RESIDENT MAGISTRATE'S COURT.

Inangahua Times, Volume V, Issue 35, 13 March 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

Ttosday, Ma-boo 12tip, 1878, ((Before Edward Shaw, Esq., R.M.)i rt.t anoo sßitiNiO. P. M'Noill,. wns ohnrgod upon tho infor motion of Scrgoanfc NoviJlo> with- havinff oommittod a broach of the Lieonsing Act, by soiling liquors nfc Caplofltoii on tho sth tnfltanfc, not boin# duly lioonsod 1 . Sorgoant Novillo conducted tho case for the prosecution,, defendant wns.not jtoprosontod by counsel. '^uNtos Tho following ovidonco wns callw for the prosecution. John Wilson — Ti am a constable stationod at Roftfton., .JLrcqQllefeV tho fith instant on that dftwHBHKOp >Anty ait Capleflf.oTU I am 1 t ' 10> dafendnut, M'Noill. «P|pdhtyHhoro at abou-t ono o'olook a.m., and hearing that thero was a ball ah M'Neill 's houso I wont there. Tho houso boro- the *fijj|iS' anco of a public houso. Thoro bm&s!ftf nnd n barman nnd a barmaid there. Dnnc ing was going on^ and sonjo of tho pooplo nppearod ns if they had boon rccontly tippling. I did not actually sco any ono drinking, but thoro woro bottlos thoro. I askod M'Noilli if ho wag lioonsod, and he said no, Ho said ho had appliod for n license, nnd »pon the strength of tho application ho considered himsolf entitled tw sell drink. Ho further said tlmt ho was under tho improssion that his application for a license hnd bocn granted. So far ns I know ho has notnppliod for a liconsc. I told him if ho continued to sell drink ho would bo summonod. Tho proceedings wore, howovcr, continued as before, nnd I thon loft. Johu Williajtus — I am a farmer reuid*

ing at Fern Flat. I rooolloct tho foil instant, and was at Capleston on that day o'i busmen* ot" my own, I was in M.'Neiirn house on tlmt night. I had some drink thoro, and paid money for it. There was a bar in tho houso, and thoro were bottlos behind the bar. There- wcro a good fow people in tho houso- and danc* ing. I bad a daneo myself. Riohnrd Potorsen— l am a minor living at Oaplestoiv, On tho 5Ji instant I was in M-'Noill's houso. I was behind tho bar. M'Neilt askod mo to go behind tho bar to assist hin> in serving drinks. I served drinks on that ofoning, nnd received money. I sorvdd brandy,, boerj lemonade, and all kinds of drink thero was behind tho bar. Cross-esammecf by defendant— l did ftsls you- if you hid i* permit, nnd you said you had. You said you had O-'Brion/a liconso. Thonws Hamlot—l Iho in ReePton. On tho Gth instant I wna in M'jNeill'Ji Iwusj at Capleaton. 1 won* out as M.C. oi' a ball at hi» plaep. I hod' oomo boor at tho plaoo but did not pay anything I saw porsons pay monoy for drinks. Robert Wiudfordo— On tho 6th itmtant I was at 'M&eill's houso at CtipleHton, 1 had sorao drinks thoro and paid for them-. I had beer. I cot'ldi not soy that I saw nny person* drinkincj anythink olao. Ilenry Lucas— l am. Clork to tho Licensing Court, Reefton. Thoro is no record in tho offltoo of a publican's lioonflo having boon granted to Pcteu M'Noill. Se»gfin.it Noville— Somo littlo timo ago M'Neill met n>o in- tho street nnd askod whether li would' rocommond his- applioafcion for a ball. I said oortainly not as lie was not tho holder of a- publican"* liocnae. A fow days Inter- ho a^ain auked ra« tho same question, and I gave him tho same answer., ho asked rao whether ha-oould mako use of OABnon'a Imcuso, and I said I know nothing about that. Subsequently a lottcr was htuided. to mo signed by O'Brien whiob lotter I bunded to the Clerk to the- Licensing Bonoh, and have not soon, it since. O'Brien had boon drinking ia Reofton for soverol days* nnd that was- tho ohief reason why I would not rceommond tho porinifc, as I. did not oonsidor bin*, a lit a-nd- proper poraou. to hold a Uoonso. Fiwioia M^G-nigan — M'Noill bold mo that ho ooiild'got O'J3rien's liccnso to give tho application- to> tho Sergeant as he was going home. I took the- application* down to tlio .Sorgoanb, nnd paid the monoy to tho Ciorlc of the Court. Sergoant Neville fcoldnuM'hAfcif tho dofondaatgot O'Bfion I * liconso transferred that hj (Sergoant Neville) wuuld recommend it Ho d«l nob say he would recommend it, but ho said bliat it would- be all niubt, lv) thought. Tliis closed the onuo. l)bf^ndjUl^o?4plfti«cd' bhot boforo d«»eids ing to hold the ball ho came into town to obtain tho necessary petunit. lie apolce b.) Mr Mi'Giwgan,. and tho latter tuid he had Boon tlio Sergeant, and it was nil right, nnd acting under that beliof ha- reburnod and held 1 tho ball.. His Worship said dofendnnt had been found guilty of a acriou,s ol&neo— nn offenco against tho law,, nnd ngniiKit the rig)Us oi thoso liconsocs- who. annually pay v largo su.m for tho pDivilego of soil?' ing drink.. Ho hnd heard defendant's explanation but there was an old cannon whioh stated that ovory mnn shouldiknow the law.. Tho Bench was, however, will* ing. to ooncedo that the- defendant hnd aetod rnbhor from ignoranoo tlmu any* thing, olso,. bob tbo worst foa-two \n tho onßo was that jvfiop having boon, oautioivod by f'onstabio Wilson tho dVjfondnnt atill porsovorod in» tho broach of tho law. , It was- possible that dofoiklnnt mny have thought that tho permit would bo grantod, andioathataoooujiitigrontovlonioncy would bo shown shown, Fined JBls' nud> costsMoGa»FIN V.. WIIiKKS. This was an notion for £% 14* for board nnd lodging, Dofondaat did nob appear, Mid jndßment was given lor tho amount cbiimcd with costs,. Mr Pitt for plaintiff. O'Majj«h;is v. An Ha,y and Pmty. Noappoarancoof uithor party. Struck out. GITXOES- ANDNOTrKt,.V. PoWiRLL This case was- hoard at tho former sit* bing of tho- Court when it was adjpuvned in ordor to enablo tho plaintiff suing (Gittooa)i bo furnish tho authorisation of Itukpartnor (iNottel),. an. advortiscmont hoymg nppenrcd undor tho- hnnd of Noi* tol oniUioning nil persons against paying bho- debts of tho partnership to Gittoos. Mr Moss stntcd that ho had been instruotod by Nottol to. appear in. tho enso n« nlsO' by Gittoos, and ns judgment hnd ntrondy been j»• olicnlly confessed heasked that the amount claimod should be either impoundod by tho Court pondiu.g a settlement of partnership nccoiuits botiwoon Iho plaintiffii or that tho- monoy should bopnid to counselion their behalf, ll io Worship said ho codd not mnko such an tfder. Tho Court could nob regard l pnvunvship disputes, nud jiudg monti would thcroforo go for tlio amount alnimod. Godfrey v. ITiar.oPi Plaintiff in this enso said ho dosired to mnlffl an exphmation. Ho hnd suod dofondaut upon. & dishonored cheque, and dofondunt had oonfessod judgment, and ho (pluintiff) desirod immodiulo execution. Tho Bench—- Can you give nny renson why immodiiifct execution should issue. Wituoas— lt was a cash trausuotion.

and ho gave me n cheque for the amount, nnd I have tried nil ovor tho town for four days to g<;ti tho cheque cashed and can't. I have boon put n deal of bother about iho mittor, and wont my money. Tho Ben«'h— Well ennt you issue a disfcroas WBrrant to-morrow in tba ordinary way P Have- you any reason to bolieve that defendant is making awny with liUprojerby ift order to dofrflt the Judgment. Witno»»— l iwYo rcnaon to- believe that ho iff. Tho Bbndi— Thon state you" ronsons for thinking so upon nfiidnvit, nnd shoulo they bo considored snUioient iuimodiito oxccuition will bo issued. Monr.T.nu r, ConsTanttnk-. In this enso Mr Mosi» o» behalf of dofondan-t, appliftd for an» order dirooting tho Clerk of tho Court to rotarn to the defendant tho amount of a judgment lying in. Ooitft which lwd boon illogally so'.zod by th» barlHFat tho suit of tho plaintifl' in tho ease of Moeller ▼. Coiwtantiao. Mr Pitt j^ppcarod to oppose tho application holding that it was o-ltoßothor irregular, and thnt the- Court hud no power to interfere-. After n lengthy a-rgutnont by counsel, hi« WorsWp flufigostod that tho cuiio should »tand over for a fortiuxhl when another suit botweon tho pa-rtie* will come on., and the cases will thon bo tnken to* gother. This course having boon assented to tho Courc adjourned for a fortnight.