MAGISTRATE'S COURTS.

Lyttelton Times, Volume XXV, Issue 1650, 31 March 1866, Page 2

MAGISTRATE'S COURTS.

CHKISTCHUBCH. Wbdwhsdat, Makch 28. (Before C. C. Bowen, Esq., R.M.) Henry Julius Epstein, charged with being a deserter from the ship Winslow, was remanded to Akaroa. civil. CASES. Citt Copkcil and Katbpaybhs.—Dr. Foster applied to have the case of Williams's appeal amended. It had been so prepared that no particular points of law were raised. He wanted to know if Mr. Williams wished the case to be amended. Mr. Williams said that the Court had been served with a writ of certiorari in Allen's, an exactly similar case, to remove it to the Supreme Court, and it was unnecessary for hun to proceed with his own case. He could not see the necessity of its being amended, and should only consent to it if he was obliged. His Worship said that it seemed to him that the most convenient course would be to allow Allen's case to go to the Supreme Court by cer~ tiorari, watch that case, and if it was found on the part of the City Council that every point which the Council desired was not raised, then Mr. Williams's case could be proceeded with again in this Court.

Mr. Travers, as amicus curiae, said that the ease of appeal came before Ms Honor, and certain points of law were argued. On looking into the case his Honor found there was no point raised on the face of it on which he could give a decision, and again there was no appeal from his decision. He felt that his decision would not settle the matter, and it was suggested, that steps should be taken to bring those points before the Supreme Court, so that there might be an appeal to the Court of Appeal, to settle all questions under the Acts. The case was referred back, and it lay with Mr. Williams to get his case before the Supreme Court, and until Mr. Williams had failed in duly prosecuting his appeal according to the law there could be no further steps taken. At the same time, it was thought advisable to remove Allen's case, and it rested with the City Council to raise all these questions, because they would declare in their declaration their authority for suing, and tLat would raise every question.

After a few remarks from Dr. Foster and Mr. Williams,

His Worship said that he had diligently examined the practice in other courts, and he was o opinion that it would not be decent for him, when a case was brought before the Supreme Court to settle a point of law, to enforce judgment in this court in cases absolutely identical.

Dr. Foster pressed his point that the case Bhould bo amended, as it was not a bona fide case. It was so drawn up that it did not raise the main points. It could not be decided on this case that the City Council was legally constituted, but whether certain evidence was rightly excluded. After some further arguments,

His Worship said that in looking over the case and order, he found there was no particular day mentioned by the Court, on which it should be sent up amended. If the case was brought before him again, and it was stated that all the points were not raised in Allen's case, he should send this case up, but at present he looked on Allen's as a better case to try the points, and until he was satisfied that it did not raise all the points he should not send this case back. He did not say that he should refuse to amend it, but he should hold it over, his own opinion being against sending it up while the other case was pending. He should not amend it until it was shown to him that Allen's case did not raise every point; then he would amend this case and send it on to the Supreme Court. A. Farsby v. J. Wilson.—This was a claim for £32, for dishonoured acceptance. Plaintiff did not appear; Mr. Joynt appeared for defendant. Defendant stated that it was an accommodation bill, and that he received no consideration. Plaintiff was non-suited, and ordered to pay costs.

Richard Turner v. J. M'lntosh.—This was a claim for £38 12s for wages. Defendant did not appear, and judgment was given against him. C. W. MnrcHiwEit v. Worslby andVicaby. —This was a claim for £35, the value of a horse. Mr. J. S. Williams appeared for plaintiff, and Mr. Garrick for defendants.

From the evidence, it appeared that the horse was borrowed from plaintiff bj defendants, and while in their possession got staked and killed from attempting to jump over a fence. Plaintiff said that he told defendants that the horse was in the habit of jumping, and should be put in a stable, and not in a paddock. Defendants denied this statement.

Mr. Garrick contended that defendants had not been guilty of any negligence, and had taken care of the horse as if it was their own, and were therefore not liable.

His Worship said that the evidence of the plaintiff that he gave a special caution was not corroborated, and that a claim for negligence should be better supported. He should, therefore, give judgment for defendants.

Thuhsday, Makch 29. (Before C. C. B..wen, Esq., E.M.) Thos. Eeid, charged with a breach of the Footpath Ordinance, in wheeling a barrow along the footpath, was dismissed with a caution. Theodore Detthier, charged with allowing a horse to wander at large, was fined ss. Marian Cole, charged with having an unregistered dog over three months old in her following was fined £1. Edward Hatfield, for a similar offence, was fined £1. Isaac Mitchell was charged with stealing a pair of boots, value 16a 6d, from the shop of Mr. Raphael, in High street. From the evidence it appeared that between 11 and 12 the previous day, prisoner came into the shop with a sailor, who purchased a pair of boots, and took the opportunity to appropriate the pair produced. Prisoner went away, and was followed and brought back, and the boots were found on him. The prosecutor said he did not wish to press the charge, as prisoner had a large family, and was in poor circumstances. Inspector Pender said that the prisoner had hitherto borne a good character. The Bench, in consideration of these circumstances, sentenced the prisoner to a week's imprisonment. William Stewart was charged with horsestealing. S. Horneman, the apprehending constable, deposed that Mr. Morrison, of St. Asaph street, had lost a horse, saddle and bridle, and that he found them between the Carlton Hotel and the prisoner's house. John Morrison deposed that he tied his horse, with saddle and bridle on, outside the Carlton Hotel, Prisoner was there at the time, and after he left,witness missed the horse and his trappings. They were found as stated by the last witness. A witness, named Julius Fuller, gave evidence which showed that there was no intention to steal. His Worship dismissed the case, as there was evidently no intention of stealing, but said that persons who took away horses and made use of them were liable to a civil action. LTTTELTOM". Wednesday, March 28. (Before J. W. Hamilton, Esq., R.M.) Desertion FEOM TltE SHIP Cissy. — Two seamen, named Eobert Sinner and Gustaf Anderson, were brought up this morning, charged with committing the above offence, on the morning of the 27th insfc. Capt. Spencer and the chief ofllcor proved the offence. Tho prisoners admitted tho charge, and the Mugistrate sentenced, them to 12 weeks' imprisonment, with hard labour. The same prisoners were then charged with embezzling and wilfully damaging part of the etorcs of tho 81 lip ; for this offence they were ordered to be imprisoned for one week at tho expiration of the previous sentence, and to pay a fine of £1 each, to be deducted from their wages, for the damage done to the property.

Thursday, Mauch 29. (Before William Donald, Esq., R.M.) Melandek v. T. Ritchib and Co.—Claim made for £23 13a. .Defendant paid £19 17s 7(1 into Court. Mr. Nalder, solicitor, appeared on behalf of Mr. Ritchie. This claim was made by Captain Melander, of the ketch Star of Tasmania, for taking a cargo of timber round to the railway wharf, from the Bhip Norge. The defendant on receiving the account disputed the measurement, and declined to pay, and hence this action. The price agreed upon was Is 7d per lOOfeet. Plaintiff stated that Holmes and Co.'s receipi showed that hehad delivered 29,940 ft .superficial measurement. After hearing evidence on the other side, the Resident Magistrate gave judgment for plaintiff, subject to"a correction of the account, with 21s coats.

KAIAPOI. Tubsdat, Mabch 27. (Before W. B. Pauli, Esq., 8.M.) Thomas Hughes, labourer, Kaiapoi, charted with violently assaulting and the lire of his wife on Sunday evening, the 2ftth lnaWpU The case was fully prowd. and the accused, who was bound over to keep thei peaoe foreix months in July last, was sentenced to one months' imprisonment with hard labour; ; , John Bell, Woodend, wat charged with »upply*ng spirituous liquors to a Maori, at Woodend. The, evidence being unsatisfactory, tho case was dismissed. The following civil cases were next disposed of, judgment being given forjplaintiffs with costs. 8. Bedfern v. Thomas White, £32 5s 9d; same v. W. Bowles, £2 12s 6d; Newnham and Buddie v. G. Groves, £3 18s 8d; same v. B.Taylor, £4 4s 2d. In the cases of 8. Coleman v. D. Cameron, £17, claim for detention of a bullock; and J. McDougal v. J. Blackmore, £6 13s lOd, the plaintiffs were nonsuited.