The Courts.

Alexandra Herald and Central Otago Gazette, Issue 426, 14 July 1904, Page 5

The Courts.

JfAGISTBATFS COURT, ALEXANDRA. Monday, July llth, 1904. (Before F J Burgess, Esq, H.M.) Truancy Cases. J S Ryan (truant officer,. Otago education Board) v. A Larsen. Defendant was charged, on four different informations, with certain of his children had failed to attend school with the regularity prescribed by law. Defendant did nofrr appear. After hearing the evidenceSf Mr Closs, headBaxter, aa to irregwar attendance, His Worship inflicted a fine 2s, with 7i costs, on each information—total, £1 163. Same v. J Bruce; similar charge. Defendant did not appeal. Fined 2s, with 7s costs. Same v. B Tall; similar oharge on two informations. Defendant appeared and pleaded guilty. Fined 2s, with 7s costs in each case—total, 18s. Same v. Mary Hunt; similar charge. Fined 2s on one information. Sime v. R Mcßlwee; similar charge •d two informations. Fined 2s with 7s costs in each case—total, 18s. Ahmed Bbsaoh or Licensing Act, James McQueen, proprietor of the Criterion Club Hotel, was charged by the Police with that on June 24th, expose liquor for sale during hours when the hotel was directed to be closed. Sergeant Rogers conducted the case for the police, and Messrs J B Bartholomew and O C Hutton appeared for defendant, who pleaded "Not Ottflty. w Sergeant Rogers opened the case for the police, *nd proceeded to call evidence. Constable Dale, in his evidence, stated that at 11.10 pm on June 24th he saw two men enter the hotel. Witness followed, and entered the hotel by the back door, which was open. The inside doors were shut. Heard men talking inside, in the room adjoining the bar. There was no knob on the door-handle. He waited at the door till it was opened from inside, and he went in, . Saw several men in the sitting room, and the door leading to the bar was open. Going into the bar, he. aw M'Qaeen behind the bar, and two men in front of the bar, with empty glasses before them. The men, ao far aa he knew, were not lodgers, tad M'Qaeen offered no explanation for their presence in the bar, He knew that to get to the proprietor's private roosaa it was necessary to go through the bar. Evidence was given by six of those who were in the hotel at the time. The evidence of those who were in the Bar was to the effect that .they had had . a drink, which was paid for by one »vfeo toniidered he was entitled thereto, w he was a lodger, having engaged a room in the early part of the evening, and which he subsequently occupied. The evidence of the others was to the effect that the sitting-room was generally used by the lodgers and boarders, and that they were sitting there by the fire talking. The dopr leading to •be bar was closed. After Mr Bartholomew had opened his case for the defence, His Worship said that the evidence before him was " not sufficiently strong to justify him in eonvicting defendant on the charge of exposing liquor for sale, so far as those In the sitting?room were concerned. Mr Bartholomew then called James " M'Qaeen, the defendaqt, who corroborated the evidence of a previous witness aa to the engaging of a room en the evening; of June 24th. Mr Bartholomew said he was pre, nand to call further evidence regard- • iag the engagement of the room, la firing judgment His Worship •aid that from the evidence he coneluded that the witness who had paid for thf drinks in the bar was a bona fit lodger, and was therefore legally entitled to gat a drink and threat bis friends. The .information would be ditiif' M sd. Ii&iCAL Posaaamioy ov Orrox. Coe&mwiocti of Customs v Sme Cbong; eharg* of being. Ultf ally in poeaessfon of MKBJn. within (he meaning of the Act. PofiadanV pleaded *f Not Guilty, Sc Bartholomew appeared for plaintiff, aad Mr Hutton for defendant. The evidence of Constable Dale, who •Sad* the seizure, was to the effect that tit*» day • prariooa to Jane 28 th he noticed - a parte! in Craig and Go's i ffioe, addressed ** A Anas, Alexandra." His suspicions were froased and he snspected that the parcel aontained opiaia. On Jane '2Bth he saw See Cboog leare the coach office with the pawel in his possession, Witness took the ■SSfsi from the accased, and on opening it fie foead it to contain ten tins of opium. Baalso got from the accased a delivery •Met, the writing on which corresponded with that on the parcel. Br tiregg gave evidence to the effect that the opium produced was of a kind suitable far smoking. The defence was that the parcel was in tended for one Tin Sing, and that accused bad «B)y called for the parce*; and was not aware what it contained. Two Chines* witnesses gave evidence to the elect that such a person as Tin Sing tu in existence, and that be had left AlexJSjiW for Oromwell, saying he would l,c back in a week or w, but had not returned. After bearing counsel, His Worship found P£s* the ease had been proved, pefendant woai3*be convicted and fcned £5, with costs (gl Is), the opiam to be confiscated. WAIDHNTs COURT. ALEXANDRA. Monday, Jaly llth, 1904, (&•*•« f J Barge** £*}. Warden) Interpose G, D. 00., special dredging claim, section 14, block VII, Leanlog Book, 52 "acres,—Granted for 42 years. damea Rivers, extended alluvial eiajin, sa, at White Hill, Manorburn, U&antdd for 42 years.

J.tmes Rivers, tail race, at mouth of Ed ward's Gully, Manorburn Creek. —Granted for 42 years, on conditions. B W Davis (Mr Hutton), special dredging claim, section 46, block VI, Tiger Hil, 42a 3r 14p.—Form of license be submitted to the Minister for his consent. New Golden River G. D. Company (Mr Bartholomew), special dredging c aim of 27a 2r 33p, section 60, blosk 11, Oairnhill.—Adjourned to August Bth, pending completion of survey. Enterprise G. D. Co. (Mr Hutton), surrender absolutely of special dredging claim 109 a accepted. John R Hutton), special quartz claim of 19 acres, Oonroy's Gully.—Adjourned to August Btb. F W Gray, exchange of title.—Adjourned to Clyde to July 12th. George Hesson (Mr Hutton), residence site at Bald Hill Flat.—Adjourned to August Bth. Each of the following applications, which have been before the court for some time were fully granted, on condition that the licensee will commence mining operations on the land within six months from date hereof:— Edwin Appleton, special alluvial claim, block VIII, Tiger Hill. J G Thomson, special claim, section 2, biock VIII, Tiger Hill. Robert Lee, special claim, section 3, block VIII, Tiger Hill, Henry F Norman, special claim, section 51, block I, Tiger Hill* R T Wheeler, special claim, section 52, block IX, Tiger Hill. Mr Ryan appeared for applicant in each case. Bobough of Alexandra v. Jambs Rivkbs. In this previously-heard case, His Worship delivered judgment at considerable length. He said that after considering the whole of the evidence he found that a breach of covenant had been committed by Mr Rivers, insofar that there were repairable leaks in the Speargrass race through which water escaped, and that, though sometimes impossible for him to do so, defendant had not supplied a head of water at the Borough's intake when he might have done so. He gave judgment for plaintiffs for £lO damages, with costs and witnesses expenses, amounting to £l2 17s 6d—total, £22 17s 6d Regarding the injunction prayed for. His Worship found that water was not turned into the head of Mt. Campbell race when there was sufficient water in the creek, and he made an order that water was to be turned in daring certain months of the year. Subsequently, however, it was pointed out by defendant that if water was turned in during portion of such time, damage would result to the race and siphon through frost, and His Worship agreed to withhold entering up judgment till next court day, pending a motion to vary the order regarding the injunction. The full text of the judgmont will be published when anally entered up, Mr Bartholomew appeared for plaintiffs, and Hr Hutton for defendant.