RESIDENT MAGISTRATE'S COURT.

Taranaki Herald, Volume III, Issue 117, 25 October 1854, Page 2

RESIDENT MAGISTRATE'S COURT.

The business of this Court during the last two weeks presented no niatlet of interest except the two following rases. The fit st was an assault case, Hyan v. Wood, the violence having been committed under the influence of inebiiation, and in which a fine was inflicted, and damages awatded.

The pecond, Shuttleworth v. Samuel, was a charge of feloniously stealing a bill of exchange for £75. r I his c.ise occupied the Couit several hours, and any detailed account of the evidence would occupy more space than we can tpare. The charge, which appears to have onginated in a mistaken notion of a tight of set-oil, was ultimately dismibsed ; and we only nonce the cas,c to furnish, for public guidance, the judicious observations of the Resident Magisttate on the character of nepociable itibliuments, wluth accompanied the decision. A bill, in favor of one White, for the payment of £75, was drawn on a thud party by Samuel, and in the course of business tiansactions pissed into the hands of Mr. Vickers, mci chant of this place, and from some unexplained cattle, remained unpaid in the hands of Mr. Vickeis after matunty. Some claim of Samuel's against While appeared to have arisen between the giving of the bill and the date of its matuiity ; and the defendant, desiious of setting it off against the amount of the bill, refused payment to any one but White, who hi ought the plaintiffs Mr. Vickers's cleik, to him with the bill for payment. White haying in the defendant's presence taken the bill fioin plaintiff, handed it to him the defendant, who claimed a right to deduct £10, the set-off befoie mentioned, which White repudiated and left the place. Shuttlewoith then demanded from Samuel the bill or money on behalf of his principal, but Samuel lefused to give either, stating that he had nothing to do with any one but White — and hence the present charge. The money for the bill had been provided and was subsequently left by defendant to he given to White. The Resident Magistrate dismissed the case, observing, that the chaige had been properly brought before the Couit, that the natuie of negotiable securities was clearly not geiietally understood, and such tiatis.iction*, aq the present could not be pt-i nutted in a trading community. The impiession appeared to bo that a bill of exchange^vas simply the recognition of a debt, and 'that it had no fuither operation. This was altogether a mistaken idea, for it not only conveyed an admission of liability, but also a pieremptoiy undertaking to pay on a certain day. The law had wiiely thiown jareat protection over the negotiable securities of ttade, and it must be understood that lnstiiuneuts of the kind were as s-acipd as other pioperty belonging to individuals.