Resident Magistrate's Court.

Oamaru Mail, Volume XVII, Issue 5318, 5 July 1892, Page 3

Resident Magistrate's Court.

THIS DAY. (Before H. A. Stratford, Esq., R.M.) POLICE V. O'DONNELL. Mr Newton for accused. His Worship gave judgment this morning ill the above cases, lieardy esterday. His Worship stated that the charge against O'Donnell, of selling a glass of whiskey to Thomas Rainforth, would be dismissed. The circumstances surrounding the case were suspicious but the evidence was not sufficient to sustain a conviction if appealed against. The second charge, of keeping open for the sale of liquor during unauthorised hours was upheld and defendant was convicted and fined LI and costs LI 19s.

Execution was stayed for seven days at the request of defendants' counsel to allow the latter the chance of appealing.

CIVIL BUSINESS.

National Bank of New Zealand v. T. Williams, interpleader to restrain defendant as a judgment creditor retaining possession of certain property over which the Bank holds a bill of sale.

Mr Lee (Hislop and Creagh) appeared for the bank and Mr Harvey for the judgment creditor. Mr Harvey admitted the claim so far as the goods mentioned in the bill of sale were concerned. Mr Lee admitted this as sufficient and applied for Court costs LI 6s, possession by bailiff for two days 16s, two witnesses' expenses, and professional fee LI Is. Mr Harvey objected to pay possession by bailiff. The bailiff was already paid by the judgment creditor. With regard to witnesses' expenses and professional fee, he had told Mr Lee previous to the case coming on that he would withdraw as regarded the bill of sale, and Mr Lee might have sent away the witnesses. Mr Lee had refused to let him see the bill of sale last night, and he had not been able to see it till this morning, and therefore Mr Lee should not apply for professional fee. Mr Lee replied that he had offered to let Mr Harvey see the bill of sale if he would pay the production fee. His witnesses were already in attendance when Mr Harvey promised to withdraw. The bailiff having withdrawn his claim. His Worship allowed Court costs and professional fee, but disallowed witnesses expenses.