RESIDENT MAGISTRATE'S COURT.

Press, Volume VII, Issue 683, 6 January 1865, Page 3

RESIDENT MAGISTRATE'S COURT.

CußiSTC_.t7_.cn:.—Thursday, January 5, 1865. [Before C. C. Bowex, Esq., R.M.] G. M. Darkes was charged with obtaining goods from W. H. Newton, of the Golden Fleece Hotel, under false pretences. Mr. Perham appeared for tho prosecution, and Mr. Cowlishaw for defendant. W. 11. Newton stated that defendant had eomo to his place and represented that he had certain timber for sale ; he told him where it was, and a sale waa concluded. Defendant asked for a case of brandy on account, and he got it. It turned oat on enquiry that the timber was sold. The Eesident Magistrate said he did not think there was any use going further with the case, as it was a mere breach of contract, and did not in his opinion come under the statute. Mr. Perham contended that it did, and cited some cases in favor of his view of the case. Mr. Cowlishaw cited contrary cases. . The Resident Magistrate said that the case of Rex v. Codrington was similar to the one now before the Court, and there Littledale, J. gave the following judgment:—" The doctrine contended for on the part of the prosecution would make every breach of warrantry or false assertion at the time of tlie bargain a transportable offence. Here the party bought the property, aud took as his security a covenant that if the vendor has not a good title he must resort to the covenant. This is only a ground for a civil action." He (the Resident Magistrate) must take this judgment as conclusive, unless it could be shown that it had been upset. He must therefore dismiss the case. John Holmes, for a breach of tlie Police Ordinance, was dismissed with a caution. Henry Lurty, Frederick Smith, A. Wilson, Charles Bishop, S. Worsley, and Robert Falloon were fined iOseuch; Quine and Cain were fined 30s, and R. Rumble und A. Duncan were fined 5s each, all for breach ofthe Cattle Tresspass Ordinance. Sarah Webb was fined £1 for assaulting a little child of Wm. Fisher.*., in High street. It appeared that there wer6 squabbles between Webb and Fisher, atrd that they had been going on for some time. A case by Wm. Webb against Ann Fisher for using abusive language was dismissed with a caution. Samuel Turner Long was fined £1 for an assault upon Charles Baker. Charles Hill was sentenced to one month's imprisonment with hard labor, and at the end of that time ordered to find sureties to keep the peace for 12 months, for a brutal assault upon his wife Rosanna Hill. James McMahon, for a similar offence, received a similar sentence. The Resident Magistrate said he was determined to put down this wife beating by brutal husbands, which was becoming so frequent. Andrew Donohue was fined 10s for drunkenness and disorderly conduct on the 27th ult, and also 20s for using insulting and abusive language to Inspector Pender.