MAGISTERIAL.

Lyttelton Times, Volume LII, Issue 5807, 6 October 1879, Page 3

MAGISTERIAL.

CHRISTCHURCH, Satheday, Oct. 4. (Before GK L. Hellish, Esq., 8.M.) Laeoeny,—Thomas Bnglert was charged with stealing from the Museum a quantity of - imitation gems, valued at £4, the property of the general Government. Mr Neck appeared for accused. Case remanded till Oct. 11, bail being refused. Highway Bobbbey,—Albert Pillow was charged with unlawfully and maliciously shooting at H. E. May, with intent to do him grievous bodily harm. There was a second charge of assaulting H. E. May with intent to rob him. Inspector Hickson said there was a third charge to be brought against accused that of stealing arms from ; the Museum. As he was not prepared to go on with the cases at present he would ask for a remand. Remand till Oct. 23 granted, iHr Foster appeared to defend prisoner. Stealing a Swag. John Duncan was brought up on remand, charged with stealing a swag, the property of Alexander Maofarlane, a labourer. The owner gave evidence to, the effect that he left the swag on Tuesday; last at the Golden Fleece Hotel, and shortly after missed it. The one produced was his. Other evidence having been taken to show that prisoner had the swag removed, the Bench sentenced’ accused to six- months imprisonment with labour.’

Theateioal Omir Cass.—The case of Kirby r. Frost and Davis was resumed.; Mr Joyce quoted authorities to show that where the contract was incomplete and personal service was the essence of the contract,, the bankrupt was not deprived of his right of action. He held that the plaintiff was entitled to a certain sum of money for his pergonal labour during the last two or three weeks. He could not expect much. Whether he could get more than 1 a week’s allowance or not was for the Bench to decide. Mr Joynt argued that the plaintiff had no locus standi, and could only sue with the consent of the trustee. He therefore asked for a nonsuit. Mr Joyce declined a nonsuit. Mi Joynt: Then I will ask for judgment for- defendants. His Worship said he must agree with Mr Joynt. Under the 58th section of the Bankruptcy Act it was distinctly set down that all property of the bankrupt before he obtained nis discharge shall become absolutely vested in the trustee. Plaintiff could not therefore sue of his own authority, but must first obtain the consent of the trustee. Judgment would be entered for defendants with costs. WAIMATE. Friday, Oct. 3. (Before R. Beetham, Esq., 8.M.) Civil Oases.—Hunt v. Adams, £2O; nonsuited with costs. —Waimate County Council T, Lovegrove, £4l 2s fid; adjourned to Oct. 9.—Same v. Theobald, £1 3s; judgment for plaintiffs with costs. Same v. Thomson, £l3 2s fid; adjourned to Oct, 9.—Samet. Woods, 8s; judgment for plaintiffs’ with costs.—Same v. Cairncross, £l2s; judgment for plaintiffs with costs.—Same v. Cordher, £3 10s; adjourned to Oct. 9.—Same v. Southern, £1 10s; judgment for plaintiffs with costs. —Behan v. Talbot, £26 5s 6d; judgment for plaintiff with cost. —Reading v. Kelly, £3; judgment for plaintiff with costs. Dash v. Yining, £9 19s; adjourned to Oct. 9, defendant to pay 10s.—Kent v. Hoadley, £5 9s; judgment for plaintiff for £2 and costs.