RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 217, 30 August 1862, Page 5

RESIDENT MAGISTRATE'S COURT.

(Before A. C. Strode, Esq. R.M.) Friday, Ac«ust 29th, 18G2. Drukkrssess.—George Beckett (who did not appear) was fined 205., or in default to be imprisoned 48 hours, for being ilrunk. A Deserter.—Thomas Seedhal), who admitted that he was de&erter from the 70th Regiment, was given up to two sergeants of that regiment. Attempting to commit Suicidr.—Catherine Egan was charged with attempting to commit suicide by jumping from the new ietty, on Thursday afternoon. She was evidently not yet in her proper sea* s she having been drinking very hard, and she was reManded for a day, that she might be examined by two medical mea.

Chauob op Stealing Wood.—Catherine Brodnek and Ann Hherry were charged with stealing -20s. worth of firewood and sawn timber from Mr. Whiteside, carpanter. In the abionce of the wife of rhe prosecutor, who is the principal witness they were remanded tor a day, but released upon their own recognisances. Sherry said she had bought the wood of a man for 7s, and she admitted that she sold half of io to Brodrick.

Danobrocs Stove Pipes.—The charge against Israel^ Wendall was again brought on for hearing. Mr. Fenwick said that, having been called upon by the police, he had inspected the defendant's stove pipes. One of the stoves* was improperly placed upon a box, and the pipe being taken through the ceiling, there was at some points only 1J inch between the pipe and the ceiling boards. Ft wan protected above and below by iron plates, but he did not consider it safe. The largest stove, and the one most use-Vwas fixed in the ordinary way, but not with s-utHcient care, and there was a good deal of calico about the ceiling. He should not like to be the defendant's next door neighbour. By Mr. Heeket (for Hie defendant.) He Hid not see that the pipes were in*any way out ot repair ; and he believed that the defendant had done what he considered to he necessary for safety. Mr. Beckett submitted thet the case did not come within the secti m of the Ordinance under which the summons was issued. The defendant received notice to put certain chimneys in repair, and lie had done so, to the best of his ability, by sending for a competent person, who said that they could not be improved. There was no charge that the chimneys were in a dangerous state.

The Magistrate thought the charge made was certainly within the spirit of the section.

Mr. Beckett said it appeared to him that the only bject of the Section was to meet a ease where a chimrey was likely to fall or was in any way out of repair.

The Magistrate said the words which followed the reference to refusal to repair, clearly showed the general object of the Section. They made liable any person who should neglect to keep a chimney clean, " so that from the foulness thereof, it shall be liable to take fire."

Mr. Beckett said that his client would do anything reasonable that could be pointed out The Magistrate : The only object is to compel the defendant to make his chimney safe, so that he shall not burn down his own house and the houses of his neighbours. There is no wish on my part, or on that of the polica, to wrong :iny man. Mr. Weldon, sub-inspector—Not in the slightest degree, sir, I am sure. The Magistrate: But the matter is a most important one, and the public must be protected. The case was further adjourned to Wednesday; upon the understanding tliat if satisfactory arrangements were made, no more would be heard of the matter.

Illegally on Pbemises.—David M'Lellan, a boy, was charged with unlawfully entering the fowl-house of Mr. Win. Johnston, in Forth-place, about halt-past 8 on the evening «f the 27th inst. It was objected, that no offence was alleged in the information, and that the hour was too early for the matter to come under the burglary 83Ction. The Magistrate said the information was certainly faulty, and must fail. CIVIL CASES. Martyn v. Mills.—Verdict for £i 4s. in default. Miller and Another v. Jones. —A claim for£2l 183. for whisky, &c. The defendant did not appear, it being stated that he was confined to his bed by a broken leg. Mr. M'Gregor, who was for the plaintiffs, said that »nee before there was a statement that the defendant could not appear, because of a sprained leg. The Magistrate said, in the absence of a medical certificate, he should go on with the case. Verdict for the amount claimed. Buchanan v. Hunter.—The plaintiff claimed£2l6s. 9d., as half the cost of planting a hedge between his land and that of the defendant, to the execution of which the plaintiff consented. The defence was that the man employed had put the fence so far on to the defendant's land at points, as to vitiate any claim for payment; and that otherwise the work was so badly I done, that the defendant would be justified iv refusing his moiety, even had he promised it. The Magistrate held that the claim was a just one. The defendant was frequently asked to inspect the work during its progress, and having failed to do so, he could not avail himself of any alleged faultinexs. Verdict for the amount claimed and costs. Johnston v. Dunn, £13 3s. 6d; Burke v. Wilson and another, £19 19a. 6d.; Reed v. Moorhouse, £19 os.; Telfer v. Finney, £6 45.; Hiles v. Nimmo, £13 3a ; M'Doujrall v. D. Jones, £12. In each of these cases there was a verdict by default. Dawson v. Allen.—Dismissed ; no appearance. Nolan v. Cole, White and Co.—A claim for £Q as wages. Verdict for £3, it appearinsr that the plaintiff had left the defendants' service without notice. Calvert y. Pearson.—This was a claim for £3 Is. 4d., the circumstances being similar to those in the previous case. Verdict for £116s. BJ. and costs. Isaacs v. Edwards.—A claim for £1 19s. 4Jd., which was settled at once, there being an agreement hat £1 of the amount had been already paid.