RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 409, 20 August 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

•■ ■ •• + THIS DAY. (Before W. J. Stkwaiui and 0. T. Fr.NWUK, Ee-itu, v .1.1'.5) ' ALLEGED LUNACY. Hugh M'Caltcy was brouglit up on a charge of being of unsound mind, and was remanded "until Thursday, for medical examination. HOBSK AT LAIUJK. Charles Tliompson was fined 2s. Od. for allowing a horse to wander at large. CIVIL CASK. Lawsou v. Wheatley.—Claim, 2s. od., amount of railway faro from Maheno U> ();iinani. M-. White (of Timaru) appeared for

the plain (ill, and Mr. O'Meagher for tin defendant. Mr. n'Meagher admitted that the defendant liail travelled on the- line without paying. The question to be decided was, what construction could be placed on the rending of passes issued to County Councillors.'" The pass read : " Pass to Mr. Wheatley, County Councillor, from any station to any station within the County of Waitaki when travelling to and fron,

County meeting." The defendant hac travelled to attend a meeting of tho Subcommittee of the Council. The quostioi was whether the words used were bucli ai to include Committee meetings. Mr. White said that whon Mr. Wheat-Icy consented to net upon a Sub-Committei he should look to tho Council for his ex penses. The pass should be read strictly and not liberally. The matter having been still furthe: argued, Mr. Steward delivered the following judgment:—The Bench is of opinion tlnv theVords " County meeting " arc inconveniently indefinite, and that if it was in tended to limit the privilege of freo passe merely to journeying to or from an; general or special meeting of the ful Council, the words underlined on th> ticket should have been " when traveling to and from any general or special moot ing of the County Council." Failhi I such special limitation as would be thu distinctly expressed, the Bench are drive: to define for themselves the meaning c the words "County meetings." It i obvious that these words, used in thoi widest sense, might be held to moan an; meeting, or at anyratc any public inccl ing convened by tho County Chairman but, as it is evident to the Bench that swide a meaning is not intended, it hj« j comes necessary to judge as to what i the limitation to be understood. Afte carefully considering tho matter, til Bench think that tho words "to aw from County meetings" must bo hoi to mean to or from mceeting of tho whole Council, or any pai of tho Council sitting as a .Sut Committee of the Council, by am with its authority, tho bench being o opinion that it is intended by tho pas that a County Councillor, while bona jli travelling to attend any meeting, or in veiling from any mooting of the Council should be exempt from payment of rail way fare, because in fact travelling in th public service ; and further, the Bene! holds that if meetings of Sub-Committee are not intended to come under the dt linition of the pass, it is necessary thi; the words of the pass should bo so specifi; as to exclude them, and oveu on till ground only that no such specific limitaji tion is made, feels bound under all till circumstances of the case to give the del fendant the benefit of the doubt. Judgl ment will therofore be for the defendant^