MAGISTERIAL

Ashburton Guardian, Volume VII, Issue 2087, 14 March 1889, Page 2

MAGISTERIAL

ASHBURTON-THURSDAYv (Before Mr 0. A. WMyJR.M.) ~ DEUNKBNNMS. A. Restienx was charged with disorderly oonduot while drank. Sergeant Felton. aaid that the man was m the habit of loafing abont pnblio houses and begging drinks from oth;f men, whom he wonld assault if they did not give him what he wanted. He had been oautloned about his oonduot, bat the warning was of no use. — Aoousedsaid that if he were let off he would be oat of town if half an hone* — The Magistrate said he oonld not let the aooused off on inoh a oharge without punishment. He would be fined 20s. or 48 hoars' Imprisonment, and if he came before the Oourt again he would be. paniahed maoh monß severely.. '..' A HUIBAKOB. George Grloe and Arohlbald AftLtod were charged with having suffered a dead animal to remain on certain property on the Lagmhor road, so as to beoome a nuisance to passers by.— Sergeant Felton stated the oirotimstanoes of the .o§se> Grioe had a horse running In Molieod's paddock, and the animal breaking Its leg was shot, the body belo^ allowed to remain unburfed about a fortnight. Qrioo promised MoLeod that the horse would be burled, but neglected to carry out hi* promise, saying that he had been busy harvesting and bad forgotten. The horse belonged to Grioe, bnt was running on MoLeod'a land, and under the section of the Act the police had to lay Informations against both patties. — Me MoLaod s»ld the land if aa. let to Mr Grloe;— Under these olrcumstances the police applied for leave, which was granted, to withdraw the information against MoLeod.— Mr Grloe said he had forgotten to bary the horse,, being In the thick of harvest at the time*, The body was at a considerable distance from the road, and very little nutoance. oonld be oansed. — A fine of 5i and ooati was Inflicted. gALLEOBD ILLEGAL FISHINC?. Reginald Felton. Leonard Felton, Gastavuß Worner, and William Heflord, four youths, were ohajged on the information of Edward Gale, Banger to the Acclimatisation Society, with having on February 12 used a device other than red or line for oatohing trout. — Mr Crisp for -the Ashbarton Acclimatisation Society, Mr Clayton, for Mr Wilding, for defendants* — The case was adjourned by aonienf for a week. CIVIL OABBB. J. Rnasell v J. Stewart, claim £3 3i 6d"; -=M* Outhbertson for plaintiff, Mr Crisp for defendant— This case had been twice before the Oouit and adjourned each tfime for the production of a certain deed. Slnoe laat sitting of the Court plaintiff itad filed, but Mr Cuthbartson, instructed by the Depnty Official Assignee, asked . lot leave to continue the case— Mr Crisp submitted that such protttdnoe wa» Invalid, plaintiff being an uneettifiosted bankrupt bad no power to sue.— Mr Outhbertaon said jadgment could be given for plaintiff, and an order made that the money be paid over to "the Assignee.— Mr Crisp aaM that anon a ooncse would have the effeot of making the bankrupt trustee for the Official Assignee, Instead of the Assignee being trustee for the bankrupt. — Mr Cnthbert^ son said he conld, If neoesatry, apply fof leave to amend the particulars of demand, so as to constitute the Official Assignee the plaintiff.— Mr Crisp argued that thls> could not be done, and that the Magistrate had no power to deal with the oases m tho way suggested by the other aide.— - The Magistrate said there was a olanse la the English Aot giving the Assignee power to continue an notion commenced by the bankrupt prior to his filing. He did not see any suoh provision In the New Zealand Statute, however. — Mr Cuthbartson referred to the case " Black v Frledlander 4 fl heard In the Supreme Court some time ago, m whloh he said that the plaintiff became bankrupt after commencing the aotlon, but that proceedings were oontinued by the Assignee. In all likelihood Mr Clayton remembered the case.— Mr Clayton said that In that case , the Assignee's name wao on the reoordi ; la this oase, ha took It, the Assignee's name was not on the records.— After some argn> ment had taken plaoe, Mr Clayton, as ea amicus curia, suggested to the Court thai the question It had to consider wss Itt power to add another plaintiff's name, — Mr Crisp said, In referenoe to the oase of " Black v F-rledlander," that the Supreme Court had powers to deal with suoh oases, which the Magistrate's Court did not posseßS.— After Borne farther argument, the Magistrate decided that he had no power to deal with the matter, and nonsuited the plaintiff. J. Henry v A. Wells, judgment summons £10 16s lOd. — Mr Oathbertion for judgment creditor. — Order made for Immediate payment/in default one month's) imprisonment. The Court then rose.