Resident Magistrates Court,

Wanganui Herald, Volume XXII, Issue 6499, 30 April 1888, Page 2

Resident Magistrates Court,

Mosdax 20th Apim. (Before B. Ward, Esq., BJkT.) ' BBE4OH 05 !eHB LICENSING- act. J. Watkins, of the Nevrmarkefc Hotel, was oharged with exposing liquor for sale at Balgownie without a conditional license. Mr Hutchison, for the accused, acknowledged that the liquor was sold. He called H. E. Dymock, clerk of the 'Waitotara County Council, who stated that C. M. Kingsecretary of the Rifle Association, made an application for a conditional license, and! brought with him a certificate from two members of the committee— Messrs McOaul and Mitchell. Told M* King it could not be issued for Good Eriday, and witness refused to give a license, though ho afterwart? granted one for the Saturday following. By the Police— As a matter of feet hedid not issue a licenso for- tho 30th March. ' C. M. King, secretory of the Wanganui Eifle Association,, stated that he had applied to Mr Dymock for a conditional license far" Mr Watkins. By Sergeant Anderson— Ho got a license for Saturday, but was refused one for Good Friday. Mr Hutchison asked for the dismissal of the case under section 159. He contended that Mr Dyniock's action in restricting the licenso after its issue by two members of the Licensing Committee was immaterial! His Worship thought that when the liquor- was exposed for sale at Balgownie the only license in existence was that of the Newmarket Hotel. His Worship did not consider that there had been a wilful contravention of tho Act, and a nominal fine of 10s and coats 25s would he thought meet tho case. CIVIL OASEB. P. W. Watkins v Andrew Murray, claim £i. No appearance of defendant. Judgment for plaintiff, with costs 6s. Mitchell and Richards v g, Haywarcf claim £3 15s 9d. No app#«anee of defendant j cmo struck qitf fa consequence of an informality , s tyo. affidavits. Sash, arid. Poor Company v '(Warn MavahalJ, claim, £7 17s. Do apptarance-of dofondunt. MrSpurdlo, manager for tho Company, proved tlys pW), and judgment »ai givon for th<v amount and 16s coats. , Hugh Bix* x Alexander Catbro, claim £•1 No appearance of defendant, who lad Wid £2 It's, and judgment was given forthe ■ balance, £1 10 a, ar*d costs 20s. H, Muck v J. P, Donne%, rfaim £i Be. Nq nppp«ranco of dofendant. Judgment was given for the amount, with costs Us i • ?=/• H T am r claim £6 4s. No appearance of defendant. Judgmontfor the amount, with owls 15s Sash and Door Factory v R. 0. Birch, claim £9 14e, on a judgment summom. Dctendant wroto stating that he had notth* means cither tp, uttend the Court o<pay Hip. amount, |4Vcose. was adjourned in older IW% plaintiffs to produoo evidence of the> abihty 01, tl(e defendunt to pay thß-aniQUß.*,. THK DIbPDTEi) HORSi CASK-

Mr Betts appaared for tho plaintiff and Mr Hutchison for the defendant. Mr Betts intimated that as the evidence was identical with that given inaprevioua case on April 16th, both .sides had agreed to rely upon the notes and recollection of His Worship. The claim was mode up of the difference between the purchasing price of the horse, " Zulu," in dispute, and the £2 13s fid for thirteen days' livery. C. H. Chavannes stated that after the judgment of the Court on the 16th tnstant, he had taken the horse over, and kept him to the 21st, when he was sold by auction at Jackson's yards. He received £1 9 13s after the payment of auctioneer's charges. By Hutchison — He told Mr Jackson that the none had been in harness, but he could not guarantee him. He did not hear Mr Jackson wy that the horse was sold with all his faults. Samuel Powell was called to prove that the hone had not deteriorated in condition between the date of the last ease till he was sold by auction. By Mr Hutchison — He found the horse'a side blown, which would develop into a ring bone. This was the reason for colling him unsound. T. Rowe, trainer, said that he could not regard the animal as a sound horse. Charles Enderby recollected seeing Mr P. W. Watkins in Wellington, who asked him to examine the horse Zulu, stating that he had given the animal a " rick " on the way down. He found tho leg between the knee and fetlock joint swollen and strained. It was, he believed, the off fore leg that was effected. The injury received by the horse would always be a weak point in the horse. Win. Erkwood, farmer, was also called as an expert to prove.unsoundness, Thoi. Hall was called to prove that ho ' saw the horse Zulu yesterday afternoon in harness, but it would not go. W. S. Flcetwood corroborated the last witness: Thia was plaintiffs case. Mr Betts then addressed the Court, contending that the amount of damages was as between the selling price and th« price given for t jo animal. Mr Hutchison contended that the rule quoted by his friend was obsolete and had been overruled by Maine who laid it down that the amount of damages depended on the actual value of the horse without the defect and its value with the detect taken into consideration Mx Hutchison then went on to contend that there was no warranty', no guarantee of soundness in wind or limb was stipulated and the trial in harness which was agreed to disposed of thatmattor. Hia Worship held that representations made to Mr Chavannes were that the horse was sound and quite in harness. He believed Mr Watkins believed the horse was sound at the time, but His Worship was satisfied that it did not fulfil theßetwo conditions. He thought Mr Chavannes should have sold the hone five days after the time the horse was offered back to Mr Watkins and his case would suffer by it. Judgment was given for £6 7s, and £1, for livery and costs, 225; witness expenses, IBs 6d ; council fees, £1 Is. A HICK POINT FOB PAWHBBOEBBS. J. O. Hughes v J. Solek, claim 8s 6d. Mr Hughes stated that he had purchased a pawn ticket and when he went to claim the watch he received an account for 8s 6d for cleaning it. Witness contended that this charge was illegal and against the Act. — Mr Salek gave evidence that the ticket bore an endorsement "clean and repair watch." — His Worship expressed a doubt ns to whether a pawnbroker had a lien, and ho therefore reserved judgment. OEDEE CANCELLED. Sparks v. Sparks — Hr Hutchison intimated that Mr Barnicoat purposely did not intend appearing, and he asked the Court to cancel an order made in February last. The order was cancelled. The Court then adjourned.

It is understood that the Hon. Sir H. A. Atkinson, and the Hon. Mr. Mitchelson will arrive in town by train this afternoon.