LAW AND POLICE.

New Zealand Herald, Volume XII, Issue 4291, 14 August 1875, Page 2 (Supplement)

LAW AND POLICE.

DISTRICT COURT.—Friday. [Before F. D. Kenton, Acting Judge.] Kelly v. Gibbons. —This was an action to recover £90 on account of wages. The defendant pleaded that the plaintiff received ont of his store goods to the amount of £107. The defendant abandoned all over £100. A lengthened argmment was heard on the last day of hearing, and time was given to amend tho particulars of set-off. The whole defence was upon the set-off, which consisted of goods of all sorts—clothing, tobacco, sundries, —all alleged to have been had from the defendant's storemcu. Upon the particulars of set-off being proved, counsel were heard, and his Worship deferred judgment until next Court-day. Bentley v. White, sen.—This was an action brought to recover the sum of £25, for damage alleged to have been done to a fence belonging to the plaintiff, by reason of defendant training off some bush land adjacent to plaintiff's property in the Bombay Settlement. Mr. W. L. Rees appeared for the plaintiff, and Mr. James Russell for the defendant. The case, which commenced at half-past six o'clock, contained no feature of interest. Judgment was gjven for tho plaintiff for £2. Costs not certified. The Court rose at twenty minutes to 11 p.m. ♦ RESIDENT MAGISTRATE'S COURT.— Friday. [Before F. D. Fenton, Esq., R.M.] The ordinary weekly sitting of this Court for determining small debt claims was held to-day, and the following business disposed of: — Ryan and Bell v. Reichaudet.—Mr. Kissling appeared for tho plaintiff, and Mr. Heaketh for the defendant. This was an action to recover £12 upon an account stated. The facts of the caBO are the following :— The plaintiffs arc commission agents in Auckland, and tho defendant proprietor of a hotel called tho " Mountain Homo Hotel," at CoromandeL Tho plaintiffs sold to tho defendant the business of tho hotel and the premises, which were previously held by a person named Daniel Ryan (not connected •with the firm in any way), and some negotiation took place as to tho price to be given for the furniture on the premises. Tho previous tenant (Ryan) owed the firm of Ryan and Bell £*8, and gave up the premises ai.il [uiiiituro

to tho plaintiffs to prevent his being distrained upon for rent When they gave possession to the defendant, according to their statement they sold her the stock and furniture. The former tenant, however, would not give a transfer of licence until Madame Reichardet gave up or paid for tho furniture to him. She paid for the stock, and paid Ryan for furniture received from him. Tho plaintiffs said they had instructed her not to pav for the furniture, as it belonged to them, and she would have to -pay twice if she paid Dan Ryan. The defendant that Bhe had agreed to pay for the stock according to valuation. Tho plaintiffs estimated the value of the furniture at £15, but the defendant said it was worth only £12, and they knocked £3 off. The defendant swore that she did not agree to take the furniture at that price, and pay tho plaintiffs £12 for the furniture. The furniture, when Bhe saw it, was not worth niaro than £4. In crossexamination she said she paid Dan Ryan £12 ! for the furniture, but part of this payment was a debt of £8, which that person owed her. Mrs. Anna Ryan was examined and said the furniture was left in tho house because money was due to Ryan, Bell and Co. Counsel having been heard, his Worship gave judgment for plaintiff for £12, with costs —£4 ss. ! POLICE COURT.— Friday. [Before F. L. Trimo (Mayor), and Dr. Home, Esq., J.P.] Drunkenness. —Three persons were punished for this offence. Breach of thf. Merchant Shitf-ino Act. —Robert Muniard was charged with wilful disobedenco of lawful commands on board the ship Lutterworth, on 12th inst. On tho charge being proved the prisoner was committed to prison for four weeks. Breach of the Naval Training School Act.—Robert Henry McEward a boy 13 years of age, was charged under this Act with being a neglected child. The Court ordered him to be sent to the Naval Training School for two years, and condemned the father in a sum of 5s per week for his maintenance. Foul Chimneys. -Mary Chinton and G. Graham were fined 2s 6d and costs for permitting their chimneys to catch fire, i Breach of Harbour Regulations.— James Butcher was charged under these regulations with not keeping possession of his horse's head, while going down Queenstreet wharf. Mr. J. B. Russell appeared for the complainant, and tho defendant was ' fined 5s and costs.—Daniel Slade pleaded guilty to a similar offence, and was fined the same sum. Breach of the Adulteration of Food Act, ISGC.—John Hogan was charged under tho 4th Clause of this Act, with selling an article of drink, to wit milk, which was adulterated. Inspector Brohara prosecuted. Mr. Laishley appeared for the defendant. The various documentary evidence having been put in, Mr. Broham called Constable Jackson, who proved purchasing, on the sth inst., a half-pint of milk from. George Grace, iu the employment of tho defendant. He informed the man that he intended having the milk analysed, and invited him to accompany him to the analyst's office, but the man declined going until he had served his customers. Witness took the milk to Mr. Tunny just as ho had received it. J. M. Tunny, Provincial Analyst, deposed that he had analysed the sample of milk brought to him by the last witness. The result of the analysis was that the sample was found to contain one-third water and two-thirds milk. George Grace corroborated Constable Jackson's evidence with reference to the purchase of tho milk. Mr. Laishley, for tho defence, raised a number of ingenious objections, and supported the same by arguments relative to the framing of the Act. The whole of the objections, however, were overruled by the Bench, who imposed a penalty of £5 and costs upon the defendant.—William Charles Campbell was charged with a similar offence. This case was adjourned until Tuesday next. Breach of the Licensing Act.—William M. Evans was charged nnder the Licensing Act with supplying alcoholic liquors to Peter Brewin and William Alexander, on Sunday, the Ist instant. In the absence of Mr. Hcsketh, who had been retained for the defence, the hearing of the case was adjourned until Saturday. This concluded the business. WARDEN'S COURT, GRAHAMSTOWN. Fkiday. (B.fore W. Fraser, Esq., Warden.] Thf. following applications for leases were disposed of :—Thislixem Claim, Tapu : Rcbinson, applicant, for 16 men's; no appearance. Case struck out. —Effort, Tairua, 17 men's ground : Applied for by D. G. Macdonald, W. J. Young, V. J. McCormick; application granted, to bo made out in the name of tho Midas Company.—Just-in-Time, Karaka, 3 men's ground : Applicant, W. S. Granville. Granted.—Lord Nelson, Karaka, 3 men's ground : Applicants, G Binney, G. Wilson, R. Ferris. Granted.—Star of the South, Tairua, 52 men's ground : Applicant, J. A. Chapman, for company. Granted.— Water Races : The application of J. B. Beeche was adjourned to Ist September ; and tho applications of Dakin, Miller, J. E. Macdouald, Wickbam, and Stewart were adjourned till 30th September.