RESIDENT MAGISTRATE’S COURT.

New Zealand Mail, Issue 999, 24 April 1891, Page 27

RESIDENT MAGISTRATE’S COURT.

The following undefended civil cases were heard at the Magistrate’s Court last week, and judgment given for the plaintiffs : Preston and Co. v. J. Golder, claim £6 18s 6s, with coßts £1; witnesses expenses £1 10s, solicitor’s fee £1 Is. Wellington City Corporation v. Graoß Harper, claim £2 8s Id; costs 6s. Jason Harmer v. James Wilkinson, claim £l2 12s 7d ; costs 21s, and solicitor’s fee, 21s. Mr Graham, R.M., was on the bench. At the Magistrate’s Court on Friday, a Mrs Woolley applied for an order against W. Davidson for the maintenance of his mother. Applicant Btated that a previous order had been made against the man, but he had failed to comply, and was in arrears? to the amount of £3 4s 6d. Mr Graham,

R.M., made an order against the man for the payment of arrears wit.iin one month, or in default sentenced him to one month’s imprisonment. In the case of Stevenson v. Stevenson, his Worship made an order against the defendant under the Married Woman's Property Protection Act. 1 At the Magistrate’s C :urt on Friday, before Mr Graham, R.M., Henry Gilbert was charged with assaulting a young man named William Shannon. He plea led provocation. Mr Jelliooe appeared for the prosecution, aud called Sh/mnon, who deposed that as he was going to work on Wednesday morning he met the accused, who struck him in the face- Accused struck him once and said, “ That will teach you to train to fight me.” Witness atruob him back. In reply to the accused the witness stated he had fought with him for 10 minutes. Accused went into the box and owned to having struck the complainant, but. excused himself on the plea that he had heard he was train ing for him. Mr Graham* fined accused 40s, or in default one week’s imprisonment. The defended caße of Truebridge and Reich v. Ramari Kaki, a claim of £l9 11a 6d for commission for obtaining monetary advances on certain property, was heard at the Magistrate’s Court on Friday before Mr Graham, R.M. Mr Gray appeared for the plaintiffs, and Mr Jelliooe for the defendant. Judgment was given for the plaintifis for £lO 16s 6d, with £2 2a costs. The several charges of false pretences brought by F. W. Cottrell against James F. and R. O’H. Ross were on Friday, by mutual consent, adjourned to May 15th. John Ruby, who appeared in Court with a fearfully lacerated face, was charged before Mr Graham, R.M., on Friday, with drunkenness. The Magistrate thought the accused wanted careful looking after on account of his injuries, so fined him £3, or in default sentenced him to seven days’ incarceration. At the Magistrate’s Couft on Friday, by Mr Graham, R.M., Alfred Devine was, on the application of his wife, Mary Jane Devine, ordered to pay 35s per week (20s for the wife and os each for the three children] maintenance. The wife deposed that her husband vra3 in regular employment, aud earning 50s to 60s per week, bat he naglected to provide for her. Mr Skerrett appaared for the applicant. Mr E. Richardson, J.P., presided at the sitting of the Resident Magistrate’s Court on Saturday morning. The only cases set down for hearing were three charges against a cab proprietor named J. Lane of having used abusive language to J. L. _ Webber on the Queen’s Wharf on the 9th instant, but neither of the parties appeared, and the cases were therefore dismissed. Mr W. H, Robinson, R.M., who had bsen presiding at the sittings of the District Court, returned from Masterton on Saturday morning. Only two cases came before the Court. In the libel case Anderson v. Johnson, the jury returned a verdict for the plaintiff for one farthing as damages. The defendant was also ordered to pay costs amounting to £13.The case of Rohde v. Alpass, a claim of £9S in connection with a timber contract, wa3 partially heard, and then adjourned until the 20th inst. At the Court on Monday, before Mr Robinson, R.M., Charles Smith was fined ss, or in default, sentenced to 12 hours’ imprisonment, on a charge of drunkenness. „ . . The Resident Magistrate (Vlr Robinson) gave judgment for the defendant on Monday in the case of Mrs Barnes v. C. F. Richmond, a claim of £lO on account of damage alleged to have been done to. furniture and effects, which were seized by the bailiffs and put into the street at the instance of the defendant in his capacity as owner of a certain house occupied by the plaintiff. The young man Henry Bender, who was remanded on Monday by the Resident Magistrate for medical examination, appeared before the Court again on Tuesday,and was charged by his father with wilfully destroying a sofa and breaking a pane ol window glass. The Bench decided to bind the accused over to keep the peace for six months in his own recognisance of £2O, and two sureties of £lO eaoh. At the Court on Tuesday four young men appeared on summons to answer a charge of trespassing on the property of Robart Bold, farmer, of Johnsonville. Mr Haßelden appeared on behalf of the informant, and Mr Brown for the defendants. After hearing the evidence their Worships dismissed the case. Messrs J. R. Blair, J. G. W. Aitken and W. Littlejohn were the presiding Justices. At the Court on Monday the following undefended cases were heard by Mr Robinson, R.M., and judgment given for the plaintiffs for the amounts mentioned : S. Cimino v. Lieutenant-Colonel Butts, claim £lO, costs 12s, and solicitor’s fee, 21s ; W. Burbidge v. Harewood, claim 15s 6d ; costs, 6s ; James Catteli v. Hoani te Toru Rangitokaiwaho, claim £ls 2s 7-1, costs 21s, and solicitor’s fee, 21s ; Noble Campbell and Co. v. C. V. Furrie, claim £5 10s 9d, costs I Is; John Duthie and Co. v. Charles A. Wilkinson, claim £32 16a 3d, costs £1 16s; Castendyk and Focke v. W. G. Emeny, claim £ls Is, coats 20a ; Simon Scott v. J. Robinson, claim £5 2a, costa 10s, and solicitor’s fee 21a ; Francis MLoran v. Peter Ryan, claim £6, coats 10a ; John Pattinson v. John Crease, claim £2 12s. In thia case there wbb no appearanoe of the debtor, and the Resident Magistrate made an order that the debtor pay the sum claimed by instalments, viz., 10a on April 27th, and 10 s every sueseeding Monday till all is paid, together with oasts 12s. The whole of Monday afternoon at the Court was oocupied by the hearing of the case of Brithing and Brithing v. Homard, in which the sum of £3O is claimed by the plaintiffs for damageß through the defendant having failed to carry out an agreement to sell the yacht “_Fpam.” Mr Treadwell appeared for the plaintiffs, and Mr Menteath for the defendant. The facts, as Btated by the plaintiffs, are that on Friday, the 20th of February, the defendant agreed to sell the yacht “Foam” to them for £l6 on the following terms, viz : £6 cash down, and £1 per week till the balance was paid off, the defendant to have a bailment over the boat pending the complete carrying out of the agreement. It was stated by the plaintiffs in evidence that Mr Hewson, a commission agent, was instructed by both

parties to draw up the agreement (or bailment), which was to be signed that same night, and as the £6 in cash was paid down, the defendant gave the plaintiffs leave to take immediate possession. This the plaintiffs did, and took the boat over to Lowry Bay for a cargo of sand and firewood which they had contracted for. Whilst over at Lowry Bay two fishermen oame and demanded the boat, stating that Howard the defendant had told them to say that if it was not afc once given up he would sue Brithing for stealing the yacht. Bnth ng therefore gave up possession and walked into town, having left a quantity of his personal property on board. The dama-es claimed were in respect to the plaintiff’s loss entailed through failing to deliver their cargo of sand and firewood (£9), loss of private property left on board (£1 10;), and loss of contract for carrying a cargo of po,t3 and rails to Terawhiti (£11), besides valuo of two men’s work in cleaning and repairing yacht. The evidence of the two plaintiffs and that of Mr G. M. Hewson was taken, and the case was then adjourred by Mr Robinson, the Resident Magistrate, to April 23rd. ttct j j At the Magistrate’s Court on Wednesday, before Messrs Littlejohn and Simpson, William Bradley was charged with steaHug a 4ft rule, valued 4s 61, the property of J. B. Topp. After hearing the evidence, the Bench dismissed the. case. A charge of assault by William Ryan against R. W. Patterson wa3 dismissed, neither party appeariog. At the Magistrate’s Court on Wednesday Robert Hickliug was fined ss, and ordered to pay 9s costs, for having ft load exceeding 2£ tons (gross) upon his cart on the Queen s Wharf on April 11. Oa the information of the Inspector of Nuisances John Kilmartin was charged with a breach of the by-laws ia having permitted nightsoil to remain in the backyard of his premises in Haining street on the 14th inst. He pleaded guilty and was fined Is with 7s costs. Messrs W. Littlejohn and R. M. Simpson, J.P.’s, were on the Bench. At the Resident Magistrate’s Court at the Hntt Wednesday, before Messrs Jackson and Fitzherbert, J.P.’a, James Doaherty was fined £2 aud costs for driving at night without lamps. Ou another charge, using obscene language, he was sentenced to seven days imprisonment. At the same sitting G. H. Farquharson was charged with having un lawfully loft a dead horse on the main road at Petoue, and thereby endangering the public traffio. Evidenoe having been taken the Bench dismissed the case. Mr E. P. Bunny appeared for the defendant.

(PER PRESS ASSOCIATION.) Auckland, April 22. A peculiar case has been beard at the Onehunga Resident Magistrate’s Court. An ex-Couucillor of the Borough. J. J. Austin, sued Adam Jones, undertaker, for having interred a body in the new cemetery. This land is within the borough, and a Bill was passed by the House of Representatives providing that any land situated within a borough and not then used as a cemetery must not be devoted to that purpose. At that time, however, the ground was being prepared for use as a burial plaoe, and it was at length opened, and nine or ten interments took place. There was some strong feeling against the scheme, and thia had its outcome in the present action. The case was dismissed.