Article image
Article image
Article image
Article image
Article image
Article image

Local Intelligence. RESIDENT MAGISTRATE'S COURT. WEDNESDAY, MARCH 27.

[Before J. Poynteb, Esq., Resident Magistrate.] The Naval Brigade v. Carter, for the amount of lines inflicted for not attending parade. Mr. Tbavebs appeared for the defendant. Mr. Akersten, the captain, produced the rules and minute-book of the Company. James Bell Calder, being worn, said : lam a mem* ber of the Naval Brigade. A Court of Appeal w«« appointed by th# Company, of which I wa» on on»

. occasion a member. Defendant had an opportunity of appealing against his fines, but he declined to do co. I was fined, and appealed to the Court, who remitted a part of my fine. The captain was fined, but no portion of his fine was remitted. The Company agret d that non-commissioned officers should be fined 2s. 6d. when absent from drill. Defendant was a non-commissioned officer. The Resident Magisxbate : At what hour were you to parade ? Mr. Akersten : The hour of parade appointed in our rules, and approved by the Governor, was subsequently altered at the request of, and in fact by, the Company. i Mr. Travebs: And that alteration not having been submit ted for the Governor's approval, had, I contend, no legal effect. I therefore submit that defendant cannot be fined for not attending to the requirements of an alteration in a rule or by-law which had not received the Governor's approval. The Resident Magistbate : It appears to me that the ruled for the guidance of the Naval Brigade were certainly not drawn out co clearly as those of the Nos. 1 and 2 Companies of Volunteers. I would suggest that it would be better to dissolve the Company, and then have a new set of rules. Mr. Akersten : No ; I will not do that ; but for the future I will see that the members of the Company meet at the time stated in our approved rules. Mr. Travers : Mr. Akersten makes a mistake as to his position. He is captain of the Company, it is true ; but it is surely not his place, as a captain of Volunteers, to compel the men under him, by any arbitrary decision of his, to attend parade at an inconvenient time, and thereby induce them to break up the Company at the expiration of their year'a enlistment. The Resident Magistbate : I think you had better withdraw the summons Mr. Akersten. Mr. Akersten: It that be done the effect will be that we shall have no attendance at drill. Mr. Travers says I am arbitrary, but I say that there ia nothing arbitrary on my part, the Company made the rules and ought to abide by them. The Resident Magistbate : What Mr. Travers has stated was simply as an advocate in the case. The summons was then withdrawn. Taylor and Blythe p. Hudson, for a promissory note for £11 ss. 9d., endorsed by the defendant as security for a person who had borrowed from the Odd Fellows' Society. Defendant : I admit having endorsed the bill, but wish to know if I am liable for the whole amount. The Resident Magistbate : Certainly you are. Judgment for the plaintiffs with costs, payable in one month. Bury v. Reynolds, for £4, 6s. lid., for instruction given to Miss Reynolds. Mr. Tbavebs appeared for the plaintiff, defendant did not appear. Judgment for the plaintiff with costs. Hurley v. Bittles, for £8 for board and lodging. Defendant put in a set-off for £11 sb. 4d. for beer, money lent, &c. Mr. Adams appeared for the plaintiff, Mr. TbaTSBS for the defendant. Judgment for the plaintiff for £5 155., and costs. Forraan v. Pierce, for £1 14 a. 6d. for goods supplied. Defendant did not appear. Judgment for the plaintiff, with costs. Hough v. Christina Frank and William Fox, for £4 for an overdue joint acceptance. The defendants admitted the debt, and paid £2 into Court. Judgment for the plaintiff, with costs. Morrison v. Thorburn, for £20, being balance of an account. Mr. Stamper appeared for the plaintiff; defendant did not appear. Judgment for the plaintiff, with costs. Langford v. Drew, for £1 9s. 2d. for goods tupplied. Judgment for the plaintiff, by consent. Trustees of Langford's estate r. Harding, for £20, for goods supplied. Defendant did not appear. Judgment for the plaintiff, with costs.

This article text was automatically generated and may include errors. View the full page to see article in its original form.
Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/NENZC18610330.2.7

Bibliographic details

Nelson Examiner and New Zealand Chronicle, Volume XX, Issue 28, 30 March 1861, Page 2

Word Count
713

Local Intelligence. RESIDENT MAGISTRATE'S COURT. WEDNESDAY, MARCH 27. Nelson Examiner and New Zealand Chronicle, Volume XX, Issue 28, 30 March 1861, Page 2

Local Intelligence. RESIDENT MAGISTRATE'S COURT. WEDNESDAY, MARCH 27. Nelson Examiner and New Zealand Chronicle, Volume XX, Issue 28, 30 March 1861, Page 2