RESIDENT MAGISTRATE'S COURT.

New Zealand Mail, Issue 956, 27 June 1890, Page 21

RESIDENT MAGISTRATE'S COURT.

Mr H. W. Robinson, R.M., presided at yesterday week’s sitting of the Court., A first offender, charged with drunkenness, was discharged with a caution. His Worship dismissed a case in which Mrs K. Bresnan charged Mrs Barbara Gray with the theft of a fowl. It appears tho complainant had recovered one fowl from the defendant on Wednesday under a search warrant, and while on defendant’s premises she recognised another fowl belonging to her, and she now charged Mrs Gray with stealing it. The defendant swore that the hen was one; of her own rearing, and succeeded in proving that she was the rightful owner. This was all the business of the sitting. Mr Wilson Littlejohn, Mayor of the recently-formed borough of Onalow, took his seat for the first time on the Bench at the Resident Magistrate’s Court on Saturday. The young woman Emily Brooks, who was arrested by Detective Campbell on Saturday, on a warrant isssued at Dunedin, charging her with stealing three Jubilee sovereigns, some silver coins, and a cheque for £3, the property of Mr J. Gilks, was brought up at the Magistrate s Court on Mondav, before Mr H. W. Robinson, R.M., and charged with the offence. Detective Kirby explained that the accused arrived in town last Thursday and went to a situation in Cuba street, where she was arrested. The officer explained that the complainant was the accused’s grandfather, who charged her with the theft. As the warrant had not arrived from Dunedin he would ask for a remand till the 30th instant, on the understanding that if the warrant arrived before that date she was to be again brought up. His Worship granted the remand. Mr H. W. Robinson, R. M., gave a decision in the Magistrate’s C-onrS on Monday in a case in which a brewer sued the licensee of a suburban hotel on a liquor account, A nonsuit was applied for, ou the ground that the defendant, being in partnership, ougat to have been joined in the plaint. It was argued in support of this that section 22 of

the Resident Magistrate’s AcfC, which provides that one of two or more peraoils jointly indebted may be sued alone, although the other oo debtors are not either sued or served, cannot apply to that form of joint liability which arises from the relation. of partners, because partners are not joint debtors in the ordinary sense of the word, bub have a separate partnership estate primarily liable to satisfy tile partnership liabilities before the private estate of the partners can be resorted to. After some further remarks, Mr Robinson gave judgment for t tie plaintiff, with costs. Mr Brown appeared for the plaintiff, and Mr Menteath for the defendant.

In the case of Waddell, McLeod and Weir against Toomatb, heard on Monday, a very peculiar point arose. At the conclusion of tho defendant’s evidence, Mr Brown, for the plaintiffs,; asked leave to call rebutting testimony, but his Worship, after a long argument, refused the application, and said judgment must go for the defendant. Mr Brown thereupon said he would elect to take a nonsuit, and this was strongly opposed by Mr Haselden, counsel for defendant, who urged it was too late, after judgment delivered, for plaintiff to elect to be nonsuited. Eventually Mr Robinson said he would defer deciding whether the plain, tiffs should be nonsuited or judgment go for defendant In either event Costs would be allowed defendant, £3 3s. Before Mr £J. W. Robinson, R.M., and Messrs T. G. Maearthy and W. Littlejohn, Justices, a fireman belonging to the R.M.S. Rimutaka, named W. V. Hurbuck, was fined 5s for beiug drunk, and another 5s for committing wiifnl damage to several glasses in the Pier Hotel. He was also ordered to pay 5s as the amount of damage to Mr Bertie’s property, or in default 24 hours’ imprisonment on each offence. The young woman Emily Cook, who was arrested a few days ago on a warrant issued atDunediD, charging her with tho theft of some money belonging to her grandfather, was released from custody. Detective Kirby stated tbat the Dunedin police had telegraphed that the girl’s grandfather had declined to proceed with the case. The little lad William James, who admitted breaking into the shop of Mr John Collins, of Wordsworth street, wan sent 'to tho Burnham Industiial School. The lad’s father was ordered to contribute 5s per week towards his sou’s maintenance. M. Fraser appeared ou a charge oE obstructing traffic. It appears that Fraser, who is not a licensed carrier, fi led his express with a number of young lads on Saturday night, and drove from Newtown into town in frout of a tram car, and stopped his express in front of the car. After hearing evidence in support of the charge, a fine of 10s and 9s costs wsb imposed ; in default distress, or 43 hours’ imprisonment. This was all the business of the sitting.