MAGISTERIAL.

Lyttelton Times, Volume LXI, Issue 7222, 23 April 1884, Page 3

MAGISTERIAL.

— * — CHEISTCHIJECH. Tuesday, April 22. (Before E. Beetham, Esq., E.M., and E. Westenra, Esq.) Drunkenness. —Mary Ann Duffus, an old offender, was sent to gaol for 14 days. —John Fleming was fined 10s or 48 hours in default. Eeceiving Stolen Property. —Marks 801 l was charged, on remand, with receiving goods value £32 14s, the property of M. Harris and Son, knowing the same to be stolen. Mr Stringer appeared for the accused. The evidence led by the police in this case was, with one exception, the same as that adduced • against P. J. Ormandy, who was charged on the previous day with stealing goods from. Messrs Harris and Son, by whom he was employed; and it was some of these goods that formed the subject of the present action. In addition to the witnesses, M. and H. Harris and Detective O’Connor, George Thomas Hudson, of the firm of Mortlake and Hudson, ironmongers, Colombo street, aid formerly, till December last, of Hudson, Eidley and Co., who carried on the business of general importers, stated that accused bought very few goods to witness’ knowledge from the latter firm; he bought hardware and fancy goods. Could say that the work-box fittings produced were not in the firm’s warehouse, nor any of the other goods produced. Crossexamined : Was away from February to August, 1880, but there was no buying going on in tb* fancy goods department of the firm that witness did not know of, as be was the buyer for the firm. At the conclusion of this witness’ evidence, accused was committed for trial. Bail was allowed, accused in ,£IOO, and two sureties of £IOO each. Accused found bail.

CIVIL CASES. Interpleader. —la the case of Tweedie v. Frost, in which execution had been issued for .£lO, Mrs Frost, interpleaded, on the ground that all the stock and furniture in the Eolleston hotel, of which defendant was licensee, were hers by virtue of a bill of sale, dated September last, the bill of sale having been given for a valuable consideration, viz., money, which was secured to Mrs Frost for her separate use. Mr Stringer appeared for the claimant, and Mr Deacon for the execution creditor. Mrs Frost said that she had advanced her husband £3OO in June, 1882, and a second amount of £IBO subsequently. Was a widow when she married Mr Frost, and had money from her previous husband, to her own private use. The money was deposited in the Colonial Bank, and witness drew it out for the purpose. Mr Frost gave her a bill of sale for £IBO. There was in September, 1883, a settlement at the second marriage, but the papers wore in the North Island. Cross-examined: The previous husband died without a will, and witness took out letters of administration., Was married to Mr Frost in Wellington. It was after witness was married that a deed of settlement was signed at Mr Buckley’s solicitor s office. Had £7OO now. Mr Stringer said ho had acted as solicitor between Mrs Frost and defendant. At the time the agreement was drawn out she had money to her own account in the Colonial Bank. Her husband wished to borrow it, and made no claim to it. Witness prepared the bill of sale for J»480, including the two amounts which had been advanced. Mr Deaeon submitted that there was no doubt that there were

goods in stock at the hotel sufficient satisfy the judgment, which had be brought to tne premises since the bill o sale was given. Mr Stringer said the bil of sale included after-acquired property. The executing bailiff was called, and stated that he had not seized the liquors in the bar. Mr Deacon said he had given instructions that the stock-in-trade should be seized. He thought he had an action against the bailiff. Mr Stringer submitted that Mr Frost had aquiesced in his wife possessing the property—her money—by his actions since the marriage, as shown by the fact of his having given the bill of sale to his wife; this was sufficient to secure the property to the wife. Mr Deacon replied that the cases cited in support of Mr Stringer’s view only referred to instances where there were disputes between relatives after the death of a husband, astothe division of deceased’s property, His Worship thought the hill of sale was not good as regarded the .£3OO, which, was lent without any consideration at the time. Mr .Stringer said the deed would still be good as regards the JEIBO, and it was for Mr Deacon to show that there was stock, &c., to a greater value than that. His Worship ruled that the deed was good for J2IBO, and if Mr Deacon could show that there were goods on the premises worth more than that, be conld get the amount of his judgment. After some further argument, his Worship said he would hold the execution good as the £3OO (lent two years before the bill of sale, purporting to cover it, was given,) had been reduced into possession by the purchase of furniture and stock for the hotel, therefore the bill of sale was not good against the execution. Interpleader dieallowed. Mr Stringer gave notice of appeal.

EANGIOEA. Tuesday, April 22. (Before C. Whitcfoord, Esq., B.M-, and A, H. Cunningham, Esq.). Prohibition Order. —An order prohibiting the supply of intoxicating liquors to Hugh Henry, in the Eangiora, Ashley, Kaiapoi and Mandeville districts, for one year, was made on the application of defendant’s wife. Civil Cases. — J. Guthrie v. A. Marshall, claim ,£3O. Mr Gresson for plaintiff ;Mr Spackman for defendant. Plaintiff stated that he made an absolute sale of a horse to defendant for .£3O, the amount claimed, mid certain arrangements as to payment. Defendant, however, after keeping the horse for about three weeks brought it back, and said as it did not suit him, he wished to return it. Witness refused to take it back, and defendant then took off the bridle and let it run. Witness had not seen it since. Defendant, in defence, stated that he was to have the horse on trial, but as, in the opinion of the Bench, his evidence did not bear this out, they gave judgment for plaintiff for the amount claimed and costs. Judgmentwasgivenforplaintiffinthe following cases;—T. Smith v. A. Thompson, claim £1 4s; Same v. John Pitzell, claim .£1 ss; Orchard v. J. Guthrie, claim £4 7s 6d, and H. Blackett v. P. Sharpe, claim £2B 4s 7d on a dishonoured promissory note.

ASHBUETON. Tuesday, April 22. (Before H. C. S. Baddeley, Esq., E.M.) Drunkenness. —George Mitchell was fined 10s for drunkenness. Borough By-laws. —J. P. Butler, J. Hepburn, and P. M’Parlane were each fined 5s for stray cattle. William Orr was fined 25s for leaving a horse unattended. Breach op the Licensing Act. —Joseph. Baldwin, licensee of the Spread Eagle Hotel, was fined 40s in each of two cases in which he was charged with failing to provide at his hotel a proper supply of provender, &c. TTMABTJ. Tuesday, April 22. (Before J. Beswick, Esq., E.M., and T. W. Hall, Esq.) Forgery. —Mark Christie alias Thompson, charged with forging the name of Mr Mumford, hotelkeeper, Mackenzie Country, to a cheque for .£49, and uttering the same to a tradesman in Timaru, was remanded to Monday next to admit of witnesses being produced. Breach op Ordinance. —John Kirby, for tethering a cow in the street, was fined 10s, and 7s costs. Sly Grog.— Two charges of sly-grog-selling against a farmer on the Levels Estate were withdrawn. Larceny. —Margaret Eooney was charged with stealing a quantity of knives and forks, lace curtains, collars, Ac., the property of Josephus Murphy, hotelkeeper, Pleasant Point. Mr C. Perry appeared for accused. It appeared that accused had been two years and a half in prosecutor’s employ, and that shortly after she had left, acting on the strength of statements made by a fellow servant, prosecutor procured a search warrant and discovered in her boxes at a bouse in Timaru certain old common knives, forks, and spoons, which prosecutor and his wife faded in Court to fully identify, and a quantity of lace, &c., which prosecutor’s wife fully identified. After an able defence had been made by Mr Perry, and a number of witnesses as to character had been heard, Tfia Worship convicted accused, but in consideration of the trifling value of the articles stolen, and the previous good character of accused, he sentenced her to 48 hours’ imprisonment, ordering the gaoler to keep her carefully apart from other prisoners. Civil Cases. —W. Eutherford v. John Kean, claim £35. Mr Tosswill for plaintiff; Mr Hamersley for defendant. The case was about to be withdrawn, when Mr Tosswill pressed for judgment for 21s solicitor’s fee, and 12s costs, which was accordingly entered up for plaintiff.—Webb and Eadcliff v. Landsborough, and E. Thompson v. E. Taylor, claims .£5 and .£36 respectively, were both adjourned for seven days.—E. Thyne v. James Moore, claim £3 19s. The case was struck out, neither ppty appearing.—E. Spain v. J. Keen, claim .£lO 18s Bd, judgment summons. Defendant was ordered to pay the amount in monthly instalments of 20s, the first instalment to be paid on May 22; in default, 14 days’ imprisonment.—Eose Weaver v. H. Clapham, claim £l, balance of one month’s wages as tailoring machinist. Mr Lynch for plaintiff. In this case defendant alleged that plaintiff came to him for a month on trial, but that he had voluntarily given her some money in consideration of her circumstances. The plaintiff was nonsuited.