RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 419, 24 April 1863, Page 5

RESIDENT MAGISTRATE'S COURT.

, Thursd iV, April 23rd. (Before A. Chetham Strode, Esq., R.M.)

Drunkenness. —John P. Mair, Chas. Lhxton, George Hall, Thos. Robinson, and Alexander dark, were each fined 20s and costs; in default cf payment, to be imprisoned 43 hours.

Charge of Using Abusive axd Threatening Langcage. Eliza Main summoned Ann Aaron, for an offence of this kind, and Mr Barton was engaged for the complainant: but f rtunately for the time and patience of the Court, a promise of better behaviour was matie, and tiie complaint was withdrawn.

Assault.—lsaac Canning was charged with having on Suuday the 12th inst. at the North-east Valley, assaulted Margaret Miller. As in so many other cases, the assault.—a single slap on the mouth—followed a great deal of wranaling-, arising out of the complainant's hens trespassing on the <Jetendaut"s garden. A fine of 30s and costs was imposed.

SommamT Ejectment Case.—John Dixon « Alexander Davidson.—This being a summons under the Summary Ejectment Ordinance, John Gillies, Esq., R.M., and Itobert Chapman, Ksq., J.P., joined the Resident Magistrate.—Mr James Prendergast appeared for the complainant, and Mr Ward for th« defendant. The summons was for the ejectment of the defendant from Section 7, Crown Reserve, Princesstreet, east side, which it was alleged he was illegally occupying, the same being the property of Mr John Haworth. ; Dixon sued as Mr Haworth's agent. It Appeared"that when Mr Haworth bought the property, he found the defendant in posses ion. Soon after, he told the defendant that as the Government were going! to dose up the ground round the Immigration Barracks, it was necessary that he should have a right-of-way taken off the shop, which stands next to the Barracks ; and that if this was consented to, the defendant should have the place for L 2 a week —otherwise the rent would be L 3. The defendant said be could not allow the right-of-way to be formed, as "the shop, would then hi made too small for his business ;• but Mr Haworth absolutely needing the right-of-way to tret to property at the back, sent a man to construct it ; and permission being refused, be gave the defendant notice to quit, which notice had not been lieVled. The talk about six month's occupation occurred on the 6th March. Mr Ward put in n receipt for a month's rent; and he contended th it that there was a legal six mouths' tenancy, the rent being L 2 or L3a week, at the defendant's option as regarded the right-of-way. — Mr Strode said'the Bench were clearly of opinion that a pmndfade title to occupy had" been made out; therefore, the summons, which was under the sth section; of the Ordinance, must be dismissed. Mr';;Prendergast ■asked whether the Bench thought there was ap'rimd' facie case apart from what passed-a'boiit'sjx months. —Mr Strodefiaid the Bench1 deYslihed.fq giye reasons for their 'decision.■''."'The^'complainant had ]6tb'er means of'-remedy if he was hot satisfied;'- 'Mr .Ward applied for" costs; but Mi? Strode thdygltt ftbnefsh'oultf' bellowed; : -i.c-.Vk> ;;-.: ;ii <: ■ ' "• ■".'•'-'»•■* '■'<■> •' ■

Si/r Grog Selltkc—Judah Sotonion, of the Aldinga Hotel, Staff>rd-street, was charged on the information (if Pounsford ami Moriurty, deteotive revenue constables, with having on the 16th ultimo allowed two glussis of brandy to be sold in his house, the same not being licensed for that purpose. Mr

■"fowortji jnn. appeared for the prosecution. Tho lTenee w.ij not ilcuied, and a fine of LSO and costs was inflicted.

Jolm M'Neil, Albion Hotel, Great King-street, was fimilaily charged. After the formal evidence, PonnsforJ, in reply to Mr Wilson, for the defendant, said rhat he was employed under the Commissioner of Poles. He got lls n-iiay, his expenses, anil r, portion of the fines inflicted. He understood that he was to get some portion of each fine— that was promised, hut nothing was said about the amount.—Mr Stroie: It's very absurd. They might as well promise you something out of my pocket. Neither Mr Mranigan nor any one else Ims any power in the matter. — Pounsford (by Mr Wilson): I distinctly understood that there was to be a portion of the fines Siven to me. In fact, I was told so hy some one in authority connected with the police. Whin Moriarty w s called, be looked :U notes in order to refresh his memory; And M/ Wilson demanded to se3 tiiem Morinrty lefnsed to show them, unless ordered to do so by the Magistrate; and Mr Strode said that he should certainly not niafco such an order —Mr Wilson said it was the first time lie had heard such a refusal supported by a Mnsjistrate or Ju!ge.—Mr Wilson argued that, a principal was not liable for an illegal act done by an agent, unless by express authority, and objected tint the person whnsol; these spirits, if any on?, should have been proceeded analyst.—The Magisfcvd'e over-ruled the oljestivn.— Mr Wilson called Mary Ed words, the defendant's sister-in-law. She Siid that previous to, and on the 16th March (the day on which the offence wis alleged) the defendant wai confined to l»d, by illness. He had frequently forbidden her and the barmaid to sell spirits until the license had beeu obtained. There were spirits in the imntry at tlmt time, but none in the bar f,>f sr.le.— i The Magistrate inflicted a fine of LoO and coat 3 ; and Mr Wilson g-ivo notice of appeal. J. D. Jones, Tumora House, High-street.—Evi-dence having been given of the sale of two glasses of brandy on the 18th Match, Mr Wils.'>n said that on that day Mr Jones was unfortunately in gaol for • iebt on the day named, and had been for six weeks previously. Surely, in such a case, the Court -would not say that a man was liable under the law of principal and agaut. A witness having been examined, the Magistrate faid he would consider the point, and would giru his decision next morning. Jno. Kiordan, Cafe de Paris, Jetty-street.—Mr Bartou appeared for the defendant. After the evidence of Pouri'ford and Moriarty, a fine of LSO and costs was inflicted.