an account sent in on October 4th—three days after the visit—24s was shewn as commission, and he claimed that as agreed. (Miss Banks, replying to Mr Lloyd, said she understood that it was a cash transaction, and that was Why the 24s was allowed. She ex- pected to have been paid before the party left on October 1st, and was then told that the cheque would be sent on. Mr Hornby, defendants' representative, said he arranged the 5 per cent. commission, and the account was settled when they were paid. All accounts were cleared quarterly. Mr Lloyd cross-examined the witness as to why there was not a word said in the corres- pondence as to there being three months credit, and the reply the witness made was that it was understood." t-Nfr Lloyd submitted that 'the plaintiffs treated the matter as a cash transaction, and that as defendants had not paid cash they were not entitled (to the discount of 5 per cent. Had there be&n any idea that the defendant was to have three months' credit, he would have said so in his correspondence instead of dwelling on the fact that he w6uld send it on during December, when he had some large clearances. The Judge said that had there been an ar- rangement for credit, it would have been set out in defendant's correspondence. lie gave judgment for R25 12s 9d, less the Cl-I 8s 9d paid into Court. AN AUCTIONEER'S TEST ACTION. IMPORTANT JUDGMENT. His Honour delivered an important judgment in a case where an auctioneer had advanced money .on furniture intended for sale. It was the adjourned case in which Mr Jos Williams, auctioneer, Rhyl, was claimant in respect of money realised on a piano seized under an order of the Court in the case of Pope v. 'Pemberton. The claimant sued for C5 3s 6d, being in respect of money advanced on a piano, railway fare paid, printing nd adver- tising expenses, and commission on the highest bid received for the piano at his sale Mr A W Lewis appeared for claimant, and Mr Roberts-Jones represented Mr Pope. The facts as given in evidence by the plain- tiff were that he had certain goods at his sale room belonging to Mr Pemberton, of South Avenue, Rhyl. He advanced defendant 25s on them, and arranged for a sale of defendant's piano and furniture. Then defendant wrote (him a letter asking for 45s, as his child had died. In the letter sent by defendant, and in claimant's reply with the cheque nothing was said about the piano, but later on when defen- dant asked for another 35s to pay his rates, he said that that would make 95 5s, and men- tioned the sale of the piano and furniture. Claimant pointed out to defendant that having a sale at St Asaph, defendant would get a better price for his piano there, and so it was taken from defendant's house to St Asaph and offered for sale. Although. L16 was bid for it, defen- dant would not sell, and it was arranged for the piano to be returned to Rhyl. Claimant had the piano taken to his stores, and while there it was seized foy the Court, and although offered by three auctioneers only realised J38. Claimant contended that he had a lien on the piano, and asked to be paid his claim out of the money in Court. Plaintiff disputed that the piano was sent to the claimant's stores because claimant had a lien, but rather -because it was nearer St Asaph and that it was raining very heavily when the cart reached Rhyl. JUDGE ON AUCTIONEERS' CUSTOM. Mr Roberts Jones cross examined claimant as to the case being a test one, and he replied that it was the custom for auctioneers to advance money on furniture -intended for sale, although the goods were left in the house of the parties and not removed by the auctioneer. He con- tended 'that if he advanced £10 on furniture that he had a lien on it againse anyone else. The Judge said such a practice might exist, but he was afraid that it wjs bad law. Wheth- er the piano ever came into the legal possession of 'the claimant was another matter. It seemed by the letters sent by the defendant that he meant the total sum of P,5 5s. advanced to be in respect of the piano and furniture. The case was a small one, but it gave rise to many difficult points. It was clear that the claimant advanced 25s on specific articles which were in his possession, but as regards the 45s advanced he was afraid that he hid to decide against the claimant, as the piano at the time the advance was made was not in his possession, nor was there a bill of sale registered. The claimant could not have furniture or a piano as a security unless he registered a ball of sale, as the goods were left in another man's house. Bills Or sale were necessary in order to protect tradesmen and others who might otherwise give credit .to persons on the supposition that the furniture in their houses belonged to them. That the piano did come into Mr Williams" possession after the St Asaph sale could not be disputed, but he had grave doubts whether it went to him because of the lien or because it was too wet to take it to the defendant's house. The other side had admitted that the 21 15s was advanced to defendant in respect of the contemplated sale, and he gave judgment for claimant for that amount, and also for varioti3 items he had paid, making a total of L2 143 6d He did not allow the L2 5s cl ime i for the piano. Mr Roberts Jones urged that inasmuch as defendant had 'tendered the claimant 355 no co,t could be given against plaintiff m respect of that. The Judge: He did not tender enough. I give costs on whatever £2 14s 6d carries.. -0 WIXTER FOOD. Winter Food should 'be such as will .supply the body with enough animal heat to resist the effects of weather, temperature, etc. Currants are two-thirds 1:ili.eir "weight natural sugar, the elemen't which contributes heat to ,the humsn organism. Currants are ifresh grapes of a seedless variety, grown only in Greece and dried in the open air by exposure to the sun. The practice of drying fruits ds almost as old as the hills. It renders food economic, and increases their nutritive properties. A ijpound of sun-dried Currants contains all the nutriment of five pounds of ifresh grapes.

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