MAGISTERIAL.

Press, Volume XLVI, Issue 7259, 15 March 1889, Page 3

MAGISTERIAL.

CHRISTCHURCH. Thursday, March 14. [Before a Whitefoord, R.M., R. Westerns, and W. White, Esqs.] Drunkenness.—For this offence John Wilson was fined 10s; a first offender was fined ss—each with the usual alternative to case of default. Maintenance.—George Mapstone was charged with failing to provide for his two children. Mr McConnel appeared for the defendant. Thyrza Mapstone, his wife, stated that the defendant had not lived with her for some time, and had not provided her with necessaries for the support of herself and children. Defendant pleaded that his wife by her bad temper drove bim away from home, and he was not able to keep two homes going. He was ordered to pay 5s per week until the children were ten years of age.—Elsie Mouat, for whom Mr Hoban appeared, wa* brought up on warrant charged with having failed to pay anything towards the support of ncr child at jßurnham. She was remanded to Rangiora. — Mark Christie, in arrears £2 10s with a contribution to the support of his wife under order of the Court, was ordered to pay up or go to gaol for one month. —Charles Bissman charged his wife with deserting her four children. Mr Hoban appeared for plaintiff. The defendant did not appear, and a warrant was ordered to issue for her arrest.—Arthur Perham, charged with failing to support his wife Sarah Ann, did not appear, and a warrant was ordered to issue for his arrest. Civil Cases.—McConnel and Douglas v Hutchinson, 4H9 16s' 2d. In this case plaintiffs had got judgment, and Mr Caygill for the defendant had obtained a rehearing on the merits of the case, also on the ground of defendant's bankruptcy. Mr McConnel pleaded that plaintiffs had never received notice of the bankruptcy, nor had their names been inserted in the " three days' statement," an omission which, so far as they were concerned, invalidated the bankruptcy. Long argument ensued, in which Mr Caygill argued that plaintiffs could hot go behind the certificate of discbarge, which, rightly or wrongly given, covered all defects in the process of bankruptcy. Evidence was also taken on themerits, andiudgmentwasheld over. Bridge v Hamill, claim £1117s fid, for professional charges, making plans and surveys of certain sections. Mr Martin for the plaintiff, Mr Swarm for the defendant, who had paid £2 2s into Court. Judgment was for the plaintiff for the amount claimed with costs. Judgments went for plaintiffs by default with costs in—Butterfleld v vVoodhouse, £315s lOd; Sorten v O'Donnell, 9s; Wood and Co. v German, £4: Taylor v Johnston, £4; Quill v Randall, £25 8s; Morton v Gurney, £28352 d; Foster v Dunn, £2435. Moor and Co. v Williamson, Williams v Webster, and Bowick v Baldwin were adjourned till March 22nd. [Before Messrs S. D. Barker and B. Baynes, J.P.'s.] A Mischievous Dog.—George Mitchell was sued by Frank Mason for allowing a dog to rush out and attack his horse. The Bench inflicted a fine of 10s, and costs, 30s. Mr Stringer appeared for the plaintiff, and Mr Russell for the defendant. Bv-laws.—H.Wrightand A. Humphries were each fined £1, and costs, for plying for hire with a cab without being duly licensed. Humphries said he would endeavour to appeal against the decision, on the ground that he had applied at the City Inspector's office for a license but that there was no one in when he went.

ASHBURTON. Thursday, March 15. [Before Mr C. A. Wray, RM-1 Drunk and Disorderly.—A. Restieux was charged with being drunk and disorderly. It was shown that accused had been hanging about the bar of a publichouse, loafing on people for drinks, and when refused became disorderly ana used insulting language. Fined 20s and costs. A Nuisance.—-George Grice was charged with allowing a dead horse to remain unburied and to become a nuisance to passers-by. A nominal fine of ss, without costs, was imposed. Alleged Poaching Fish.—Reginald Felton, Leonard Felton, Gustavus Warner and William Hefford were charged, on the information of Edward Gale, with having, on February 12th, used a device other than a rod or line for the purpose of taking trout. Mr Crisp appeared for the Acclimatisation Society, Mr Clayton for defenLdants. Case adjourned by consent for a Civil Cases.—Russell v'Stewart, claim I£3 3s fid. The case had been twice before the Court. Mr Cuthbertsoh, for the plaintiff, now stated that Russell had since become a bankrupt, and that he (Mr Cuthbertson) had been instructed by the Official Assignee to proceed with the case and ask for a judgment. Mr Crisp, for defendant, submitted that plaintiff being a bankrupt could not sue. Mr Cuthbertson submitted that judgment could be given for plaintiff, and an order made | that the money be paid over to the Official r Assignee. Mr Crisp contended that if I judgment were given for the plaintiff it would practically constitute the bankrupt trustee for the Assignee, and the Assignee I trustee for the bankrupt. The Bench pointed out that there was provision I made in the English Acts for the Official Assignee to continue any action commenced by a bankrupt, but he could find no such provision In the New Zealand statutes. Plaintiff was nonsuited.