RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 2003, 1 June 1868, Page 5

RESIDENT MAGISTRATE'S COURT.

Fm day, May 2'Jth. (Before A. R, C. Strode, Esq., R.M.) Drunkenness.—Win. Miller, againut whom there wero several convictions, was fined 30a for drunken and disorderly conduct. Charles M'Ewcn, for a like offence, was fined 20a ; and a penalty of JOa was inflicted on Francis Hannigan, for drunkenness. Sophia Austin was sent to gaol for six weeks, upon a cliargo of habitual drunkenness. BitKAcii of the Peace.—George Fuller was charged with having committed a breach of the peace. Tho informing constable said tliat on the previous ovening, he was in Walker street, and ho saw the prisoner deliberately strike a woman. Tho prisoner admitted tho act. Ho had been trying to get a friend of his out of a disreputable house, when a woman attacked him, aud not only assaulted him in the house, but followed him into tho streot. Ho called a witness, who corroliorated his statement, and he was discharged. Dihohdkhly Houkk.—John Wilks, alias Brummy Wilks, was chargod with being the occupier of a house of ill fame. Mr Smythies appeared for the prisoner, and the Commissioner of Police prosecuted. Tho evidence went to show that although the prisoner lived in tho house, and 'paid rent for it, the women who lived in it paid sub-rent to a Mrs Sutton. Mr Sinythics argued that occupation had not been proved. The Magistrate said, that the clause under which the information waa laid was a strictly penal one, and must bo rendered strictly." Tho question was what was the meaning of the word occupier. Ho thought the reputed keeper waa Mrs Sutton, tho prisoner being the bully of tho house. He did not keep the house in the eyes of the law, but it was only by quibbling that he escaped. He was discharged. civn., cases. Gillespie ». Kinnerman—Claim L2O, damages for tho loss of a cow. Mr Wilson appeared for tho plaintiff, and Mr Smythies for the defendant. The plaintiiFs case was that ho gave the defendant a cow to agister. The cow waa placed in a paddock, * ut by some means or other a fence was broken down, and the cow fell over a precipice, and was killed. It camo out in evidence that the defendant knew that the fence waa broken on on Sunday, but did not attempt to repair it until the following Wednesday, the cow having been killed on the Tuesday. Mr Smythies contended that tho loss of tho cow had entirely resulted from accident, and that if there was negligence, the plaintiff had contributed to it. The points were over-ruled, and judgment given for the plaintiff for the amount claimed with coats. T. Carr r. R. Cadzo.— Claim LI 17s Gd, for tho use of a paddock and Bhed. The defendant had no defence, but that ho did not expect to bo charged. Judgment was given for the amount, with costs. Basset v. Neale —Claim LB, tho value of a set of dray wheels, alleged to be detained liy tho defendant. Mr Wilson appeared for tho plaintiff", and Mr Srnythies for the defendant. It appeared that the plaintiff sent the wheels to be repaired, but not calling for them, tho defendant, after giving notice to tho plaintiff, Bold them to satisfy his own charges. Ho had bought them in himself, and now offered to return the goods on payment of his lien. The Magistrate held that no tradesman having received goods to repair, could.dispose of them to satisfy his lien. Judgment was given for the plaintiff for tho amount claimed, with costs. Judgments by default wero given in the following cases: —VV. J. Heimingham r. D. M'Leod, claim L3G 15s; E. De Carle v. A. Lees, clfcim L2O.

Tho cases, Saunte v. Marks ; Wilkinson v. Pride ; Brennan v. Roberta ; A. Smith v. Calvert and Campbell, were dismissed for non-appearance.