RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 3483, 5 September 1882, Page 2

RESIDENT MAGISTRATE'S COURT.

This Dax.

(Before Captain Freece, R.M.) DRUNKENNESS. John McLeod, charged as above, pleaded guilty, and was fined 5s and costs, or in default to be imprisoned for 48 hours. William Swanson was again put forward for the seventeenth time on a charge of drunkenness, and pleaded guilty. The prisoner was fined five shillings and costs, with the usual alternative, and on the application of Sergeant Bnrtenshaw a prohibition order, tinder the provisions of clause 187 of the new Licensing Act, was granted notifying publicans in the district against supplying him with liquor. SUSPECTED LUNACT. Ernest Passfield was charged with being a lunatic not under proper care and control. "^ A certificate from Dr. Hitchings that the accused was Buffering from deilrium tremens was put in, and he was accordingly remanded for one week for medical examination. LARCENY OF FIREWOOD. Adolf Petersen, a young lad of apparently about 13 year?, pleaded guilty to having, on September 2nd, at Napier, stolen and carried away four pieces of firewood valued at Iβ, the property of the General Government. Sergeant Burtenshaw said the boy had informed him, after being arrested, that his mother was in the habit of sending him out for firewood, and whipped him when he did not procure any. His Worship severely cautioned the boy not to be guilty of stealing again, and ordered him to receive cix strokes of the birch rod, without imprisonment, the punishment to be indicted by a constable. CIVIL CAEES. Kennedy y. G. Cook.—Claim £23 Tβ lOd, dishonored P.N. Judgment for the plaintiff for the amount claimed, with coeta, plaintiff's expenses, and counsels fee £2 2s. R. Neagle v. Meadows.—Claim £2 6s 2d, judgment debt. Plaintiff admitted that £1 13s of the claim had been paid yesterday. An order was made for pay- \ ment within one week of the balance 13s 2d, with costs, and plaintiff's travelling expenses, 4s; in default of payment the defendant to be imprisoned for seven days. Ashfon v. B. Evans.— Claim £12 Sβ, balance of account for lodging and re- "/ freshments. Mr Lee appeared for the plaintiff, and Mr Lascelles for the defendant. The plaintiff admitted having received a sura of £4, which was not shown amongst the other credits in the bill of particulars. After hearing evidence on either side, His Worship gave judgment for £6 11s, with costs, and counsel's fee £1 Is.

Nelson v. Quinlan.— Claim £10, compensation for wrongful dismissal. Mr Lascelles for the plaintiff, and Mr McLean for the defendant. The plaintiff's case was that be had been employed for several months past as a fireman and seaman on board the Bteamer Sir Donald at a salary of £10 per month. On tbe 4th instant the vessel was down tbe coast, and the plaintiff, with others on board, were called up about 4.30 a.m. to do " surfing " work. He had been constantly employed from then until 5 o'clock the same evening, when (the vessel being at that time in Napier), he finished cleaning the engines, and wai about to proceed ashore, but was stopped by the defendant, who ordered him to. remain on board and take in cargo. Plaintiff remonstrated and Baid he thought be had done enough work for one day, when defendant gave him notice to leave in a month. After some further words between them the defendant told the plaintiff he could leave at once, and be was paid off. Mr Lascelles held. that, under the circumstances, there was no

Case of insubordination or refusal of reasonable duty, and hie client was, therefore entitled toamonth'ssalary as damages. For the defence Mr McLean pleaded justifiable dismissal, and also that according to the custom of the port, no notice of dismissal was necessary. Several witnesses were examined, after which counsel addressed the Court, and His Worship reserved judgment until Thursday.

The Court was still sitting when we went to press.