RESIDENT MAGISTRATE'S COURT.

Timaru Herald, Volume XLI, Issue 3289, 13 April 1885, Page 3

RESIDENT MAGISTRATE'S COURT.

WAIMATE— Ebiday, Apbh. 10th. (Before H. W. Robinson, Esq., R.M., and G. C. Stacpoole, and J. Manchester, Esqs, J.P's. POHCE CASES. The Police were complainants m the following cases :— James Antino for being drunk and disorderly on the 9th instant was fined 10s, and for using bad language on the same day he was sentenced to be imprisoned for 24 hours. J as. Lynch for being drunk was cautioned and discharged. For being illegally by night m an outhouse belonging to Mr N. Hillary, Jas. Mitchell was sentenced to 48 hours' imprisonment. James Meehan was summoned for allowing his horses to wander on the railway near St. Andrews, on the 23rd instant. The trespass of the horses was proved by two men employed on the railway at St. Andrews. The horses, it appeared, were given to defendant's brother at St. Andrews, the defendant himself residing at Makikihi, more than seven miles from the place where the horses were found. As the evidence did not show that defendant owned the horses, the case was dismissed. Wm. Quinn was summoned for allowing a horse to stray on tho railway line near Makikihi station, on the 23rd, and pleaded not guilty. The Engine Driver on the train going north on the 23rd instant said it ran into a mob of horees on the line at defendant's private crossing. The two gates were open at the time. One of the horses was shoved aside by the engine. The train was stopped, and lost about forty minutes. One of the horses ran to a bridge, whero the train had to wait until it was'extricated. Defendant said the Government had not put down a proper crossing for him, and horses or cattle could not be taken over the line without three persons assisting. His Worship said sufficient assistance must be had to cross horses or cattle, but m no case Bhould it be done while a train was due at that point. A fine of £3 and 7s colts would be inflicted. P. McAuniny was fined £5, with 7s costs, for driving a horse and buggy along a portion of the railway line neav Waitaki North on the 23rd , Maroh last. The defendant pleaded guilty to being on the line, but said he had mistaken his rood m the night. CIVIL CABB3. Judgment by default was given m the cases Manchester and Co. v. Piatt, claim £14 Is 2d, and Werges v. Guilford, claim £16 lls9d. . Lovegrove v. Morrisby — Claim £100. Mr White appeared for the plaintiff, and Mr Clement for the defendant. This claim was for recovery of damages and loss sustained by the plaintiff m consequence of breach of covenants of a. lease of land let to the defendant by the plaintiff. Loss from neglected fences and gates, a house which had been burned during the tenancy and which was uninsured contrary to agree- ' merit, and other items were claimed for. > Judgment was given for the plaintiff for ; £53 and costs. i Robinson v. Rickman, £2 2s, price of pigs 1 sold by defendant as auctioneer for plaintiff. Defendant said a contra account of a greater amount than the sum now claimed, i was due to him by plaintiff's mother, but he t had neglected to file a notice of set-off m 0 time. He had sold the pigs for the plaintiff, i and retained the money as part of the debt due by plaintiff's father and mother, n Judgment was given for plaintiff, and 1 execution allowed to be Btayed for fourteen c days, so that a cross summons might he heard c before it was enforced. c E. Hunt v. H. Cain— Claim, £11 7s 9d ; 1 same v. John Crawford, £2 7s 3d ; and same a v. A. Chisholme, £8 18s. In these cases Mr White appeared for the c defendants Cain and Crawford, Mr Forster on c , behalf of Messrs Saudo and Sanderson,

assignees of the book debts of the plaintiff, and Mr Clement appeared on behalf of the Deputy-Assignee m Bankruptcy, the plaintiff haying been adjudicated a bankrupt since the issue of the summonses. _ . . After a great deal of legal discussion it wae at last consented to by all parties m tho cases against Cain and Crawford that the names of Knud Sando and James Sanderson, as Msigneeß of the book debts of the plaintiff be substituted for that of Edward Hunt, and the amendment being allowed by the Bench the cases were proceoded with. Both cases were brought to recover accounts for bread supplied. That against Cain was nonsuited, as the account did not set forth the particulars for which payment was claimed, being merely an account rendered. The case against Crawford was also nonsuited, on the ground of insufficient proof of the supply or delivery of the goods mentioned m the account. There was no appearance of the. defendant Chisholme and no solicitor, consequently there could be no consent for the alteration of the names of plaintiff as obtained m the other cases, and it was withdrawn at the plaintiff's request. Tho discussion of legal questions arising out of the hearing of these cases occupied the Court a long time. The fact of Messrs Sando and Sanderson having bought tho book debts of Hunt a long time before these actions were commenced, and then the bankruptcy of Hunt occurring shortly after the issue of summons now heard, rendered proceedings unusually complicated. Waimate Borough Council v. Mrs Walton —Claim, £14 18s 6d. Mr Clement for the plaintiff. This was a judgment summons to enforce a judgment of this Court obtained last October for payment of rates and asphalting of footpath. The defendant was examined as to her means, and an order was ; made that she pay £4 18s 6d on or before the Ist of May, and the remainder of the sum with coats, by instalments of £1 on tho first day of each succeeding month ; m default seven days' imprisonment. Several other cases entered for hearing were settled previous to the sitting of the Court. ______________^^ mmmm