MAGISTERIAL.

Star (Christchurch), Issue 4165, 26 August 1881, Page 3

MAGISTERIAL.

CHBIBTCHUROH. Fbidat, August 26.

(Before Caleb Whitefoord, Esq., E.M.) pBUNKBKNBas. — Two first offenders, for being drunk and disorderly in Gloucester street, were fined 5s each, and ordered to pay cab hire Is each.

Labobnt.— Thomas Lamfcert aZics James Ashby was oharged with stealing three Cardigan jackets, value £1 7s 6d, the property of Walker, Smith and Go., of Sydenham, on July 9 last. Sergeant Mason asked that the prisoner might be remanded till Tuesday next, as there were several other charges of a grave nature pending against him of breaking and entering shops. A boy, Charles Birmingham, a neglected child, was also implicated in these charges, and the sergeant desired that he also might be remanded till Tuesday. The prisoner and the boy Charles Birmingham were then remanded to Tuesday next.

Bbhach 07 Biaughtbb.Housb Act.— A charge against — -Ell, of Bingsland, for a breach of the Slaughterhouse Acfc, was adjourned to September 2, on the application of Mr Perceval.

Nbglbctbd Ohiidbbn.— Henry, John, and William Birmingham, children agedrespeCively nine, six, and four years, were brought before the Court as neglected children. Hergeanfc Mason said that the father of the children had deserted them, and was now in Wellington. The mother, who was in Court, i had been living with the prisoner in the last case, and the Magistrate of Wellington had declined to make any order for the father to pay, in 7 consequence of his wife's conduct. The woman had threatened to desert them. The mother denied that she had refused to support the children. She had worked for them when she was able to do so. Sergeant Hughes said that Mrs Birmingham had been living with Thomas Lambert for the past two months. She was given to drinking, and the j children were neglected ; they never went to school, and had no change of clothing. His Worship siid it was very desirable that the children should be taken from the mother. They would be Bent to the Bumham Industrial School till they attained the age of 15 years, respectively, to be brought up in the Boman Catholic faith. CIVIL CASES. Chambers v. Tayiob. — Claim £20, for personal effects seized by defendant as trustee in plaintiff's bankrupt estate. Mr Stringer for plaintiff, Mr Joyce for defendant. Plaintiff said he had filed his declaration of insolvency on May 17. Mr Taylor, defendant, was appointed creditors' trustee, and subsequently he came to plaintiff's place at St Albans and took away all the furniture, Ac., with the exception of a table, one chair, a bed and bedding, a child's cot, and a little crockery, the whole being of the value of £5. Witness had now no other property ex* cept the £5 worth of goods left by the trustee. Cross-examined : The statement of assets and liabilities filed by witness was correct, in which the assets were stated at £14, and the liabilities £47 7b 6d. Had bought some potatoes, worth £25, from Mr Dowdall about three weeks before he filed. Had sold them at a profit, and had paid the money away to creditors. Had given it to his Mrs to yar away for him, but could not say whether it had all been paid to creditors or not. Had not told Fletcher, who worked for him to prove on his estate for £5. A man named Palmer had worked for him before he filed. Did not include Palmer's wages in his schedule, because he did not want to cheit him of his wages. Had a watch when he filed. Could not say when he bought it|; thought it was last year he had bought it, at Cohen's, in Colombo street. Paid £3 for it, and owed £2 on it. Owed Mr Cohen money when he filed. (Mr Cohen was creiited with £4 on the iohedule.) Had bought other tLings from Mr Cohen, but could not Bay what he was to pay for them. Had sold a dray, horses, and harness for £35, and received cash, and hired them at £1 per week from the purchaser. Owed him about £4 but did not include the amount on his schedule. Had sold the watch subsequently to the insolvency. He-examined : Borne clipping tools were taken away by the trustee, and retained in a useless condition. Plaintiff's wife gave corroborative evidence. Jameß Palmer said he had seen the articles left by the trustee; he thought they were worth £7. Defendant stated that he had been appointed creditors' trustee of plaintiff's estate. Plaintiff had told witness that some fowls belonging to a neighbour had been seized and Bold, also two drays and horses, besides the articles mentioned by plaintiff; witness had left him two boxes containing linen, and a perambulator. Considered that the goods left were of the value of £25. The sale of goods had realised £36 15e. Witness had collected £4 of plaintiff's debts ; had closed the bankruptcy before receiving notice of the present action. Had received notice from plaintiff's solicitor that there was an objection that the amount of goods left was insufficient. Fletcher stated that he had worked for plaintiff at the rate of 6s per day. When he filed plaintiff owed him a week's wages. Plaintiff asked him to make out an application for £5 for wages, but witness declined to do so, Had seen the goods loft), and estimated tho wearing apparel alone at £20. Tho watch was bought after plaintiff filed. Mr Joyce would submit that the Court had no jurisdiction. Mr Stringer said that this was not a matter of bankruptcy ; it was an ordinary case, and the fact that it uroee out of v bankruptcy case did uot affect it at all. Ho contended thai tho

Cottt hnd jurisdiction. The only question was, had the plaintiff been allowed to retain posßeaeion of goods to the value of £25. His Worship fia ; d that he would not go into the question of jurisdiction, but would deal with the case on its merits. It was a matter of the credibility of the witnesses, and His Worship did not think that the eridence of the plaintiff wbb worth the paper he had written it down on. Judgment for defendant, with costs and witnoßees' expenses. Miscellaneous.— Judgment for plaintiff by default in the following cases, with costs : —Taylor v. O'Malley, claim £19 8s ; Melton and Aikman v. Le Fleming, claim £20 ; Price V. Butler, claim £9 2s 10d.— In Mataon and Co. v. Wilson, claim £3 2s 6d, for a horse sold to defendant at Tatterealls, defendant said that be had bought the horse at one of the Saturday sales, and on the following Monday when he went to take delivery the horse was dead. It appeared, however, that from the conditions of Bale the purchaser was responsible for the animal at the fall of the hammer. Judgment for plaintiff, with costs. — Wiiliams v. Gates, claim £11 10s, being half the value of a fence erected by plaintiff betwoan the properties of plaintiff and defendant. Mr Holmes for plaintiff, Mr O'Neill for defendant. Plaintiff said that defendant had authorised him to pay the amount of the claim on hi§ behalf. Two witnesses who had erected the fence, deposed that the defendant had given them instructions while they were engaged ,on the work. Defendant denied that he had ever authorised the erection of the fenoe, and fuither said that the fence had been badly put together. Judgment for plaintiff, with coats.

"IiXTTELTON TIMBS 1 ' COMPANY T. TATLOB ahd Papps— Claim, £3 6s Bd, for advertising. Mr Beeves for plaintiff, Mr Btringer for defendant. An agreement had been made between plaintiffs and defendants, whereby the latter was to have the use of a cer-. tain space in the Star newspaper for advertising purposes. Becently the defendants had inserted an advertisement which had been complained of as reflecting in a personal manner upon another tradesman. The proprietors of the Star had refused to continue the insertion of the objectionable paragraph in defendants' advertisement as soon as the matter hud heen brought under their notice. Defendants had stated that they considered the agreement broken, had withdrawn their advertisement altogether, and now objected to pay for the amount claimed for advertising pre vious to the withdrawal. His Worship gave judgment for the amount claimed and costs, and remarked that the proprietors of a newspaper were quite justified in exercising a discretion as to what was admitted into their columns as advertisements.