RESIDENT MAGISTRATE'S COURT.

New Zealand Times, Volume XXIX, Issue 4121, 5 June 1874, Page 3

RESIDENT MAGISTRATE'S COURT.

Thursday, June 4. [Before J. C. Crawford, Esq., R.M.] Stowaway.—The case against James Robinson for stowing away on board the ship Result, from Newcastle, was called on, but there being no appearance, it was dismissed. Breaches of Municipal Byelaws—Charges of this nature, brought against James Richardson, George Davis, and George Samson, were remanded for a week. [ Desertions. —John Fiunis, charged with j desertion from the ship La Hogue, was ordered on board the vessel. Thomas Ferguson, charged with being absent from the same vessel without leave, was dismissed with a caution upon payment of costs. j CIVIL CASES. ! There were eighteen cases on the bonk for hearing, in which the Town Clerk was plaintiff, | against defaulting ratepayers. All these cases but one were settled in favor of the Corporation without any difficulty, but a rather strange point was raised in the following case : Town Clerk v. C. Lemon—Claim £1 ss. Mr Lemon took the objection that the summons was not issued, or, at any rate, that the form had been filled up subsequent to Saturday last, upon which day he went to the Town Board office to tender the amount due, and was informed that a summons had been issued in his own language. Mr. Lemon stated that on Saturday, between twelve and one, lie went to the City Council office and tendered his rate. Mr Hester turned to the rate-book, and said he wanted ss. more than had been tendered, on account of the summons having issued. Witness then went to see the Clerk of the Court to inquire about the matter, but found the office closed, aud on Monday, the bailiff served him with a summons, part of which he found had only been filled in that morning. Mr. Baker, Clerk of the Court, swore that the writing in the body of the summons was filled in on the Tuesday, and the date and signature on the Wednesday previous. Mr. Millward, bailiff, stated that he received the summons for service on the 27th, and it never afterwards left his possession until he served it upon Mr. Lemon. This evidence conclusively refuted Mr. Lemon's statement, and judgment was given for the amount claimed, and costs 9s. Jackson v. Quick —Claim £5. Judgment for amount and costs. Plimmer v. Withers—Claim £9 14s. Od. Judgment for amount and costs. Stuart v. H. Martin—Claim £i 2s. 9d. Ordered to pay- ss. a week ; in default one calendar month.