RESIDENT MAGISTRATE'S COURT.

Otago Witness, Issue 412, 22 October 1859, Page 3

RESIDENT MAGISTRATE'S COURT.

Dunedin, 15nt Octobek IS-39. (Before John Hyde Harris, L",q , R.M.) David Sinclair, of Dunedin, ship's cook, was charged on the inform ttion of George Wallace, master of the schooner " Henry," with stealing a ship's lantern. The matter was not p.orod, and the case was dismissed. 18th October. Jones, Cargill, Sf Co. v. M-Indoe. This was a suit to recover £17 10s. for lighterage of goods fiom ship " Alpine." The claim was denied by Mr. James M'lndoe, defendant, on the ground that he was not liable to pay lighterage for these said goods, according to an agjeement entered into by the agents of the vessel in Glasgow, and stated that the goods were to be delivered free at Dunedin, and maintained that he was not liable to the demand, but that if any one was liable it was the bhip. On the evidence of Mr. Macandrew, he produced the befoie-mentioned agreement, which stated that the goods weie deliverable at Olago. The question as to the usual custom of the place, as to lighterage of goods upon matteis of the like natuie, it was distinctly stated upon sound good authoiity, that the invariable custo.n of the port is for captains of ships to dischaige their enrgo into the first lighter that is alongside, and thegoods then taken to Dunedin at the consignees expense. His Worship held that the case was fully proven, and gave judgment against James M'lndoe for the amount sued lor with coots. Switzer v. Loftus. This was a claim for 18s. brought by John Srtitzer, bootmaker, against Miss Loftns, of Dunedin, formerly residing at Mataura, for one pair of boots. The claim was denied on the ground that they were never leceived by the defendant. It appeaied by the evidence of the plaintiff* on oath, that the boots weie ordeied by the defendant to be sent by the carrier Graham, and that they were given to him for delivery. His Worship held that the defendant was liable for the amount sued for and costs. Macau drew fy Co. v. Colville. This was a claim for £'16 Js. due by a piomissory note entered into at Melbourne. Claim admitted, and judgment foi the full amount and costs. Shepherd v. Hall. Thomas Hall, of Dunedin, labourer, was charged by John Shepherd, Chief Constable, for unlawfully setting fire to flax within the town contrary to the Constabulary Force Ordinance. Case not pi oven, and dismissed.

Shepherd v. Crowhurst. George Crowhurst, licensed victualler, was charged by the Chief Constab'e for unlawfully neglecting to keep his lamp burning on the piincipal door of his licensed house on the morning of the Ist October, contrary to the Licensing Ordinance. Chaige admitted. Fin 3d 40s. and costs, Shepherd v. Crowhurst. This case was of a similar nature. Charge admitted, and fined 40s. and costs. Shepherd v. Crawford. George Crawloul was charged by the Chief Constable with permitting one cow, his piopeity, to wander at laige within the town Chaige admitted, and ordeied that defendant be fined ss. and costs, being the first offence. Several other paities were lined for similar offences.

Wednesday, 10th October IBS 9. Cutten v. Craig. William Henry Cutten, Commissioner of Crown Lands, charged Andrew Ciaig, of Dunedin, labourer, with having been guilty of unlawfully occupying Waste Lands of the Crown, commonly called the Town Belt. Occupation admitted, but the case adjourned until Fiiday, the 21st October, at. 12 o'clock, for the purpose of allowing counsel to investigate as to whether the Crown v ommissioner has just right to puiMie parties ior occupation of the Town Belt. Shepherd v. Campbell. Philip Campbell, of Dunedin, carter, was charged for unlawlully using threatening, abusive, and iusu'ting words in the presence or hearing of a constable, and of behaving himself so as to provoke a breach of the peace. Charge fully proved, and fined 40s. Sibbald v. Summeis. This was a claim for £15 8». fid. due John Sibbald by Andrew Summers, a debt he incurred upon himself by becoming burety for another person, Judgment for piaintifFin £15 8«. 6d., and costs.