RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXIX, Issue 4266, 21 November 1874, Page 3

RESIDENT MAGISTRATE’S COURT.

(Before J. C. Crawford, Esq., E.M.) Friday, November 20. John Jamieson and Michael Clements were charged with drunkenness and being absent without leave from their vessel. The former was dismissed with a caution, and the latter received three days’ hard labor. STRAYING CATTLE. Informations were laid by A. G. Bilmer, Inspector of Nuisances, against John A. Chaney (two charges), Charles Mclntyre, and James Turner, for allowing horses to roam on the public streets. Chaney and Mclntyre were fined ss. and costs for each offence, and Turner 20s. and costs. PROTECTION ORDER. The case of Dookray v. Dockray was called, but neither plaintiff nor defendant put in an appearance. LARCENY. Lorretti Kylson was charged with stealing 561bs. of zinc lead from off the ship The Douglas. The police, applied for a remand till to-day, which was granted. VAORANCY. Sarah Mitchell, for vagrancy, was committed for three calendar months, with hard labor. CIVIL CASES. Sloan v. J. A. Pethrick.—Judgment for amount and costs. Cockburn v. G. W. A. Bockitt.—Judgment for amount and costs. J. M. Cleland v. Mrs. Bowler.—Claim, £26. Mr. Izard appeared for Mr. Cleland, and Mr. Ollivier for Mrs. Bowler. This was an action to recover £26, the amount of a judgment recorded against the plaintiff at Poston. Mr. Cleland had purchased five sections in the suburbs of Foxton at auction in Wellington. The sale was by order of-the mortgagee, Mrs. Bowler, Mr. Charles E. Howe being the mortgagor. After the plaintiff had been some time in possession, Mr. Thynne presented him with a bill for part cost of a dividing fence between the property he had acquired and Mr. Thynne’s. The fence had been erected prior to the purchase of the land by plaintiff, but had not been paid for. He refused payment, and judgment was recorded against him at Poxton. Conditions of sale, in which it was stated that the defendant would satisfy all “out-goings” due prior to the transfer of the land, was produced as evidence, to which Mr. Ollivier objected on the ground that the agreement was improperly stamped. Upon examination it was found that two sixpenny postage stamps were affixed, a one shilling duty stamp being required by the Stamp Act. Mr. Izard, in order to utilize the document as evidence, elected to pay the penalty under the Act. After the document had been admitted, a great deal of argument was expended by counsel, Mr. Ollivier contending that the notice required by, the Fencing Act had not been complied with, and also that his client was not the proper party from whom to recover, the mortgagor and not the mortgagee being the person liable. His Worship was inclined to Mr. Gilmer's opinion, but would record a nonsuit. There were nine cases against defaulting shareholders in the New Zealand Titanic Steel and Iron Company. With the exception of a couple, who had either settled their debts with the manager or paid into court, judgment was given for plaintiff with costa.