AHAURA.

Grey River Argus, Volume XI, Issue 1017, 30 October 1871, Page 2

AHAURA.

Thursday, October 26. (Before Caleb Whitefoord, Esq., R.M.) David Duncan was charged with a breach of the Licensing Ordinance, in keeping liquors for sale withont being duly licensed, at his store at Maori Gully, on the Saddle, on 3rd October. Mr Staite, for the defendant, pleaded guilty, but urged, in mitigation, that the defendant did not expose the liquor, and did not keep it to sell it. The defendant had, besides, made several miles of track, and kept them in repair. The Magistrate fined defendant L!>. The defendant was informed by the Court that if he made application for an accommodation license, and if the police did not object, it would be granted him, at a reduced fee. James Aikin was charged with a similar offence at Moonlight, on September 28th. The defendant pleaded not guilty. Constable Dorris proved that he went to defendant's store, and seized two part bottles porter and two part bottles gin. The defendant told him he had a wholesale license. The bottles were behind the counter, and there were glasses on the counter. Mr Guinness, for the defendant, contended there was no exposure within the meaning of the Act, and applied for a dismissal. The Court overruled the objection, and pointed out that +h§ ¥on|l "k*pt for sale" were in ac

cordance with the Ordinance. If the defendant wished for an adjournment, to prove that his firm were wholesale wine md spirit merchants, an adjournment would be granted them. The defendant said he did not intend to sell liquor retail at Moonlight, but storekepers in out-of-the-way scattered districts were obliged to keep it for the convenience of their customers and visitors, and among the latter were policemen and others. The Magistrate, in giving judgment, said that he was willing to believe that the defendant's statement as to the unprofitable nature of the retail spirit trade in outlying scattered districts was correct, and that it was true that the defendant's firm had made and kept tracks in repair, but this was not the time to urge these circumstances, although they might be taken into consideration if a reduction of the license fee was applied for. The license held by defendant did not entitle him to retail spirits, and there was no doubt in the mind of the Court the liquor was kept for sale. The holders of retail licenses, who paid heavy fees, must be protected. Fined LI 2 with costs. James M'Laughlin was charged with the same offence, at Noble's, on Ist October. Constable Dorris proved going to defendant's store and seizing four bottles whiskey, two bottles rum, and one of brandy. Percy Wakefield, clerk to the Bench, proved that the defendant did not hold a retail spirit license for his store at Noble's, although he did for his store at Napoleon, and for his hotel at Ahaura. Mr Staite, for defendant, raised an objection, that as a conviction was sought to be obtained under a Provincial Act, and the Ordinance being an Act of Provincial Council, ought to have been tendered as evidence. Chief Justice Arney had so decided, and on these grounds he applied for a dismissal. After argument, his Worship held the objection to be fatal, and dismissed the information. Margaret Hearse and Jane Smith were charged under the same Ordinance for like offences committed at Napoleon. There were extenuating circumstances in both these cases, and the police did not press for a heavy penalty. The defendants were severely cautioned, and fined LI each with costs. CIVIL CASES. Hayes v. Thatcher. — A claim of L 6 9s. A verdict was given for the plaintiff in this case by default at the last sitting of of the Court, but a rehearing was granted on an affidavit being made that the defendant had a good defence, and on condition that the amount of the verdict was paid into Court, which was done. Mr Guinness now appeared for the defendant. The amount of the debt was not disputed, but it was sought to be proved for the defence that the plaintiff had taken an I 0 U from a man named Henderson for the amount, and as Henderson had paid some portion of the money the defendant's liability ceased, as the plaintiff had accepted Henderson's guarantee. This was denied for plaintiff, who said that the account now sued for and the one for which Henderson gave the I 0 U were entirely separate and distinct. A further adjournment was applied for, so that the defendant's evidence could be taken. The adjournment was granted to Cobden on Monday, {30th October, but hiß Worship informed Mr Guinness that the adjournment was granted t.« enable the defendant to prove that a third party WA9 liable for the debt. No plea of coverture would hold good, because if such a defence were intended, it should have been set up before the first hearing of the case. The defendant would have to pay the costs of the adjournment. Mr Staitefor the plaintiff. Aikin and Magill v. Thomas Longmire and party. — A claim of LIOO, for goods supplied at Moonlight. The plaintiff stated that the amount owing him by defendants was much larger, but it had been reduced to bring it within the jurisdiction of the Court. It was attempted to be shown for the defendants that the plaintiff had cancelled L 63 of the debt, on consideration of having certain shares in a water race and claim, at Moonlight, transferred to him. The plaintiff explained that he never accepted the ownership of the shares ; he merely held them as collateral security for his debt, and to protest the defendants' property when they were sued in Haydeti and Rankin's estate. J udgment for the amount claimed with costs. Atcheson v. Huddleston.— A claim of L 35, made up as follows : L2O as the defendant's portion of a joint liability incurred by the litigants for stores, &c, to a third party, and for cash lent, and Lls — the price of a half share in a water race. The plaintiff was nonsuited, as far as regarded the Lls for the share ; and judgment was given against the defendant for L2O, with costs. Farrelly v. Colreayy.— A judgment summons. The plaintiff obtained a verdict against the defendant for wages for working a share at Half-Qunce. The share he worked was seized by the bailiff, who was now ordered to sell it, to satisfy the judgment obtained by Farrelly at the last sitting of the Court. Byrne v. Lang,-— A claim of L 2 10s, for the wrongful conversion of a horse. This case arose out of a recent charge of horse stealing. The defendant went into a stable at Half-Ounce, and taking possession of the plaintiff's horse, which he found saddled and bridled, mounted the steed, and gallantly rode away. The defendant was' subsequently arrested for stealing the horse, but the criminal charge was abandoned. A verdict was given for the plaintiff for Ll with costs. Flexman v. O'Connell. —A fraud summons. The defendant was ordered to pay Ll per week with costs. Walker y. Lochhead. — An action to recover a riding-saddle, or the value of it, L 3 10s. The saddle was ordered to be returned or paid for, with Is damages for detention, and costs of Court. Lochhead v. Walker. — An action for Lls 10s damages. The plaintiff keeps livery Btables at Ahaura. A number of his horses were at Half-Ounce, and defendant went to fetch them. After leaving the Half-Ounce track, and reaching the Totara Plains, the horses got scattered in the darkness, and were lost for some days, thus depriving the plaintiff of the use and earnings of them. The defence was that defendant was not hired to bring down the horses ; he only did it to oblige the plaintiff, and did not ask or take payment. The horses got from under his control, although he used every effort to bring them to the plaintiff's stables. The plaintiff said the saddles on the horses were also injured, and one was lost altogether, but the extent pf the injury, the date of the occurrence could not be accurately ascertained until luohtjuie as

he had an opportunity of consulting his " log-book." Judgment for the defendant with costs. Verdicts were given for the plaintiffs in Thomas v. Samuel, L 2 15s 3d ; J. F. Johnston y. Jas. Bergin, for L3B Qs 3d ; Same v. Nicholas, for Ll4, the amount of an IOU ; Hamilton v. Hayle, for Ll3 ; and judgments went by default in^ the cases of Pox and O'Neill y. M'Henry and Coats v. Oallam. ' r