RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 2054, 4 September 1868, Page 3

RESIDENT MAGISTRATE'S COURT.

Wednesday, September 2nd. (Before A. Chetham-Strode, Esq., R.M.) Drunkenness.—John Moncreith was charged with disorderly conduct, and was fined 10s, with the alternative of twentyfour hours' imprisonment in default of payment.

A Pest.—John Buckley was charged wich disorderly conduct. It appeared from the evidence that he had only been released from gaol a day, when he went into Walker street and assaulted and threatened a number of persons. He broke a number of articles in the house of one witness, he took up a tomahawk to another, and he swore that the next time he got into trouble it should be for murder. He was fined Ls,or 14 days' imprisonment, and was ordered to find sureties to keep the~ peace—himself in L4O, and two bonds of L2O each.

Vagrancy.—John Flanagan, alias John Wilson, alias John Mulroney, alias John Mulraney/was charged with having no lawful visible means of support. The evidence was ;not sufficient to convict under the Act, and the prisoner was discharged.—Charles Norman was similarly . charge-:-: Tt. apj>c,ouc-od Wi r&j, I*.© wa^ro, gooxv - tradesman, but was fond of occasional sprees, and that during these sprees, he neglected work, sold off his furniture, and when all his means were exhausted, annoyed those who knew him by begging for drink. The Magistrate gave him " one more chance," and he was discharged. civil cases. John Jones v. F. A. Orbell. This was an adjourned case. Mr Macassey appeared for the plaintiff, and Mr Srnythies for the defendant. The plaintiff sought to recover L 139 2s 6d, reduced to LIOO to bring it within jurisdiction, due upon a mortgage deed. The deed provided that if the defendant failed in payment of the principal or interest, the plaintiff had power, under the Conveyancing Act, to sell certain lands. Default was made, and the land was sold by the Registrar of the Supreme Court, the plaintiff debiting the defendant with the amount realised by the sale. Mr Jones, in his evidence, stated that the balance had not been demanded until lately. He admitted that he had sued the defendant in the Waikouaiti Court for some L 26 odd, the balance of an account stated; but he said it referred to advances made on work done, and had nothing to do with the present claim. He also admitted that a sale of the land in question to his son had been partly.effected, and a bill had passed between them, but the next day the bill had been destroyed. Mr Srnythies moved for a nonsuit, first, on the grounds that no evidence of default had been given, as was necessary, before the Registrar could sell. 2nd, That the mortgage was paid when in the presence of the defendant the plaintiff's son gave the plaintiff a bill for the amount. That was a settlement, and transferred the debt to the plaintiff's son. 3rd, That the plaintiff had already sued the defendant upon an account stated, which operated as a payment of all accounts, and that the present action was a splitting of demands. Mr Macassey, in reply to the first point, urged that the action could have been maintained apart from the sale by the Registrar and that the deed executed by the Registrar, being executed on behalf of the defendant, was a bar to the plea. Upon the other points, Mr Macassey argued that by the sale of the land the plaintiff's previous rights were not waived. Mr Srnythies replied. The Magistrate said the first point was the only one that had any weight in it, and he took time to consider the arguments, undertaking to give his decision on Friday. E. ff. Ward v. John Kaye.— Claim L 7 10s, for professional services rendered. Mr Ward said that when he issued the summons he understood* that the defendant was in a good position and well able to pay ; but as he had acertained that he was in indifferent circumstances, he would withdraw the case and make a present of the debt. The defendant, an old man, seemed deeply grateful, and said " I thank ye very kindly, Mr Ward. I wish ye many a happy day to . live." The Magistrate said he would like to see more cases so satisfactorily settled. Judgments by default, were given in the cases : Wise v. Drury, claim Ll V Burke v. Cochrane, Ll3. Thursday, September 3rd. (Before James Fulton, Esq., R.M.) Drunkenness. — John Russell and Mary Cameron were each fined 10s for this offence. Carelessness while in Charge of a Horse.—William Buskin, for neglecting to keep proper control over a horse, was fined 2s 6d and costs. Illegal Detention. — Jenkins v. M'Donald. *Mr Wilson appeared for the plaintiff, and Mr James Smith for the defendant. The complainant sought to recover possession of a dray, alleged to have been illegally seized by the defendant. He stated that he was the owner of two drays, one of which he had purchased from a person named Kitchenman.- The complainant had seized tho other dray,

having paid money to Kitchenman. Evidence was given to show that neither of the drays belonged to Kitchenman, and that the one seized by the defendant never did belong to him. Kitchenman admitted that, being pressed by creditors, he had sold to the defendant a dray that he had previously sold to the complainant. He had done so with the hope that the complainant would agree to the sale. - The defence was that the defendant had been misled by Kitchenman's representations. An order was made for the delivery of the dray to the complainant. A number of informations laid by Inspector Nimon were disposed of.