RESIDENT MAGISTRATES' COURT.

Marlborough Express, Volume XVI, Issue 136, 13 June 1881, Page 2

RESIDENT MAGISTRATES' COURT.

MONDAY, June 13. (Before H. Hclntire, Esq., E.M.) JUDGMENT. In the case of Earll and McEenzie v. W. Clark, which was au action io recover a debt incurrrd by the defendant's wife, the R.M. delivered judgment. He could not say he had any great difficulty m dealing with the matter. The evideuce disclosed that m consequence of the conduct of the husband the wife had been obliged to leave her husband's residence, and remained living apart from him with bis approbation and consent. It appeared, farther, that no allowance had been made Mrs Clark. It, therefore, only remained for him to determine if the articles m the bill o .particulars were necessaries that was, to a person m the state of life of Mrs Clark. He could not hold that the wife of the pynptietor of a leading hotel m Blenheim should be placed on the level of a mere laboring person. Under these circumstances he did not think that either a rent of 15s a week or the other items claimed for were unreasonable ; and he consequently gave judgment for the plaintiffs for the amount claimed, with costs, £2 18s. Mr Sinclair asked the Court whether it considered that thejdefendant's wife was able to earn her own living, m order that he might advise his client what course to take. The R.M. declined to pronounce any opinion. Mr Sinclair pointed ont that His Worship had said that had the case been that of a laboring man and his wife, the ability or Viability of the wife to earn her own living, would have some influence on the decision. In this country he thought that all men were equal, and that we all were working men. The E.M. said he could not hold with that, and must decline to give a finding as to Mrs Clark's ability or inability to earn her own living. DOO CASE. Ihaka Tekaleka was charged on the information of Hfinry Cook, Dog Tax collector to cbe Picton Road Board with keeping a dog of a greater age than 14 days without causing it to be registered. Mr McNab appeared for the plaintiff, and Mr Sinclair for the defendant. From the evidence it appeared that an impression was abroad amongst the Maoris tb at they were Dot liable for Dog Tax, and the present was m consequence made a test case. The evidence of Captain Cook having been taken the E.M. gave judgment for the plaintiff, bat refused to allow bis costs. O. STEVENSON V. R. KCEBNAN. Claim LI 10s. Judgment for the plaintiff by default. H. G. BELL V. C. FLEMING. Adjourned for a week. The Court then rose.