R.M. COURT

New Zealand Mail, Issue 1107, 19 May 1893, Page 20

R.M. COURT

Mr fl. D. Crawford brought a number of cases in the Magistrate's Court yesterday week against persons for causing damage by trespassing ou his land in pursuit of game. Judgment was given against Thos. Hart and John Carswell for L 3 3s each, with costs,, and cases were settled against three other defendants. Mr C. Brandon, who appeared for Mr Crawford, stated that his client had been compelled to take these proceedings, as people took no notice of the warnings to trespassers, and one of his men had lately received injury to one of his eyes from a gunshot. The woman Annie Corbett came before Mr J. C. Martin, R.M., on Friday morning, on the charge of attempting to commit suicide by taking poison on the 9th ult. As it was shown that accused was drunk at the time sh« committed the offence, His Worship administered a severe caution, and discharged her on condition that she should leave the town, informing here that if found in Wellington after the 19 th instant she would be charged with yagMr J. C. Martin, R.M., presided at Friday's sitting of the Magistrate's Court. A •man named John Matteson, charged with entering the dwelling of Cecilia Johnson at Auckland, and stealing a blanket therefrom, was remanded to the northern city. David Hastie, charged with wilfully damaging two shillings' worth of yeast, the property of his, employer, D. A. Nooney, was ordered to pay 2s damage, a fine of ss, and 7s costs, or 24 hours' imprisonment in default. Louis Anderson was charged with assaulting Elizabeth Hazelwood, and agreed to be bound over in the sum of L 3 to keep the peace for six months;

In t the Magistrate's Court, on Friday morning a cab proprietor named Patrick Moloney, was charged on a summons with leaving his horses and cab without proper control on the 4th instant. It will be remembered that the horses took fright and bolttd from the cabstand in Lambton quay, and sustained a good deal of injury. The Resident Magistrate took into consideration the fact that one horse had been permanently injured, and that the cab had been greatly damaged, and inflicted the nominal penalty of Is, with 7s costs. Mr J. C. Martin, R . M., presided over Saturday's sitting of the Magistrate's Court. A man named John McKenzie, charged with stealing a pair of trouseiß from the shop of C. Smith, Cuba street, was fined ]os, with the option of 48 hours' imprisonment. Lorah Hamilton was charged on remand with

vagrancy. The accused did not appear, and as the police reported that they believed ahe had left the town, as warned, the charge was dismissed. A charge of assault preferred against Geo. Isaac Wilkins, of the Upper Hutt, farmer, by his wife, Mary Ann Wilkins, was adjourned until Friday, with a view to settlement. Mr Skerrett appeared for the informant; afid Mr Wilford for the defendant. * Mr J. C. Martin, R.M., presided at Monday's Bitting of the Magistrate's Court. Three first offending inebriates, including one female, were fined 5s each, with the usual alternative ; for similar offences an old offender named Hy. McCormach w"as sent to gaol for_ 21 days without the option of a fine, and Julia Sparks, also a well-known figure at the Court, was fined 4(K with the alternative of seven days' hard labour. A man named John Walsh was charged with stealing an overcoat, valued at L2 10s, the property of Edward Norris, oh the 11th inst. He pleaded guilty, saying that he was driven to commit the offence by reason of his poverty and inability to obtain work. His Worship sentenced him to 14 days' hard labour, and ordered the coat to be returned to Mr Norris. Mr Metz, pawnbroker, at whose establishment Walsh had sold the coat for 16s, asked thaWhe sum of 4s, found on the prisoner, should be handed over to him, as it was undoubtedly a portion of the proceeds of the sale. His Worship refused the application, saying that he had no power to make such an order. Owen Higgins was charged with assaulting' Charles Olsen, and robbing him of L2, on the 12 h inst, under circumstances already narrated. Mr Hindmarsh, who appeared for the defence, applied for a remand till Friday next,-~wbjch was granted, bail being fixed at two sureties of Ll 5 each and a personal bond of a similar amount.

A civil case of some interest to employers was heard in the Magistrate's Court on Monday afternoon, when Mrs Julia Barrett sued Mr Joseph Donnelly, Jicensee of the Club Hotel, Maryborough, for L2 8s fid. balance of wages due, a week's wages due in lieu of notice, and ttavelling expeiwesi Mr Martin appeared for the plaintiff, and Mr Haselden for the defendant, The evidence showed that the plaintiff was engased by a Wellington labour agency as cook for Mr Donnelly, with whom she stayed a fortnight only, being summarily discharged by defendant at the end of that'period. For the defence it was alleged that afterbeing a week in the hotel plaintiff was frequently in a state of intoxication, and that on one occasion she had to be helped up to bed, which. Mr Haselden contended, fully justified defendant in 'discharging her. Mr Martin, R.M.. upheld this contention, and among other authorities, quoted the Licensing Act, under which he pointed but that the defendant was liable to a fine of L2O for allowing the woman to be drunk upon his premises. Judgment would be for the defendant, with L2 10s 6d co3ts. A' man named Henry James Mead was charged in the. Magistrate's Court on Tuesday morning with failing to register the birth of his child within the prescribed s period. Mr Jellicoe appeared for the defendant. Mr Wyatt, Registrar of Births, said the mother of the child came to register it, but as it' was then too late for registration without, a conviction, he. had to take the present proceedings. Mr Martin, R.M., said it was impossible for him to convict on such evidence as that, and suggested that in future the Registrar should consult the Grown officers before bringing any similar cases into Court. The case would be dismisfed. ~ THE ABSENTEE TAX. The Resident Magistrate was ocauplad for some time on Monday afternoon in hearing a case in whioh the Commissioner of Taxes sued the Rev '3.0. Andrews, of lea Station, Masterton. for the sum of £33 7s 9d, due as absentee tax, and for £3 6s 9d, intereit on the foregoing amount at the rate of 10 per cent, on 14,890 aores of land in the Oero Distriot, Hawke's Bay, the property of Robert Curling, of London, for whom the defendant is Agent. Mr Gully appeared for the L'nl and Income Tax Department, and Mr Andrew, jun , for tho defendant. A statement of defence was pit* in by the defendant, in which he denied . that he or Robert Carling were absentees within tho meaning of the Act, and affirmed that h<s (lefendant) had been resident within the Colony for the period required by the Act ; and that if Curling was an absentee withii, the meaning of the Aot it only ap'»'i« ' f/1 absentees who resided out of tho 00l ">y for a period of three years, and had oot left an agent to represent them in the Colony. The defendant, examined by Mr Gnlly, sai t he was the agent for Robert Curling, who resided In London. Witness had been acting as attorney for him ever since 186 S, and had been in correspondence with him during that time. So far as he knew, there had been nothing to lead him to suppose that during the last three years Carling had been a resident in London.

By Mr Andrews, jun. : Daring the intervals between whioh he had heard from Curling It would have been quite possible for bim to have visited the Colony, and he could not swear Curling had not done so. Mr Andrew, Jan., for the defence, contended that under seotion 17, subsection 3 of the Act, the agent was to be assessed and chargeable with the tax ; that under section 11 of the Amendment Aot of last year the definition of 'owner' Inoluded 'agent,' and that, therefore, the only inference was that the agent was to be treated astheowner, and that, consequently, the absentee tax was only applicable to oases of absenteeism where there was no agent in the Colony. Further, that if that contention was right the defendant was practically the 'owner,' and,as he had not been absent from the Colony for three years, he could not be held liable fo» the payment of the tax. Mr Andrew also oontended that under the power of attorney, the defendant was not authorised to pay any tax that was not imposed on all the land owners in the Colony.

His Worship gave judgment for the plaintiff, with £3 13s costs.