RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 227, 11 September 1862, Page 5

RESIDENT MAGISTRATE'S COURT.

(Before A. 0. Strode, iwq., K,M.) Drunkenness. -Ch/n, White was fined 20s. and costs for heing drank, and fo. and casts for usin* obsceue language. ■ ■ ( AssAuimu a Detkctiur.—William Stanfleld was charge I with assaulting Defective Johnson, in.t'-e Arcade, while in.the execution of his duty, 'flic . ftlaiiistnito said that the assault was wholly unprovoked, au'l ho should fine the defendant £5 and costs. ! CIVIL CASKS. Db'Kson and other* v. A. Wilson was dismissed, there being n<> appearance. Somn-.T and Jjiwmv. Douglas.—-This was a claim tot- damages, result in;; f-oui the illegal detention of. a lull of (ruling ?*y the dufe.udaut, the Maiwer of tSiu Bank of New Sjuth Wahn. Mr.1 iiurUm appeared for the p'aintilfd, and Mr, Ilovvorih for thy defendant. Mr. Iloworlh trwk a preliminary objection tlmttho amount of tho bill.of lading being £!>\ UK Ud., the Court h:ut no jurisdiction. Mr. lUrtou naid that the claim was not fir the bill of lading or its vu!n«, but for damages fir its detention from tlwdsi-eat whidt the plaiatiUi ao-optcd a bill for the £>1 10s. 31. It would be for the Magistrate to :is.«ij<s damages at any miiu not les-« th,ui £-0 If there was further detention, there mi-ht be another summon*, and ho on, until the value of the hill.of ladiny; was obtained, or to much co:npeu.4ntiou as tin: Al;i!:istrate thought wa<* sufficient.. Mr. Hmvort s sail that the law allowed'no such cir eultou * proceeding. If the bill was iileg;diy det.iined. .there wan a direct rciiiedy'—an action of detenue. If thi defendant was the holder of the bill by endorsement, it was his property; but the present proceeding couid never de-id.,' tii^question of proper! v. The Maoist-rat..* held that he had jurisdiction.Mr. Hnworth said that the Magistrate could not fail to s;c that the object was to recover the bi!! of J.-idhiir. or s.> umt'h dauiatf.w an mi ; ',Ut mak-j it not worth wlnl'; to continue to lioul tli-j liiit. If there w.is a dec'siou against the defendant, it would he necessary to take the opinion of a higher Courr. It would \m a dangerous system to assuini'jurisdiction whore jjo^.-ii'hion of it wit" not (juiti: clear, and by cirruity of action to do that which could not !>.j don.? diroolfy,'when by om>acti«m the party, it lie h.tda "ri^ht, might enfoive it. 'Ilie Ma.^irtU'iite hnid he had in* wi.<d vt :w,iiin? jurisdiction -which did not Itulon^: U> him; hi hi\ ijuite tn-.itr:u V) do without.hat. Hut, ju-idng from tu<; particulars of di'mind, there w.-« n,j reason at all why th« c;tst?.sM-julJ.ni-t })•> prow-M!e<l with. Evidence wa< v'iveu i»y Ida plaintitfj : but it anj poared that" in th» course of thu interviews wish the | defend uit, he told them ilia! he u<> long-r held,t!i: i hill of ladinir, but th it it was in the hands of Wrb/ul, ■ Uobertr'ni and Co. ! The Masjlsti-ate thought tint Uits put an end to the oa-e. The witnev-;;,! added that Me-ssr*. Wi i^ht, ItolH.-rt.son and (,'a, HiUl they held fur tin; defendant, audfutild only act on his orders. Tif) Magistrate said tint this wfis not proved ; and ha felt t!m uuder the circumstances tha c:uw must '>c dHmi.^'d. .Miller v. IJoyi! w,-k postpon^l to Saturday. Jotieph v. rtobin*>n, £V,i; Zien-k v. Uinney, .17s. (R ;Do!d v. same, £'£ Si, In each c.i'ie julgment by default. Shedian v. Stanfi^M, £1 31. ; Simpson v. Wi!r>n £18 l.'X 41. ; Htrahau v. J. D. Jom:.i, Xl 7. Ver diet by consent. Muss v. ilu^hea was dhmuw..,-1, there bein^' no a;>pearance. l)i\yy v ll'i'H. —The j)laiiititF*:)iight comjH:iiJ-*tio:i for injury to a liors;». Mr. Wavd was for the plaintiff, a.'cl Mr. Btrton for thp dff.ndiut. On the Kith Auirust tlto piaitititflent tiio d.rf.jntia'H a liorstj. with which to irn t> Wethcr^.-nf's. Th". jnrtii-ji were affjuaint* d, and no charge was umde for thi' loan, Iml the ■ d»f}i>ud:i:jt. promi*.-! compi'ii/^itioa if th.- horsi'.' w;v? :i.t rfturr.e-l in its %\>A condition a-* when it w:H_li'.iit. Th-i jiliintitfs. ca^» wan that tinhorse was in jjoo-l working condition and nuiu! sound, but tint wlh-n sjivfsj hick l>v thi» ((."{Vni.-int. it w;u scurrei.l os« th<: hork-s and Un> mar foro fo.'t wouiid<sl aluut t!ie tWlc.-k yAm, as if by a nttttup nr *>iue xlj.Mp hu'n-t ui«'-». Th.' wnund Mtppurittud, an 1 the tcn.iviuiv.frw pTfoi-uk-l, if not cat. The horso j wn* n.a <>M {:i\',u-\u; but it was now worthless, beiug in u.H probability in^irablt*. Mr, Mo-irhotis.;, vefeiinary surjronn, th^ucht tho how*1 i;»L'J!t fclsh £sat p:*f«.;nf;; widioiit the wound, it-would, no doiihr, (h; worlh £20. The def.-a.huit'.H ca.s<! was th.U the lionw f.ll lante, as if from an old wound, when muic distance Iwyond thf Tnirri, and that iheuw it wa* led at a walk to Dunediu. The wound would, no doubt, have Iwn cur.d by a (pi,i!if|.;d pr-r.-ow, <:ri-a^.'i by the defendant, but for the piaiut'fD* inU-rftTence. Mr. j>art*m referred to the law bearing; on the case ; but, the Ma-i.--tr.-ito Fall it w.-w just a matter to b^w.-ttl'i'd axoai'iiux to equity andfcood consckucc. He shoiiliJ i;ive jud^'incat for. £14 and co,ti.