RESIDENT MAGISTRATE'S COURT

Western Star, Issue 1056, 16 June 1886, Page 2

RESIDENT MAGISTRATE'S COURT

Tuesday, 15th June. (Before H. McCulloch, Esq., R.M.) BREACH OF THE MUNICIPAL BY-LAWS. Robertson (Inspector of Nuisances) v. J. Roderique.—A charge of allowing one cow to wander within the bounds of the municipality. -—Fined ss, costs 7s. Same v. C. L. Richards.— i charge of suffering a horse to wander in Dowling street. Plaintiff said tho ease was an aggravated one, and he would a=lc to be protected from abuse while discharging a publie duty. He found the horse in Dowling street, and in j driving it to the pound defendant’s wife interfered with and would not allow him to caich it. After chasing the lnr.se for some distance, defendant’s wife following him and preventing him from seizing the horse, and abusing him meanwhile, plaintiff gave up the pursuit.—By defendant: I called your wife a liar, and I can prove it. I did not use any foul language. —Defendant said ho was no l at homo on the dale that the horse was alleged to have trespassed.—Fined ss, costs 7s. Some v Arnett.—Defendant was charged ■ under section 33 of the Municipal Corporations Act, with having hft a cart lying upon the street without a horse or other animal harnessed thereto,—Plaintiff having prove! the case, nMr O’Reilly, fur the defendant, asked that the case be dismissed on the ground that plaintiff Ind not proved Ids authority to sue. The by-laws had not been authenticaiecl, as the seal had not been fixed thereto and attested. After argument about the by-laws having boon regulaily put in, the Magistrate said ho would hold over (he case until next court day to permit of time to look up the Act with regard lo the production of tho by-laws, and be remarked that he did not think tho seal affixed to the copy of bv-l iws produced was the correct seal, as.it had been affixed in (he most slovenlv manner that it could possibly be put. on a book, BREACH or THE SHEER ACT. Douglass v. J. Swlian.—Defendant was charged with having four pen of sheep at Thombuiy sale yards infested with lice.— Defendant pleaded guilty, but stated in extenuation of penalty that he was not aware that tho sheep wore so infected. —Mr Finn, for defendant, asked for mitigated penalty as it was a first offence.—The Magistrate inflicted a penalty of £3, and remarked that the offence was a very serious one for stock owners, as they might got their stock infected. Mr Douglass did not ask for an extreme penalty, but he had received instructions to attend all sale yards and inspect sheep, and in future ho would insist upon a full penalty. CIVIL CASES. Phillips v. Caldor.— I The Magistrate gave judgment in this case, which was heard at last sitting of tho court. Mr O’Reilly for plaintiff, Mr T. P. Finn for defendant. Judgment was given for plaintiff for £9, being 15s more than paid into court, costs £ll7s (id. W. Gruar v. J. Keith.—Claim £lO (>s Id. For plaintiff, costs £ll7s. Mr O’Reilly fori plaintiff. Robertson v. A. Bulman.—Claim £Blos lOd. For plaintiff, costs 19s. Smith v. Moffat.—A claim of £l4 10s. Mr T. P. Finn for plaintiff. Defendant admitted tho debt, but asked for time to pay same. Plaintiff declined and judgment was given for tho amount, costs £l. McLood v. Morrison. —Claim, £1 os. For plaintiff, costs 6s. [ Beijinger v. Aiinfcia P. T. Fiaa for

plaintiff, Mr O’Reilly for defendant. Plaintiff sought to recover £3 for damage done to a horse. Defendant took the horse without the knowledge of plaintiff, and rode it to Thornbury and back, and when it came home it was lame.—Austin said Mcßride took the mare from his paddock and rode it to Thovnbury, defendant riding it back with Mcßride’s consent.—N. Bates deposed to the mare being lame from being driven on the metal.—The Magistrate thought there was no case against defendant. Nonsuit, costs 10s 6d. Bellinger v. Clifford. —A claim of £lO cash lent, Mr P. T. Finn for plaintiff. Mr T. P. Finn, for defendant, asked for an adjournment on the ground that defendant was an inmate of the hospital at Invercargill and could not attend. Plaintiff deposed to paying £0 6s to Mr O’Reilly on defendant’s behalf, at defendant’s request, the balance being for interest and commission.—Mr O’Reilly corroborated that statement.—After hearing the evidence for plaintiff, Mr T. P, Finn again urged an adjournment to enable defendant to be present. He was instructed that it was defendant’s brother who was responsible for the amount. —Adjourned for 14. days. Campbell v. Arnett. —A claim of £lO damages in connection with the lease of a paddock on the Native reserve. Mr Brodrick, for plaintiff, applied for an adjournment to get tho attendance of a principal witness who had been subpeoned, who was too ill to appear.— Granted. —Mr O’Reilly for defendant. D. McLeod v. Hunt.—Mr Morrah for plaintiff, who claimed £3 4s 9d for sundry goods. For plaintiff for £1 9s 9d, costs 9s 6d. O’Connor v. Riverton Racing Club.—Plaintiff claimed £2O, tho amount of Steeplechase stakes run for at tho races on tho 24th hist. Mr P. T. Finn appeared for plaintiff, Mr Morrah. with him Mr O’Reilly, for tho defence. Tho parties agreed as to the facts of tho case, which were that plaintiff nominated the horse Givis for the Steeplechase. The nominations closed at 9 p.m. on tho 21st., and for that event the rules stipulated that no person who was not a member of tho Club could nominate a horse. On that evening, about 9.3 o—half an hour after the entries closed —O’Connor was duly elected and proposed a member of the Club. When the race came off, Givis came in first. A protest was entered against tho stakes going to Civis, by W. Saunders, tho owner of Pre-emptive Right, the second horse, on tho ground that tho owner of Civis was not a member of the Club at tho time the horse was entered. In the evening the 1 stewards considered the protest, and awarded the stakes to Pre-Emptive Right, the majority holding that O’Connor was not qualified to enter the horse up to tho time the nominations closed. Tho rules stipulated that no entry would be received except upon the condition that all disputes arising out of the races should be settled by a majority of the stewards, and defendants relied upon that rule for the legality of their decision. ' Plaintiff’s case was closed and part of tho evidence for tho defence was given when the case was adjourned till next court day for the production of tho Club’s minute book and to obtain the evidence of the secretary, who was unable to attend through illness.