RESIDENT MAGISTRATE'S COURT.

Timaru Herald, Volume XL, Issue 2906, 16 January 1884, Page 3

RESIDENT MAGISTRATE'S COURT.

TIMARU-Tdesdat, Jan. 8. '!'■ (Bt-fore J. Boswict, Esq., R.M., ond T. T ,1 HaU.E^q.J.P.) ' UKHAOKES OP VACCINATION ACI. ■ Eight per-otis were summoned bj 1 ' Cooper, KrgiftT»r of Birlha. &\, at Timan '" for neglecting to have children vaccinate! ._' Four of fclin catea were withdrawn, certil oates thnl the Apt; had been couipliod wit ■ having been furnished eince the fUtnmonei were issued. Tho othor four were dealt fit p aa follow*. Mr Cnopsr conducted the proji ouliou. J. B. . Molsn, charged with neglecting t ■j ; hay two oliildren vuccinated, admitted tha * one was not vacui'.nnteri, but the other on J had been oueoßeafully vaccioatoci by a neigh a nor. He produced a noto or certificate trot t Dr Hogg, that, hehsd examined this obild an I it appeared to have beeu vaccinated. H j found • marks resembling those produced.!) vaccination. . < Mr Cooper thr-cght thi» insufficient as i j. certificate of suceoehful Taroinaiion. He con , sidered it iuiptopor for people to vaceinnt ! tbjeir ohildrnn themselves, m any sort o: r fashion, or to get their neighbors to do it The Act required tli;it it should be done bi r duly qu»lifi«d jnisdioal men. . The defendant w.u quiti) euro the child nai I properly: vaccinated. ; I The Bench accepted t)io evidoncc as sulli' cientproof of vnceinntion m thoonoca^e. Th* . neglect m tho othor ease being admitted, defendant was fined 10a. Jno. Mann wa» charged with neg'eoting tc have two children vaccinated. He paid he h»d juefc hod them viiecioa'ed, iind could nol flret tho certifjento for a wrek. He hud not ■ hurt it done bffuro biuauae he objected to it very much. ■ Oafe ndjourned to next Tuo6duy for production ot certificates. Jus. X., Black, chireod with having one child unvaccinated, <iid not appear. Mr Cooper proving (hat he had reoeived no certificate as he ought toba7e done, defendant Vfanfiniul 20» SDd cos's. Mr Cooper stated that, in all cases he had s>3nt ouc notices, onoa or or'toner, rcmindiog those who wero lißckwiri of their duty. . : ABBAU3.T.CA9E. W. M. HadOeld appeared m answer to n summons itsued on thd information of T. H. Wialcy, charging him w'uh u««ault Mr White oppenrsci for oooiplanant ; Mr Haioerelfy for defondunt. On the case being called, Mr Hnreoraloj Submitted that the information wa* barred by tho disruijsiil, on the previous Tuesday, of & simitar information teJuting to the tame circumstances, and betwren the same parties. Hi« Worship taifl ha did not dismiss the we; he limply discharged the accused from custody. , ; Mr Hamerslay : That information was put an end to, and this is a new onn altogether. You* Worship could not di«ohar<;e him without dierni*sine thi> information. He wa< ditoharged, and tho information dismissed on thiii ground of the ncn-appciranco of the prnsroutor, and m the e.b'OQoa of efidenra on bii behalf. Mr Hamersley w»nt on to argu<' thnt the authorities ehotred that if an infor mation was laid, the caiio called, and no cvidenoa was tendered, bij end wab put to the proceeding* m that case. — it wbb equifalent | to •■ a dismissal after hearir.g. If be could satisfy their Worship* of thi«, the position they must take up nould be i hit tho information had been heard, and the man boquittad of the charge laid against him, before thiv information was laid, and therefore the present information wan barred. Ckuei 186 of the Justices of tha Peaco Act 188-', providos that if the Ju.tices, upon tho Ijuitrini; of such a case or' utiult, upon the morite shall dismies the case, they might bo then or at any time afterwards required to g' T e the defendant a certificate of aaoh dif<init>sal, and olaui'e 187 makes such certifleuto h release from further proceedings, civil or critninni. from (lie same cause. At first ha did not himself think then- had been a " heurina»" a-> mentioned m the Act., but nftcr consulting nuthoritinh and oarefullv concidfriog the tnatb°r, he bad oome to the isonoiueion that there bad been, and that the oare had been "di(iinii»ed on its merits " Hit Worship : You cannot >ay the caau was dismissed on its merits, i Mr Haroersley : If a proieoutor deolioed to go into the caso, or doe? cot go into tne case, and it is dismissed, that it a decision on the merits. 4a far at tho Court it madu aware, the caia bat no merit*, It would be unjutt if n pemon oould bring another into Court a seooud time alter allowing tha same case to be diimissud. The calling a cnto, the appearance of tbe party to r«aiet it, and the diaminsal of the cane consequent on tha nonappearance of the complainant wot, he oont«ndei, ■> sufSoienl Scaring, Id the former cue the prinoner was discharged, and thai oust be equivalent to a <liniiii?sil of the case. The question then nro»e, vna that a dismiss. >) "on tho merit*," and Air Hamerdey quoted several Oflfes to show that it wae. He had applied for the oertifiojtajbf diimiml mentioned m olaiiie 186, cited above, and if their Worships did no', b'dd with him be would apply for on mlj lurnnnin!, to enable him to procure a ■maxdanuu to forco the isiuo of the certiflpate. Mr White, m reply, naid the naees quoled by his learned friend wire nil c i«a« of uppeil, not one referring to a uiatter punUhablo summnrily. The proper bar to thu proceeding* wa« b certißoa'a lhat. tho ca?e had bi'ea dismissed on itfl moritii, and that oouUl only bi* giren after the c«e had been gone into. Olauso 186 required thnt thera ah»uld bn a. hearing. Thero libd beun do hearing. Tiio Oino was . called ; ths prosecutor wait aluent, for very good roeons • it wu» irapcesibU (<o hear it m tho absence of the informant, and' tbe case was dismissed j— no one on ul i »»y that was a (linn e>ai on the morita. The Court was urable to ascertain whether it hod any merits, — to do *o they must have ths evidence. : Mr White quoted MBit tilths* that under some circumstances 't oHimisHul did not oporate at a bar to further proceedings. Hfl Itlbmitted that tbe Bench iihould bear thn chip, and if there was unylbing m the phjeiitioa o( ths othor side, Lhey wouM huve their n-mocly. Bit Worship sairl t.tio casoa quoted by Mr Homeriloy bail raliod a doubt m his min'l whether the r»«e nne nit dismitsed on it* rntrite. Ha had been aked to aign m oortifiCBto of (lismisxil, but on ifning the words " diamiited bn its merits" m it ho refused io iigi) it, bocauto he' did not think it was. so dismissed. He wns not to sure uf that cow, ao<l would take time to consider. Mr Hamereley eaid, ii; reply to one of Mr While's remark?, that iomij of the c»«es ho had quoted were' summary jurisdiction ousts. Hit Wornhip adjournoii the Case till 11 i.m. on Friday, to enable him to consider the Id* referred to, and' tirdtcidfi' whether or not he would grunt tho Certiflcatc. J ; ' o«virj oAafe^. la tb'<) following aiiios ,{ud;;mont was giron for plaintiffs by dofnult : — • McKdown v. Emma Hops, claim £10, ooatu £1 Oj | A. St. G. Humeraley v. M. Scpllurd, claim £3 169 6i, OMIi i 16a ; Samo v. T. Hampton, claim £2 13a, ousts 7a ; MoOub A Moore v. 8. Rainsbi>lham; clnim 3i 9d,' ensts 7i ; J. Jackson v. Ja». SteWart, claim £8 o>, oostn IBs; R. Pianeell r. M. Chiltort; ctoini £88 Ss 4d, costs £1 (la, soliciior'a fee £2 2a (Mr Hamcraley for plaiiotiff) ; J. J; Daily V. J; Tnompeon, olaihi £4 fie t by 'oonsent ordered to pay 5a per week from 16th Feb. nekt, iv default 14 dayg' impriannmcnK. ''• ' W. 0. Bewick y. T. MaOlatohlc,' junr. Cl«im£H7*). Mr Khubloy 'for plaintiff, Mr Hamersley for defendant. , '.'.''.'. {In thit- onaefu3grneTit was given for plaintiff by 'dt-'fault ! t»t tho previbni Ounrt day, and dtfendnn't now applied For a rehenrini'. ]W.r Knubloy eppoJctt'the'iippliDntion on tiio |[round thnt. p)alb((ff ''onljirtocifdd'WotiPo' 61 d«femlan|.'B Mint-ion' Ufapfrlji flva niibutn's bifoto the Colin, «>*>•*,« w%eroki l the'rnViJß requiiW'thkt'g* htfuVt' nrflida b* yvon.

hat The application was dismissed, witbo at. costs. Lowe v. Collins. C!a ; m £2 St. Mr Hatnersley for plaintiff, Mr Whits i defendant. , The claim was for repayment of atu lA "J paid for hire of a spring (.-art while plaintiff was being repaired, it liavini; been damaged I defendant's cart coming into collision with i Defendant had paid (he c;ott of repairs ' tin) cult. The evidence wa» heard ton !, " weekt ago, and tho ease Adjourned for 001 cue eiderstion of tho qurstiqa on authoriti quoted, whether the hire of a vehicle to r — plnce a damaged orie wliil« under repair coul ,f. 'be claimed as part of the damages m »uc oaßea. Mr White remarked that. Mr Hatnerele hnd relied on a pnssage m " Addiion o Torts," — "In cases of injuries to ohatlel from negligence, the measure of damages i ihe actual deterioration m the value of th £ r ehaitel, and if i.bo owner has been deprived o . U| tho uns of the chattel and h«» been obliged t l( j hire another chattel . . . f uch darnt^" g. are recoverable if claimed m the plaintiff* th deoUtation." (4th Ed., p. 421.) He had lookec les through the procedim; and tuaoecding edition ,1, of AtldifOD, and strange lo eiy could not fim c . this paswige m them, and the cusps refsrred tc m support of the diotum did not bear it out j 0 and one case npposod it. Chbcs road. at Mr Hamersley admitted tlmt he had n< ie ca?e showing that, hire vtat, recoverable, bm ■ tl , there was no ease showing that it was not m and thers was the diotum of a writer of ad ,j miUed authority showing it was recoverable [ c If they lii'gan to doubt, tho text books thej |V would wander into nil sorts of fogs. If Iho passage was omitted m Inter editions it w.i a not marked as an en-alum. Mr HMnortlfj „ epoke for some minu(a< m defence of the [„ corrcct'-eas "f " Addi*on." ,j Mr Whito said »oly the other day m lh« t Supreme C'jurt here, m the case Bvans v. T Crawford, he hud quoted frnro Hie tame wriler, and His Honor asking for the caros 9 snid thoy did not bear out tho text. His Honor said tho text, book should never be . quoted, but the cnsei referred to. c Ilia Worship eaid he made it a rule not to . rely on the text books, but to go back to the esses. No eas9 had been quoted m which 0 a decision on the point had beon given, except c one oontraty to the plaintiff, and (lie opinion £ of the text hook writnr was unsupported. He t must give judgment, for defendant with ooets. " A St. G. Hameri'ley v. 0. Mutsoy— Claim, . £2 7s 2d, profeseional services. Plaintiffjtated the olnitn was for preparing , a release of inortgsgo for defendant frem the r Building Society who gave him the inatrucj tionj. but defend iut wus to pay lor it. t Derendmit aaid he knew nothing at all about it. He had paid off the mortgage but 1 had never got the rclep.se, and knew nothing , of it. except by hearsay. '. Th» Bend) ordered the caso to ttand over till Friday, for plnintifT, to produce souw cviL denoe from iho Building Society, defendant also being advised to make some enquiries of the Society. J. Moßobie v. W. A. Hobbi— claim, £1 1553.i1, balance due for work done. Defendant paid £1 4f into Court. Judgment for £1 7s 3d, and oosts 7s. Don't Die m the House.—" Rough on Eats " cloarn ont rats, mice, beetles, roaohes, bod-bngs, fliiie, ants, insects, moles, jackrabbits, gophera. MoseH, Moss and Co., Sydney, general agent*.— TADVT.] Skinkt Mkx.— " Wolls 1 Healtlißenewer" restores health and viaror, cures Dyspepsia, Impotence, Debility. Moses, Moss and Co., Sydney, general agents. — [Advt.J Wellb 1 " Bouor ox " Corns "—Ask for Wells' " Eon?h on Corns." Quiok relief, comploto permanent <iurc3. Corns, warts, buruona. Mosos, Mobs and Co,, Sydney, general agents. — lAdvt.T (1) Thk Bad and Worthless are never imitated or oountarfeited. This is especially truo of a family medicine, and it ia positive proof that the remedy imitated is of the highest value. A3 soon as it had been tested and proved by tho whole world that Hop Bitters was tho purest, best, aud most valuable family medicine on earth, many imitations sprung up and began to Hteal the notioes which the Press and the people of tho country had expressed the merits of H. 8., and m every way trying to induce suffering invalids to nse their stnff instead, expecting to make money on tho credit and good name of H. B. Many ethora started nostrums put up m similar styla to H. 8., with vurionisly devised u&mes, m which the word " Hop " or " Hops " were used m a way to induce people to bilieve thoy wero the same na Hop Bitters. All snob, pretended remedies or cures; no niattet what their stylo or name ia, and especially th jge with the word " Hop " or " Hops " m thoir name, or m any way eonnocted with them or their namo, are imitationß or counterfeits. Beware of them. Touch none of them.. Use nothing hut genuine American Hop Bittors, with v bunch, or cluster of green Hops on a white labol, and Dr. Sonlo's namo blown m the glaaa. Trust nothing else. Druggiafci aad Chemista are warned againat dealing m inu'tatiomi or conn-torfoita.-LAdvt.] (1)