MAGISTERIAL.

Lyttelton Times, Volume LXVI, Issue 7928, 3 August 1886, Page 3

MAGISTERIAL.

CHEISTCHUECH. Monday, August 2. (Before E.Westenra, J. Y. Boss, and A. Scott, Esqs.) Dbunkknnkbb.— -John Kelly, an old offender, was fined 10a, or forty-eight hours. —A first offender who did not appear, was dined 10a, or forty-eight hours. (Before B. Beetham, Esq., 8.M.) Bheach of Pbopeett Assessment Act. —The adjourned case against the Aus- , tralian Mercantile Union Insurance Company was resumed. The alleged offence i wa? the neglect to.appoint a Public Officer, within three months after the Company | .commenced business in the Colony. Mr I Kippenberger appeared to prosecute on •behalf of the Property Tax Department, «nd Mr Joyce for the defendant Company.; The evidence had been taken previously, v And afterbearing counsel His Worship said , be would convict, but would take time "to consider what penalty should be ducted. The Company was liable of £SO per day for every day the expiration of the three months jfirom the date of commencing operations

The total amount they would have to pay under this provision "was .£31,200, but it would, perhaps, ease the Company s mind to know that the fine would not be so large as this. Civil Case.— The case of W. Evenst v. Jessie Laudergan and C. H. Parker was an action to recover £SO damages for an alleged illegal distress. Mr M'Connel appeared for plaintiff, and Mr Stringer for defendants. The facts of the case appeared to be that the plaintiff, a master manner, leased premises in Armagh street from Mrs Landergan under agreement dated June 22, 1885, “at the rate of £l2s 6d per week (free from rates and taxes) payable every four weeks; the first payment to be made on June 22." Plaintiff had paid £4loa on June 23, 1885, being a month’s rent in advance, but there was no payment made in July, and the next payment of £4 10s was made on August 17,1885. Subsequent payments to the same amount were made on Sept. 17, Oct. 12, and Nov. 12 respectively. The last payment was for the four weeks’ rent due on Nov, 9, and a few days before it was paid a demand had been made for that particular rent. Plaintiff and his wife both stated that no demand had been made for the rent in advance, except when they took possession of the premises. On Nov. 18, Mrs Landergan, by her bailiff, Mr C. H. Parker, who was joined with her as a defendant, distrained for four weeks’ rent in advance under the agreement. Plaintiff was away at sea, and Mrs E verist was ill at the time. It was given in evidence that shortly previous to the distraint Mrs Landergan had asked Mrs E verist to accompany her to the races, and Mrs Everist had declined. She said she had also declined to accompany her to Sumner and New Brighton. Mr Stringer admitted that the distraint had been made tor rent in advance, and Mr M'Connel endeavoured to show that the agreement should be read, that the only payment to be made in advance was the first month's rent. Mr Beetham was quite clear, however, that the agreement meant that the rent was to be payable in advance every four weeks. His Worship said if there had been any possibility of concluding that the agreement was ambiguous, he would gladly have given plaintiff the benefit of it; the more so as his sympathy was entirely with the plaintiff, as a more unnecessary and spiteful proceeding than this distress he never remembered to have heard of. The landlady-ought to have been ashamed of herself for such a proceeding. Still, in issuing the distress warrant, the defendant, Landergan, had been within the letter of the law, and he greatly regretted he would have to nonsuit the plaintiff; but he would not allow one halfpenny costs. Mr M’Connel said he would probably appeal. KAIAPOL Monday, August 2. (Before Caleb Whitefoord, Esq., E.M.) Police Cases. —G. Anderson, who was charged with being drunk and disorderly, was'sentenced to 24 hours’imprisonment. LEESTON. Friday, July 30. (Before E. Beetham, Esq.,B.M., andW. D. Lawrence, Esq.) Cattle Teespass. —T. Longstaff was fined 6s and costs in each case for having cattle and pigs wandering at large, and F. G. Cradock was fined 5s and costs for one horse. Civil Case. —Hopkins v. Greaves, claim £2 19s 6d. Judgment for plaintiff by default.