RESIDENT MAGISTRATES COURT.

Wairarapa Daily Times, Volume 2, Issue 155, 9 May 1879, Page 2

RESIDENT MAGISTRATES COURT.

Masteiiton, May 8, 1879. [Before H. S, Wardell, Esq., P.M.]

0. Brown v. H. T. Hiaio—Debt, £l9 lGs4d. Judgment confessed for £lB Is 4d and costs. Mr Bunny for plaintiff. Same v. E, Y. Dixon—Debt, £l2 19s 5d.. Judgment for amount and costs, E. Feist v. R. Allen—Debt, £6 lis 6d. : Judginent for amount and costs.

A. Morrison v. T. and W..Yorke— Debt, £l6 Cs. Mr Bunny for plaintiff. Judgment for £l2 3s and costs. The amount in dispute was the difference be-

'tween 7s and 8s 'per day wages, the point being settled in favor of v'tlie. plaintiffs claim for Bs. W, Perry v. A, Salvigni—Debt) £5 lis sdj / Judgment confessed for amount and costs, < \

Ed. Arnold v. John Souper^Assault, Mr Skipper for plaintiff, Fined £5, or one month's imprisonment,-, The Court considered that the assault, though not violent,' was unprovoked, and should be marked by a severe penalty. ' Constable Scale v. John Smith—Charge of being drunk and disorderly. Fined 245, or one month's imprisonment.

Elizabeth White v. John White,—Prosecutor charged her husband with knocking her down and kicking her on April 2Gth to get the balance of half-a-crown from her to spend in drink. She had her baby weeks old) in her arms at tho time. Had been married twelve months. Her husband was in the habit of getting tipsy and abusing her when in that state.

The prisoner admitted the charge generally, -but pleaded that his wifo provokec him.

The Court said that while it was necessary to punish ill-usage to any woman, it hardly liked to pass a sontenee which woflld widen the breach already existing between the man and wife, and intimated that if Mrs White desired it, her husband should be called' up at a future day for sentence.

Mrs White (after an adjournment): I will let him be punished, the same as he punished mo.

The, Court regretted that Mrs White could not feel herself justified in asking it to deal leniently with the accused. The conduct of the prisoner had been most disgraceful, nor could the plea of intoxication bo accepted as a palliation of it. The sentence of the Court would bo one month's imprisonment, with hard labor.

Public Trustee v. F, Morgan—Posses sion and damages, £2O. This case was argued at last sitting judgment being reserved.

The Court said that this action was brought by the Public Trustee for the possession,of Section 10, Masterton, Ho held with Mr _ Beard that the power claimed by Mr Bunny for the Trustee was not given by the Statute, and that the plaintiff could not recover. The land was not unoccupied, and there was not sufficient evidence of the absence of the original owner of it,

Plaintiff nonsuited. Mr Bunny giving notice of appeal.

Whakahauraiigi v. E. Meredith Junr.— Claim for possession of ;i horse or valve L4O. adjourned from last sitting, Dr Buller for plaintiff and Mr Bunny for defendant, Judgement for plaintiff, H. Bentleyv. J. Whakamairi.—Debt, £3O 9s sd, Judgment confessed. A, Falloon v. J. Greaves,—Debt, £ls. Mr Skipper for plaintiff, Mr Bunny for defendant. Judgment for £ll 10s and costs.

W. Kibblewhito v, E, Meredith, senr.— Debt, £7. Mr Skipper for plaintiff, Mr Bunny for defendant. Claim for fencing. Plaintiff non-suited with costs. AX INTERLUDE. . Mr Beard asked permission to address the Court on a circular letter the bar had received respecting a rule for the issue of summonses, which would be inconvenient to the profession and the public, By the new rule a summons taken out the followday would not be heard for one month. Ho submitted that it was inefficient clerical and bailiff assistance which required remedying, and tlia't this was the real cause of so many summonses not being served.

Mr Skipper supported Mr Beard, He thought th6re would be no object in having a Resident Clerk at Masterton if they could not got summonses when they wanted them. He doubted whether, with all respect to the Court, so rigid a rule as the one proposed was not ultra vires.'

The Court believed that the difficulty in the service of summonses was not from the laok of energy on the part of the officers of the Court, but from the profession sending in their applications in batches at the last moment. Though the statute fixed 48 hours as the minimum interval between the issue of a summons and the hearing of it, that time was inadequate in many cases for a defendant to get up his defence, and if a longer period were given fewer adjournments would be requisite. He was willing to confer privately with the bar on the subject before bringing the new rule into operation, With reference to the appointment of a resident Clerk at. Masterton, his attention had been directed to a paragraph in the Waikarai'a Daily, which stated that he had been instructed to place one there. He had represented to the Government that it might bo desirable to try how it would act to have one,, and he had been authorised to try the experiment, but had not been instructed to locate one, At any rate, he would station a clerk at Masterton.

Mr Bunny called attention to a report in the Waihakapa Daily of a case, R V. Smith v. J. G, Rockel, in which judgment was recorded for the plaintiff. It appeared that through a misunderstanding Mr Bunny, who acted for the defendant, was not present at Greytown when judgment was given, The Court stated that judgment was given for defendant, not for the plaintiff; and concurred in a remark made by Mr Bunny that what a paper stated was not always true.

Oakturton, May 7, [Before H. S. Wardell, Esq., R.M.] James Inglcy v, Thos, Fisher-Debt, £2O, Judgment on confession. G. Cameron v. John McGuive—Dobt, £10133 Cd. Judgment on confession. George Coc v. Robert Goodin—Detinue, 15s 9d. Judgment for defendant, ivith 10s expenses.

D. Price v. D. Keer—Debt, £l. Judgment for amount and costs. Thomas Bennett v. Thomas Catt—Debt, £42 13s. Mr.Beard for plaintiff, Mr Bunny for defendant, Judgment for L 33 10s and costs.

A, Armstrong v. E, A. S. Wakelin— Debt, L4116s Gd, Mr Beard for plaintiff, Mr Skipper for defendant. Adjourned to 21st inst.