LAW AND POLICE.

New Zealand Herald, Volume XXVIII, Issue 8483, 6 February 1891, Page 3

LAW AND POLICE.

R.M. COURT.—Thursday. [Before Dr. Giles, R.M.] ; <■' , Louis de Brabakdere v. a. M. Si Laino. —This was ran action for damages for wrongful seizure of cattle. The plaintiff was the successful claimant in an interpleader case, in which the defendant, as execution creditor, had directed the bailiff to seize certain bullocks, believed to be the property of the execution debtor, bub to which the presenb plaintiff established a preferable claim. The amount claimed was £5. Mr. F. E. Bau roe (for Dr. Laishley) appeared for the plaintiff and Mr. Johnston for the defendant.. The case was heard on the 17th Jan. Dr. Giles gave judgment at considerable length, reviewing the authorities up to the presenb date; and held that the plaintiff was entitled to judgment, inasmuch as by the Resident Magistrate's Act, 1867, he was not barred from bringing a claim for damages subsequently to having brought a claim for goods interpleaded. On the occasion of the interpleader claim being heard no claim for damages was included, and the question was whether the claimant, not having then included the claim for damages in his claim for the goods, could now claim damages in a subsequent action. His Worship held that he could, and therefore, gave judgment for the plaintiff for 40s and costs. _ Undefended Cases.—Judgmenb was given for - the plaintiffs in the following undefended erases Adam Millar and Robt. Hardy v. George Austin, claim 15s 6d, costs 6s; W. R. Cook v. Matilda Lundon, claim £4 17s, costs 9s ; W. R. Cook v. John Lundon, claim £12 17s Gd, costs 9s ; Civil Service Supply Association v. J. A. Brain, claim 15s 2d, costs 9s ; Francis Rowe v. Patrick-J. Lennan, claim £'20 6s lOd, costs £3 3s; Kauri Timber Company v. Charles Cowan, claim £44 13s sd, costs £0 '2s ; Civil Service Supply Association v. M. A. Purchas, claim £1 Is Id, costs 9s ; Civil Service Supply Association v. Charles Cowan, claim £14 6s 7d, costs £3 10s ; Civil Service Supply Association v. C. M. Buckworth, claim £2 18s 3d, costs 173 6d; Waitemata County Council v. Lucas S. Maxwell, claim £3 3s 7d (balance. due), costs 13s; Waitematia County Council v. C. H. Prince, claim £3 ' 4s Id, costs 93 ; A. Wright v. R. J. Poivley, claim £6 15s 6d, costs £1 os ; C. F. Andrews v. R. Mills, claim £5 10s, costs 25s ; W. Hooker v. Hayden Smith, claim £10 3a 9d, costs £2 2s; Waitemata County Council v. Patrick Melaven, claim £6 ss, costs 13s ; D. Jackson v. M. Simmonds, claim ISs, costs Cs; James Patten v. J. W. O'Brien, claim £6 14s lOd, costs £1 ss; Robert Stow v. Charles Bowden, claim £1, costs 6s ; A. W. Jones v. A. C. Ward, claim £6 Bs, costs 10s ; A. Millar and Robert Hardy v. Joseph Edwards, ' claim £2 7s 6d, • costs 16s 6d; Adam Millar and Robert Hardy v. F. Freeman, claim £2 8s 6d, costs, 16s 6d ; Porter and Co. v. South Kapanga G.M. Co., claim £33 19s lid, costs £3 12s. Tenement Summons.—New Zealand and River Plate Land Mortgage Co. (Limited), v. G. N. Brassey. Mr. C. Buddie for the Buddie for the plaintiff, and Mr. O'Meagher for the defendant. The defendant, by consent, was ordered to give up possession at the end of the month and to pay rent due. 1 ■

Jas. Sticiibuuy v. Wji. Adams.—Claim £20 for damage done to plaintiffs goods. The greater part of the evidence had been heard on previous occasions. Mr. Theo. Cooper appeared for the plaintiff, and Dr. Laishley for the defendant. After hearing the remainder of the evidence, the case was adjourned until next day.

POLICE COURT. —Thursday. [Before Messrs. S. Y. Collins and M. Niccol, J.P.'s.] Drunkknness.—Robert Leary and Elizabeth Best were fined 10s and costs each, or in default forty-eight hours' imprisonment. Alleged False Pretences. — Francis Arthur Watson was charged with obtaining of and from Carl Kohn, on December-9, one gold watch and chain valued at £26 10s, and one diamond and sapphire bangle valued at £.'$U, the property of H. Kohn, with intent to cheat and defraud. Mr. S. Hesketh appeared for the prosecution and Mr. Napier for the defendant. Mr. Napier said the defendant had explained the matter to the satisfaction of the prosecution, and asked to have the charge withdrawn. Ho stated that accused had obtained the goods in question by means of a valueless cheque. Accused was allowed to overdraw his account to a certain amount at his bank, and had exceeded this amount when ho presented the cheque to Mr. Kohn. Accused had presented the cheque, not knowing how much ho had overdrawn his account. There was no felonious intent on the part of the accused. Mr. Hesketh consented to tho case being withdrawn, and it was accordingly stuck out by the bench. Obscene Language.—Ellen Lawson alias M oiler was charged with using obscene language in Albert-street, on January 3. Mr. O'Meagher . appeared for tho defendant, who pleaded not guilty to the charge. After hearing the evidence in the case, the Bench considered that bad language had been used, and sentenced accused to four hours' imprisonment in the lock-up, being loth to send the prisoner to gaol.