POLICE COURT.

Wellington Independent, Volume XXVI, Issue 3275, 11 August 1871, Page 2

POLICE COURT.

.» Thursday, August 10. (Before J. C. Crawford, Esq., R.M.) BBEACH OF THE MILITIA ACT. James Peterson, a foreigner, was charged wifch a breach of the Militia Act in having absented himself from drill. Thero was no appearance of defendant. His Worship read the following decision in tho caso:— "This is an action against a nonnaturalised foreigner for neglecting to enrol himself in tho militia, and in which judgment was reserved. Vattel, on fche subject, say3 — ' The citizens aro tho members of the civil socioty, bound fco fchis society by cerfcain duties, and Bubjeofc to its authority ; fchey equally participate in ita advantages. The natives, or natural born citizens, are thoso born in tho country of parents who are citizens, &c, &c. The inhabitants, as distinguished from citizens, are foreigners who are permitted to settle and stay in fche country. Bound to the sooiety by fcheir residence, they ate subject to fche laws of the State while they reside in ifc ; and fchey are obliged to defend it, because it grants them protection, though they do nofc participate ia all the rights of citizens. They enjoy only the advautages which the law or custom gives them.' Considering that foreigners are not exempted by the Acfc of 1870 from serving in the militia, I think that the above authority from Vattel is sufficient to show thafc the

Colonial Aot is not ultra vires. I shall therofore inflict on this occasion a nominal fine of one shilling, fco establish the principle." STEALING FBOM A DWELLING. Frederiok Hazelden was charged with Btealing a watch, the proporty of Joseph Dodd. Josoph Dodd, a shoemaker, residing in tho Wairaiapa, deposed that on Wednesday he •missed a watch from his bedroom in the Duke of Edinburgh Hotel. He last saw it before missing ifc on Wednesday morning afc aboufc 8 o'clock. He had never authorised any person to sell or dispose of ifc, nor had he given ifc away to any one. Tho watch produced was his. Benjamin Cohon, a pawnbroker, knew the prisoner, who went fco his shop und asked him to advance some money on a watch. Witness advanced 10s. The prisoner was committed for trial. OBTAINING GOODS UNDER FALSE PRETENCES. Patrick Conden was charged with obtaining, by false pretences, a horso, saddle, bridle, and spurs, the property of Robert George William^. The prosecutor deposed thafc he was a saddler living at Masterton. On fche 7th inst the prisoner spoke to him about tho purchaso of a horse, and other articles, to cost -£11 10s. Prisoner gave me cheques in payment, and said he believed they were good. On presentation tho answer was " no funds." Thomas Fraser Baldwin said he was ledger keeper in fche Union Bank of Australia, Wellington. Ho had seen the prisoner before. A man named Frank Hazelden had an account in the Bank in 1870, but he closed ifc on the 9fch of February that year ; the cheques produced are F. Hozeldeu's writing, but there are now no funds to his account. The prisoner said he got the cheque right enough. He had spent money on the road out of his own pockefc, and gofc tho £5 cheque for a share of it. He gave cash for tho £6 cheque to Cox, whose name is on the back of it. The prisoner was committed to take his trial at fcho nexfc sitting of the Supreme Court.