CHRISTCHURCH.

Press, Volume III, Issue 335, 26 November 1863, Page 2

CHRISTCHURCH.

RESIDENT MAGISTRATE'S COURT

Tuesday, November 24. [Before Joseph Bbittan, Esq., R.M.]

Several cases of debt were disposed of to-day but they were without interest, with the exeeptioi of the following:

IMMIGBATION OFFICES V. CASS. —DEBT, 3s,

The plaintiff (Dr. Back) sued the defendant (who was one of the immigrants in barracks, who arrived by one of the late ship) for the sum o< 35., being amount due for lodging for one day and night in the Barracks. Dr. Back stated that his object in bringing this case before the Court wa6 that some of the immigrants would not leave the Barracks, even when employment was found foi them, and it was impossible that they could remain, as fresh immigrants were expected, and the Barracks would be required for them. His real object was simply to get the parties he had summoned out of the building. The Resident Magistrate asked if there were no means furnished by the Immigrants , Barrack Ordinance that gave him such authority, without his coming to the Court in this manner, of the legality of which he (the R. M.) had some doubts. Dr. Back said this was the course which had always been aidpted on former occasions. - On reference however by the Resident Magistrate to the Immigrant*' Barracks Ordinance it was found that a clause gave power to the "Immigration Officer or other person duly authorised by him to remove from such barracks any person refusing to quit the premises upon being required so to do and such person may be given into the custody o! a police constable, and by him taken before any two Justices of the Peace, and upon conviction of | having so offended shall be liable to a penalty not exceeding five pounds." Another clause gave the Superintendent, with the advice of his Executive CounciJ, power to issue rules or orders for tho discipline of the immigrants and the management iof the barracks, " which rules and orders should have the force of law." The Resident Magistrate thought there wa» power enough given under this Ordinance to effect the object Dr. Back desired, without his having recourse to the rather questionable proceeding which he had adopted in this case. Dr. Back said that " Rules and Regulations" had been before the Executive Council for mow I than a twelvemonth, but had never been published !in the Gazette, as was required by law. As however he had gained the object he wished, in giving public notice that immigrant* must leave the barracks after a certain time, he would withdraw his plaint. The Resident Magistrate then informed the defendant that the case was dismissed, with costs. Eleven other complaints which bad been laid by Dr. Back against other immigrants were also dismissed. Nov. 25, 1863. [Before Joseph Brittav, Esq., R.M.] Owen Fitzpatrick was committed for trial for keeping a disorderly house. No evidence was taken, it not being required. He was also ordered to be bound over to be of good behaviour in th« meantime, himself in £150 and two sureties in £50 each. He failed to find the sureties, and is now committed to gaol until the first of December next. DBCNKASDS' LIST. Thomas Walker for drunkenness was fined fire shillings. BROW* V. HIGGIXB. This was an action of ejectment under the Ist and 2nd Tie. cap. 74. Mr. Travers appeared for complainant, Mr Joynt for defendant. Mr. Travers called Mr. T. W. Maude who stated he was agent for Mr. J. T. Brown, and "that defendant wa* in possession of the property in question, that i< was let *o him for a certain time, that at the end of that time he refused to quit, that he had been served with a notice in accordance with the Act and that he still refused to quit. Mr. Joynt offered no evidence. The Resident Magistrate ordered the warrant of ejectment to be issued. Mr. Joynt said he intended that his clien' should, as required by the Act, enter into a bom 1 to prosecute an action for trespass against th; complainant in this case, and he would ask thr Court to fix a sum. The sum agreed upon by both parties wa.--£l5O. It was accordingly settled that the warrant should be stayed if defendant entered into the required boud to prosecute Mr. Brown for trespass within 21 days from the 26th Nov. inst.

After ten, the Chairman addressed the meeting. lie said he was sure every one present would join with him in rejoicing that they were now assembled in a suitable building for carrying on the great work of education. When lie first came to Lyttelton, there were not six resident Wesleyaiu, and they had but a very inferior place of worship to assemble in, but now they had a handsome church, which was an ornament to the town, and in addition to which they had the pleasure of opening a new and very handsome school roomi ; and he felt quite sure when tho Secretary made his statement that the building would not be in debt, especially as the Her. Mr. Shaw had stated at the quarterly meeting that it would be virtually if not actually free from debt. Mr. Xewnham, the Secretary, stated that in the first place tho land cost £150. The contract for tho building by Messrs. England Brothers was £420, without extras, towards which amount from various sources they had received £546 17s. 4d, leaving a> deficit of £23. The Committee how. over believed they should require about £40 more for extras, such as fencing the land, and thing* for the school, and he hoped that the meeting now present would do what they could to make up the deficiency. The Bey. J. Bull*r then gave a very eloquent address, and was followed by Mr. Bunn, whogwre a very humorous speech, and kept the nieetiug in a continued roar of laughter. The Rev. Mr. Shaw also addressed the meeting and hoped now the building was completed that the subscriptions would be paid up, as there was only a small amount to provide for to clear off every liability, and that lie would be able to redeem the promise made by him at the quarterly meeting. Mr. Whiting, the new schoolmaster, theu addressed the meeting. The Rev. Mr. Shaw felt great pleasure in an< nouncing that he was about to organise a Young Jlen'e Christian Association in Lyttelton, and would hold a meeting on Monday evening next tor that purpose, and hoped that all young men of whatever denomination would coino forward and enrol their names. The Bey. F. Knowles, who owing to pressing engagements arrived at a Into hour, closed the .uecting with a very appropriate prayer. The meet» ing, after contributing £11 155., separated highly delighted with the evening's entertainment. We iiiay mention that the dimensions of tho building ire 48 feet by 24 feet; tho building is plastered .nside, the roof and part of the walls being of varnished wood, and it is capable of accommo* dating about 300 children.