RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1478, 11 March 1886, Page 2

RESIDENT MAGISTRATE’S COURT.

Temuka— Wednesday, Marcs 10,1886. (Before K. F. Gray and F. H. Barker Esq., J.P’e.) DOGS.

Richard Coles, charged with having an unregistered dog in his possession, pleaded guilty, and was fined 10s. James Varcoe, similarly charged, said he had sent for (he collar, but Mr Coltman was nut at home at the time. Constable Morton said he called and found the dog unregistered on the sth. When he went with the summons he was shown that the dog had been registered on the Gth,—Fined 10s and costs, F. W. Badbam, charged with having two dogs unregistered in his possession on the 4th instant, said, in reply to the usual question I plead ‘Not guilty’ until I hear the evidence.” Constable Guerin : On the 4th of this month I called at Mr Badham's, and found him making stacks in a paddock near the house. He had two dogs with him. I asked him were they registered, and he refused to tell me. I found out afterwards they had not been registered either in Temuka or Geraldine, Mrßidham; What was X doing when you called ? Witness; Bid you not haar what I said 7 Mr Badbam ; Wasn’t I harvesting 1 Witness : Didn’t I say you were building stacks 1 Mr Badbam ; Were you led on to me 1 [Here there was a pause, the witness taking no notice of the question, and Mr Bad ham fiercely said 5 “Answer the question 1”J Witness : It is not a proper question, Mr Gray ; It is not his duty to say whether he was le I 00 or not. He was only doing his duty. Mr Badbam: Hal Very well. Bid you ever hear that I failed to pay the tax before I Witness ; No. Mr tyidhain ; That will do. I want to give evidence myself. F. W. Badbam, on being sworn, said ; This is the first year on which I failed to pay the tax. The reason I did not pay it before was that I was in tb« middle of

harvest. On the Ist of this month I drew | money to pay the tax, but when I called 10 pay it the reghtrar was not in his office, and through that 1 am summoned, I have a witness to prove I paid, on all previous years. I would not Have been summoned now only the police have a “ down ” on me. Constable Morton • Wo conld not make an exception of Mr Badhara, Your Worship. Mr Badham : The police can give a hint to a man. I can prove that Constable Morton has said he would make it hot for me if he could get me, and the only way he could get at me was to bring this miserable, paltry dog case. I call the old registration officer, Mr Lawson, to prove that i have paid in previous years. Mr Gray : That has nothing to do with tire case. Public notice was given to register dogs. The police have not singled you out in any way. Mr Badham: The law was made to punish those who try to evade it, but not those who do not. 1 have lost two days now about these dogs. Mr Gray : Yon are Sued 10a and costs. Mr Badham : Wont you hear my evidence 1 Mr Gray : What evidence 1 Mr Badham : Mr Lawson's evidence. Mr Gray ; That has nothing to do with it. Mr B idham ; Oh, well. Edwin Waddell was charged with having three dogs unregistered in his possession. The defendant admitted the ownership of two dogs, but said the other did uot belong to him. He did not Know who the other dog belonged to. It had only sirsyed to his place.

He was fined 10s for the two dogs belonging to him. Robert Matthews waa charged with having one unregistered dog in his possession.

Constable Guerin proved that ho found two dogs at the defendant’s house; that a man named Anderson acknowledged one ef the dogs, and said the other belonged to the defendant. The dog was chained up. Robert Anderson, sworn, denied that ha told the constable the dog belonged to the defendant.

Robert Matthews, the defendant, gave evidence to the effect that he had no deg since he came to the district. The dog belonged to a workman that was there. The case was dismissed.

Robert Anderson, witness in the previous case, pleaded guilty to the charge of having an unregistered dog in bis possession, and was fined 10s and costs. ASSAULT. W. Whitehead was charged with having committed an assault on W. Chamberlain, licensee of the Temuka Hotel. The defendant did not appear.

Constable Guerin said ha served the summons at the house of defendant’s father, and that his mother told him he had cleared out that morning. Ha had slept there the night before. The case was adjourned for a week. CIVIL CASKS.

John Brown v. Kokoro—Claim £9 14a. There was no appearance of defendant and plaintiff stated £4 of the amount bad been paid. Judgment was given for the balance with costs.

Orlando R. Matthews v. 0. Story—Claim £4.

Mr Raymond appeared for the plaintiff and Mr Tosawill for the defendant.

Mr Raymond explained the case to the effect that the amount was due for the services of a horse. The defence was that a guarantee had been given. 0. R. Matthews, the plaintiff, sworn stated that the amount was due to him for the services of the horse, Betrayer. Mr Story spoke to witness and said he would give Betrayer the mare. Afterwards one of his boys brought the mare, and no mention was made of a guarantee. The mare was taken as a season mare. Mr Story did not mention a guarantee to witness until he put in his account. Special arrangements must be made in the case of a guarantee. The price was £4 for the season, and £6 for a guarantee. To Mr Tosswill: Mazengarb, the groom, spoke to me of a guarantee afterwards. It was in the beginning of the season the service was rendered. It was within a month afterwards that the groom told me Story wanted a guarantee. The amount would be due on the Ist of January, 1885, but I did not send him my account for some time afterwards. I would not swear that it was not eight months before I rendered ray account. I ’was sued by Story the other day, and put this in as a set-off. In a conversation afterwards Story said the mare was not in foal. To Mr Raymond : I mado no araangemeuts for a guarantee. I had a running account with Air Story. The mare was booked for the season. Mr Tosswill objected to this as the book was not produced. k. M-izengarb, the groom in charge of Betrayer ; Saw Mr Story about a mare in the beginning of the season. Ho sent the mare, but no mention was made as to a guarantee, He spoke about a guaran'ee, and witness toid him he had booked her as a season mare. Told Matthews afterwards Story wanted a guarantee. The guarantee should have been arranged beforehand.

To Mr Tosswill; Could not say how long after the service «as rendered that Story asked for a guarantee, but it would be within a month. To the Court: Tho mare wua entered specially as a season mare. Robert Matthews stated that the usage was that a special arrangement should be made with regard to a guarantee. Never advertised guarantees.

Mr Tosswill said that his case Was that the advertised price was £i for the season and £6 for a guarantee, and his client elected to take the guarantee. C. Story, the defendant; Saw Mr Matthews, and asked would he charge for paddocking, and he said “No.” Sent the mare, and she was returned after nine days. He saw the groom, and said he would take a guarantee. The groom said All right.” This was the first fortnight in the beginning of the season, I think I had a right to elect to t ika a guarantee any time during the first month. I have travelled a horse for 10 years, and that was my custom. The account was not rendered for eight months after. 1 had tried the mare often before, but she never had a foal. To Mr Raymond ; Mr Matthews had a running account with me. Mr Matthews neyer spoke to me. I arranged with the groom.

Mr Tosswill addressed the Court, an 1 said that as the defendant gave attics

that he wanted a guarantee he had a right to it.

Mr Raymond ridiculed the idea that an owner was bound to give a guarantee after the service was rendered. It was shown that the usual custom was to arrange for u guarantee beforehand. Mr Gray said the arrangement ought to have been clearly understood between the two parties beforelun 1, but that had not been done. Judgment would be given for the ulaintiff for the amount claimed and costs. The Court then adjourned.