MAGISTERIAL.

Lyttelton Times, Volume LXI, Issue 7224, 25 April 1884, Page 3

MAGISTERIAL.

CHRISTCHURCH. Thursday, April 24. (Before R. Westenra and F. J. Kimbell, Esqs.) Drunkenness. —R. Davis, who had been refused drink at Coker’s Hotel yesterday, in consequence of his having had too much already, and had then broken one of the windows, was fined 15s and ordered to pay 7s 6d damages; in default 48 hours’ imprisonment. —Thomas Russell was fined 10s for drunken aess, or 48 hours’ in default. Stealing Overcoats. —_ Thomas Coles was charged with stealing an overcoat, value 295, from the outside of the shop of T. Austin, Victoria street. Sergeant Pratt called evidence which showed that the accused was seen to take the coat off a nail in front of Mr Austin’s shop in Victoria street. The shopman was apprised of this, and followed the man, overtaking him about half a mile from the shop. Accused was shortly after arrested by Constable Duggan. He told the Bench that he had picked the coat from the footpath, and was “ looking round for a policeman to give it to him.” There was nothing previous against this prisoner, and ho was sentenced to one month’s hard labour, —James Hedge, alias D. Hearn, was accused of stealing an overcoat, also the property of Mr T. Austin, from his shop in Lower High street. The facts of this ease wore almost exactly similar to the preceding. Both men adopted the same tactics; perhaps not with the intention of obtaining lodgings at the Government expense, but to obtain a new overcoat for the winter. Hedge is an old offender ; in fact, ho was “ only just out.” Sentenced to three months’ hard labour. CIVIL CASES. (Mr C. Whitofoord, R.M., hero took a seat on the Bench.) Laxng v. Frankish. —Claim X 8 Bs, two subscriptions for the privilege of shooting rabbits on plaintiff’s land. Mr Fisher appeared for defendant. Plaintiff stated that in 187fi defendant and a number of other gentlemen formed a Rabbit Club, for the pxxrpose of shooting rabbits or native , game, on Templet’s Island. Defendant

was. President'erf the Club. The subscrip—tion, to be paid to plaintiff by each member, was £4 4a per annum. Plaintiff said that during this season the Club had not used his land,, but they had not given him the notice agreed to be given in case of' discontinuance* Defendant had told plaintiff in February last the Club had decided not to shoot over the land this year; but plaintiff complained that he had not received a written notice. He had written to each member individually, and had received replies from aborat three-fourths stating that they did not wish to use the laud,, but those v who had not replied plaintiff held responsible, .for ho had preserved the.game on his land .in terms of the agreement. Dr Britthv w ho- had acted as Secretary to the Club, said that when the Club was first formed it was agreed that, .£63 per year,should be paid to Mr Laing by the Club,.but;.in 1882, it was arranged that Mr rLaing should collect £4 4s aach from the-15,members that then formed the, Club. For the defence, it was alleged that, in .1888,.plaintiff had broken his agreement by allowing friends of his (not members of the Club) to shoot over the land, and also destroyed the game with fcarets. Dr FVaukish said that Mr Laing never requested'ham to give any written notice of discontinuance. Mr Laing had always called to> see him, before each season to ■ know if the shooting, was to be continued, and this' season* had been told" no.” The arrangement* was only from ■year to. year, and this y.iar the Clul> thought, it not worth whl& to go on as there were so few rabbits., Dr Frankish denied any liability with reference to Mr Lewis'subscription, which, was claimed by plaintiff. Messrs Steele- and King, twoother members of the Club, stated that the Club had the right of declining to continue the arrangement yearly.. Judgment for defendant with costs.

Miscellaneous.— Judgment was given for plaintiff by default in the eases of Spademan v. Duncan,, claim £3 19s 2d ;. Drainage Board v. Sponger, claim £6 9s 5d same v. See vena, claim £1 Os lOd; same v. Clarke, claim £5 2a. 7d ; same v. Pearce, claim £1 Os 10d.—In Talbot v. Mason, claim 15s 6d, 8s lid had been paid into. Court, and judgment was given for this, amount.—Drainage Board v. Adams, claim. £1 15s Bd, for- rates. Judgment for plaintiff with casts.—Harris v. Templer, claim £ls, balance due for carting and stacking grain, crop. Mr Kippenbetger for plaintiff; Mr Martin for defendant. The agreement made was to the effect that plaintiff was to. cart, stock and slack the crop off 200 seres for £6O, the work to be done in a reasonable time to the satisfaction of defendant, who had paid £45, bnt objected to pay the balance on the ground that plaintiff had been dilatory in the Work through not employing enough men. It was also alleged that defendant had suffered a loss through the grain having been damaged by plaintiff’s delay. Plaintiff contended the delay was unavoidable owing to, bad weather, and also that defendant interfered, and thus caused some damage himself. Judgment for £4 15a and costs.—M'Cleary v. Fagan was adjourned to April 30; Csddwell v. Marshall, to May 1; Drainage. Board v. Deacon, to April 29; and same v. Bennetts, to May 1. LYTTELTON. Thursday, April 24. (Before E. Beetham, Esq., R.M.) Civil Cases. —Meyer v. Simpson, claim £2 15s; judgment was given in this case by default.—Ware v. Mitchell, claim £B. Mr Joyce for plaintiff; Mr Kidder for defendant. A set-off for £1 12s was put in, and both parties consenting, the hearing of the case was adjourned till to-mor-row, to enable Mr Joyce to consult with hia client re the admission of the set-off. AMBERLEY. Thursday, April 24. (Before A. Broadfoot and P. Courage, Esqs.) Breach op the Licensing Act. —G. B. Dance, of the Railway Hotel, was charged with having on Sunday last served drink to one Thomas Douglas, not being a low, fide traveller. The defendant, who was represented by Mr Millton, denied the charge. Constable Watt called Thomas Douglas, who stated that on the Sunday in question he had had two glasses of beer at the Railway Hotel. He paid for one, and a gentleman for the other. Previous to having the beer at the Railway Hotel, had a glass at the Crown. Witness stated that when he went to the Railway Hotel he was perfectly sober-, and told defendant he was a traveller. Had slept at M’Lean’s hotel the night previous. Constable Watt gave evidence as to seeing the man drunk on the Sunday, coming from the direction of the Railway Hotel. At about 2 p.m. arrested him for drunkenness, for which he was fined the following day. Mr Millton called the defendant, who deposed that he had known the witness Douglas for over 12 months. When he came to his house on the Sunday morning be was perfectly sober, and as he (the defendant) was unaware that Douglas had slept in Amberley the previous night, and had come from where he had been lately employed (over five miles) he supplied him with one glass of beer. Douglas came back to the house at about 2 p.m. on the same day in a drunken state, and was refused any drink and left the house. Mr Millton having addressed the Bench for the defendent, the case was dismissed, the Bench in doing so cautioning the defendant to be more careful in supplying drink to men such as Douglas (who was ruining himself with it), and more especially on Sundays ; also to be more careful in ascertaining who were and who were not bond fide travellers. Constable Watt intimated to • the Bench his intention to lay. an information against Douglas for falsely representing himself as a bond fide traveller to Mr Dance. * Civil Cases.— T. M’Naught v. John Dakell, claim £l4 6s 7d; judgment foxfull amount and costs. —Same v. C. Pat-tex-son, claim £5 19s Gd; judgment by default. —J. W. Powell v. G. Mansfield, claim £2; judgment for amount claimed and costs.—J. White and Co. v. W. H. Rhodes, claim £5 Is lOd. Mr Millton foxdefendant. This was a very intricate case, and took up a considerable time of the Bench, who, after hearing lengthy evidence for and against, gave judgment foxdefendant with costs.

TIMAEU. Thursday, April 24. (Before T. W. Hull, Esq.) Drunkenness. Chalig Vecht and Samuel Ellis were fined ss, in default 24 hours’ imprisonment. William Crowley was fined 20s, in default four days’ imprisonment. Disobeying an Driver. —Edwin Best, charged with failing to pay the sum of 25s weekly towards the support of his wife and family, as ordered by the Court, was remanded till Tuesday, April 29.