MAGISTERIAL.

Lyttelton Times, Volume LVI, Issue 6474, 26 November 1881, Page 3

MAGISTERIAL.

OHBIBTOHDBOH. Fbiday, Not. 25. (Before G. L. Hellish, Esq., S.M.) DBtrNKBKXBas.—Two first offender* were fined 5s each.—Owen M'Quiro was fined 5t for being drunk in High street on the provious day. Labobny.— Sarah Jane M'Halleny was accused of stealing from a dwelling 14j i n one pair of earrings, and a capo, value £1 12s fid, tho property of William Stevens, The prisoner admitted tho charge. The offence had been committed antecedent to the date of a previous one of which the prisoner had boon convicted some few days ago. His Worship said it was the desire of the prosecutor to withdraw the case, and seeing that accused had already undergone imprisonment on tho previous charge, and he believed that some ladies were interesting themselves on her behalf, ho would not take the accused’s plea of guilty, but allow the charge to be withdrawn. The prisoner was then discharged. Thomas JarOine wes charged with s*ealing a meat chopper, value 3s, the property of Benjamin Searle. Superintendent Broham said that tho man had only been arrested that morning, and he would apply for a remand. Bemanded to the following day; bail being allowed in two sureties of £lO each, or one of £2O.

Allbobd False Pbbtbhcbs —ln the case of George Hooper, accused by H. h. Nathan with obtaining goods by false pretences, Mr Baphael said that at the express desire of tho prosecutor, he would ask that tho case be withdrawn. His Worship granted the application.

LYTTELTON. Fbiday, Nov. 25, (Before Joseph Beswick, Esq., 8.M.) Refusing to Join thbib Ship.— August Melan and John Olsen, seamen on board the American barque Chattanooga, were charged with refusing to join the vessel. They had been imprisoned for desertion, and the Bench ordered them to be put on board by tho police. Beeach op thb Fobbign Seamen's Act. —Edward Charles, a boarding-house keeper, was charged wish conniving at the desertion of August Melan, a seaman on board the American barque Chattanooga. Evidence was given to show that defendant told the sailor that he could leave his clothes at hie house, and advised him to clear away upcountry. The Bench remarked that such men were the source of great trouble and annoyance to masters of vessels in inducing their crows to desert, and fined defendant £5, which was paid. Begisteaxion op Electobs Act.—J. B. Willcox v. W. M'Beth. This was an objection to Mr M'Beth’s name appearing on the Lyttelton Electoral BolL Mr Willcox said his objection was that Mr M'Beth was not a resident in terms of the Act of 1879. The Bench wished to know how clause 25 of the “ Registration of Electors Act, 1879,” was to be got over. Mr Kalder, who appeared for Mr M'Beth, said the clause in question could not be got over, as it stated *' that no name should be removed from the roll of any district after the issue of a writ for the election of a member for the said district until the completion of tho said election;” and that he was prepared to call the Betum-ing-Cfficer, who would produce the writ for the election; but that as there appeared to be a question whether the case could not be heard now, and the name struck off the roll after the election was over, he was prepared and would prefer to go into the merits of the case, especially as it would finally settle the right of the parties to be on the roll. Mr M'Beth stated that he had a room at the Mitre Hotel, which he had occupied for the last two years, and in reply to Mr Willcox, said he had not resided 'in Christchurch dating the past six months. Mr Willcox asked for an adjournment in order to bring witnesses to refute Mr M'Beth’s statement. Mr Nalder objected to this, saying that tho objector should have come prepared to prove his case. Mr Hill, landlord of the Mitre, confirmed Mr M'Beth’s statement. Mr Nalder then quoted from Carleton’s Practice at Elections and Registration, showing that it was not necessary that defendant should have occupied such rooms continuously, but that having possession thereof was sufficient to qualify him as an elector. In reply to the Bench, Mr M'Beth said his name was not on the electoral roll of any other district. The Bench dismissed the objection, and allowed solicitor’s fee, one guinea.—J. B. Willcox v. George Talbot. This was an objection on the ground that defendant had not owned the property for which he claimed to vote, six months previous to date of registration. Mr Kalder appeared to oppose the objection, and called Mr Talbot, who stated that ho applied to be registered as an elector, his qualification being a freehold, a part of rural section No. 40, of the town of Lyttelton. He purchased the land in August, 1880, from Captain M'Lellan, and obtained his receipt for the same at the time (receipt produced). The value of the land was £4O. (Cheque given for tho amount to Captain M'Lellan at the time p-oduced). Mr Willcox asked if any conveyance of the land had been executed. Mr Nalder pointed out that this was not required under the Act, as the qualification was that the person claiming to vote may be seized or entitled, either at law or in equity ; and the reason why no transfer had been completed was owing to a mistake made by the Land Transfer Office in the original certificate. The objector said he could raise no further points in face of the evidence, and the Bench dismissed the objection, allowing counsel’s fee a guinea.

Civil Case. —Queree v. Howes, master of the barqna Chattanooga, claim £llss. Judgment for plaintiff, with costs.

WAIMATE. Thursday, Nor, 2 k (Before K. Beetham, Esq., R.M.) Am-KaED Embezzlement.—Samuel Garrett was charged with embeirliug, on Sept. 3, the sum of £3 Ss, Urn property of his employers, Everitt and Brown. Ihe accused pleaded not guilty. Ou the application of the police he was remanded till Nov. 28. Sly Qkoci Selling.—James 9haw, Steward of the Nor; h AVaimate .Working Men’s Club, was charged with selling alcoholic liquor to Charles lefevre, alias French Charlie, he not being at the time the holder of a license. Mr White appeared for the defendant, who pleaded net guilty, and Inspector Pender conducted the prosecution. The evidence, which was very contradictory, occupied a considerabletiujo.’sonie witnesses swearing that no liquor was paid for by Lefevre until he had become a member of the Club, while others swore that two drinks were paid for by Lefevre before he signed the members’ book. His Worship said ho had no doubt that there had been sly grog-selling of the most bare-faoed description, but there was a doubt in his mind whether he could convict the accused. He would take time to consider. His Worship spoke indignantly of the state of affairs as disclosed, and described such as abominable. Two other similar informations against the accused were withdrawn. Mr Boetham’s decision in the iiret case will bo given next Court-day. Assault Cases —Mary 0 Bnen, aged 12, was charged with assaulting George Flanagan, aged 6. There were two informations against the girl, who received a severe reprimand from the Magistrate for her bad conduct, and in dismissing her Mr Beetham advised her father, who was in Court, to chastise her. A case of assault against Louisa Webb, preferred by Frances Hunt, was dismissed, the evidence being so conflicting. Civil Casb.-J. Smart v. P. Sullivan, claim £7 15s, judgment summons. The debtor was ordered to pay £1 per month, first payment on Poe. 5; in default of any single payment, 14 days’ imprisonment.