Resident Magistrate's Courts.

Lake Wakatip Mail, Issue 1832, 14 August 1891, Page 3

Resident Magistrate's Courts.

QUEENSTOSVN, AUGUST, 10th, 1891. (Before J. N. Wood, Es'j., R.M.) The case of Reid and Downy was adjourned for two months C. Constable v. J. Marsh, Cromwell, claim for £3 8s 9d. In this case the evidence of {defendant, had been takeu at Cromwell. Mr Turton for defendant pleaded not indebted, Plaintiff in person stated that, goods as set forth had been ordered by defeudaut through the driver of the coach, Craig, who also took down the orders. PlantifTa account book also showed that previously fish etc, had been obtained. Plantiff had an agent named M'Cnllock, in Cromwell, but he was not agent at the time of defendant's dealing. Plaintiff was under the impression Craig would have stopped and then he con Id have proved the orders were given. The evidence of defendant was then read who denied all knowledge of ordering oysters etc, but some came by the coach which ha.l to be thrown away. Defendant hid also advanced £2 to plaintiff and also sold him 19s 6d worths of goods.

The Bunch considered that, plaintiff hail failed to prove his rase, ami would therefore give judgment for defendant with costs 25s 61.

J. Wenkheim v. H. M'Kinnon. —Claim for £2 15s amount of dishonored promissory note. Judgment was given for amount claimed, with costs, 14s. W. Peterson v. N.Z. Loan and Mercantile Co.— Mr Finn appeared tor plaintiff and Mr Turton for defendant. This case soon after commencement, was, by consent, held over until the afternoon, v hen—the parties having arrived at an amicable settlement—the case was withdrawn by consent.

.ARROWTOWN AUGUST 12, 1891. (Before J. N. Wood, Esq., R.M.) Fish-Poachimg, James Lin wood was brought before the R.M. on Wednesday charged, on the information of Constable Wake, with (1) having, on the 9th instwt, taken two trout from Hayes Creek ; (2) with unlawfully having two trout in his possession, and (3) with fishing without a license. Lin wood pleaded guilty to the three charges and was fined <>n the first charge 40s ; costs, 7s ; professional fee, 21s : £3 8s ; on the second chaig", £3 8s (the third charge being dismissed), in default, on each charge, 14 days' imprisonment in Arrow gaol, the term to be cumulative.

Daniel Shanahan was charged on similar informatirh (I) with having taken two fish from Hayes Creek and (2) will) tishing without a license. Shanahan pleaded guilty to both changes. Mr Tnrton appeared for the prosecution ami submitted that the were very grave ones and asked that substantial fines be inflicted as, by only nominal fines, it would pay poachers to run the risk and pay the fine. He drew his Worship's at tention to the four fish which were produced in e\idencd —weighing in all 461bs. His Worship, 111 giving his decision, stated that taking the trout from the creek was a robbery, and he spoke very strongly on the matter and fined accused 40s ; costs of court,, 7s ; professional fee, 21s ; £3 Ss ; or iu default 14 lays imprisonment The fines were, in the course of the day, paid. John M'Arthur was similarly charged (1) with haviiiL' two trout in his possession on the Bth August, 1891, to which he pleaded guiltv. Mr Tnrton prosecuted. Mr Finn defended and nude a strong aopeal to tlie Bench on behalf ot the accused who. he said, was a p"or man with asi :k wife. Cotniijt 1 denied ihat the accuse ! took the fish from the ce- k, buthe found them on his safe an 1, naturally, tne.l them. Accused was fined 40s ; c 'Sts, 13s ; witness. IH. and 14 days allowed to pay the fine iu ; iu default 14 days' imprisonment. Constable Bow man, on being appealed to as to the means of accused, stated that there were plenty of sympathisers iu court who would soon find the money.

Sunrise Lease G.M. Co. v. D. Wilcoek.—Claim £'2o 16s 8d for calls due. Defendant confessed owing the money and judgment was given for amount claimed with c >sts, £3 Bs. W. Sco'es v. G. Stoldart. —Claim for £6, for 4 weeks' n-i.t of Biilaiat Hotel. Defendant put in a set-otf of £1 4s and paid into Court £4 Ids. Judgment for £1 4s in addition to amount paid into court; costs, 13; professional be, 10s 6d. Same v. Same. —Claim for £3 17s, being four weeks' proportion of license. Verdict for pi dntiff. Costs of couit, 16s 6-1 ; professional fee, 10s fid. Same v. Same. —Claim for £lO, damage done to Ballarat Hotel. After a considerable time had been taken up by the examination of some 8 witnesses, judgment was given for plaiutitf lor Is 6d ; eacii side to pay their own cojts. H. Dyson v. J. Shepherd.—Claim for £'2o Is 61, for board, lodging, etc. —.Judgment for amount with costs, £1 10s; profesvioual fee, £i Is. In the adjourned case Wheeler v. M'Bride (judgment reserved from last month) the magistrate after delivering a portion of bis judgment, agreed at request of Mr Tnrton, counsel for the defence to enter up a nonsuit. It will be rem inhered that this was an action for mismanagement of a threshing machine by the defendant while threshing the plaintiffs wheat.