AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume 4, Issue 410, 9 July 1880, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

:■:> in;.' ..-..!•. t ,; ! . ■■■"■■" Tuesday, July 6. (Before Justin Ayltner; Esq., B.M.j) UNREGISTERED DOGS.

iW. Thomae was charged by Sergeant Willis with having two unregistered dogs in his possession on 17th of June. ! Defendant stated that the money for registering the two dogs had been paid to. Mr Barry, but that he had not received any ticket for them. He had given his eon the money to pay Mr Barry in the mjanth <of- Ap'rih i<) '» \ \: \ / jWefr. Ghamberjain tiolng called, stated that he had seen defendant pay the money to* Barry in his (witness's) house; that had been supplied at the time with pen, ink, and paper, and had taken the description of the. dogs, together with full particulars, down nt the time. Sergeant Willie contended that" tho Acf ( distinctly stated tha.t j-the dogs must «W registered in,a'book'kept for that purpose. IS. TBbmae'VAs braugiitj tip £n a similarcharge.!/", l i <■ Y\ / : v ..; He skid' thVj; he-lrfld. paid the money for regisfe'ring|he three v d£gß/ori, the! und.ere,tatiding that Barry wchild leaW col|ars and tickets at the Criterion HoteJ; but he hail failed to do tJO." .. \ ) I'he B'ei&h said,that B<ances|they/'^u)uld rf nat inflict'/v/hne. would tie necessary,, however, for bofy parities 'to 'iuimed&tely;' get their v aDg*e the prpper-manner. <-> ," .\« / j (?," Civil |a9bb. ( 'i > : - » i f WIOGINsi V.~ H. H,, f ) MASONIC LODGE, tto'M'666. C/aiinj £7 10s Gd.-~,%Mtfifng' as agent for Messrs Wiggifleanjt 06; A* Mining stated that thejiQCOuiit was for in the M/fifa *.nd -■ for printing ; that ismd ieeto rurtnrn^lin : Bince and that from the time of incurring, the ..first, item: ihe-.Lodge had paid pne,Dejtin.Y4,t,h|tlhe Lodg§ had, J)eeh M\M %Qsor M&Mth| "He l hadj'cfufingltne past' 'fo&r* moriths, applied weekly, first to one and then to another, but had oiily' beeii -stalled off upon every occasion. > Mr Fenton objected, iiri first place, to the fact that the summons'had been issued against H. H. Fenton, and not against " H. H. Fenton, treasurer to the Masonic Lodge." He asked the plaintiff whether he intended to sue him personally or as tieasurer.

The plaintiff stated that he bad made out the bill to Mr Fenton as treasurer, and that it was an omission on the part of tho Clerk.

' The Clerk asked , leave from the Bench '•to amend the,»'summons,- Avhich was granted. ■ , '"* Mr' Fenton then , stated tlialUhe account as before him had never been delivered to him before, and that he believed some time previously he rjad received an, account ;for the sum of £4 16s or ; £4 19s. He would moreover inform the Bench that he was not treasurer to the Lodge—in fact he was not even a member ; he had ceased to be. bo for upwards of four.months, lie also pointed out that tho total of the items as set forth in the bill were incorrect, there being (is overcharged.

: In reply to Mr Maning, he stated that he l'ud signed a cheque for the Insurance for the Lodge during the past month ; tli.it, had his signature not been on the cheque, it would not, according to present arrangements, have been honored by the Bunk. He.-said that had the banker known his (Mr Fenton'fi) position, ho might have ref used to tanlr the cheque.

Mr Maning called

A. 1. McGregor, who stated that he was

Master of the Lodge in question. He remembered being applied to for payment of an account due to the proprietors of the Mail, but believed the amount was less than shown on the bill. lie thought it was for something over £4. Hβ had held office of Master for Rome time ; be waa Master in last August. All accounts sentfjn to Secretary to come hejfpre him. Hβ fiad-never\eeen a bill for the amount in. promised to instruct the Secretary* to make out a cheque for payufert ofihe/money due totfie Mail. <, '/',"', "'""' *■• i To, Mr Fpton*: Yqu are not treasurer to the Lodge; anp.havdjiot been for some fdiif jnoHtha. ' * :>Lgave4the Secretary a cheque last tuoath for thejbmount due for Insurance ; it wae*jig.ued by myself, and had to be signed by myeelf and H. H. The cheqtie would not have bpeir js'itliopt Lift (& H. Fetiton'e) fg* natorei- 4 -' *' ~ x " X " "

R. Noonan was next called, who stated that he was secretary to the Lodge." He had received a bill for £4 odd, sent from the Mail office,; had been asked for pay* inent on several occasions; had once etated that the amount dne would be paid ; but had never received a bill for an amount exceeding £5.

: You are not treasurer, and linve over four months: ; To Mr Maning : I remombca , Mr Wiggipa s apply me p;atf; ment jet \ hie accAunt. i You i clakdel to ?ine' wi.th.the bill envelope next morning, bilt 1 do pot Hrhjftt the amount was. I could not swear it was not £6 11s. I t neVer'6peUed the envelope ; it is not my place to do co. 1 suppose the bill is in the Masonic Hall \ Boi'iierthere ambngs't 1 the| papore. I did tell you, ibat ydiir'jnbneyii f was all right, and .that you would be paid, ' Hiit I did- liot'lsnow tlie '^mboht^f' the billL There has been * meeting of the Lodge y t on gave/me your account. 'i/< TnisiOroeed the case. , Mr- Fenton addreeaed Benche fHft |n the first pl.aqe, h> wa| Lodge ; lie j and had not ( been fQr^some. -tnnp, ; conseiquently hV c'dtild rloi'be ih'a^e'Treajtonsible If Of the debts contracted by the Lodge. rSecohdly, We/considered|ti|e plaintiffs had 1; n0t gone thf right w.a/.to .work, to get thejr, . ■'mb'nfeyV they had''rtitil'ied l ihto{ Ggti'rjt, afii* had <\t ;the same time presented their bill arid the summons. He deprecated ench a Any pefßo'n'"alctu'aied , or( malieioua niptifee ,do the same, and in these hard times it wae not fair extra;'expenfiea'bf the (3dift|!<j|)oujd? be inflicted unnecessarily. Hβ wo'ula ask' for a nonsuik.

■:..( iMr'Manihg, hiivin^>'i > Bench, replied. He slMea tHat n6twitlißtar|ding ( tho lengthy.aiid,olaborase ! hfctiire of MH Fenton's 1 address,'there wefe en ! ly iWoipmnts' w6ftli. noticing. VFirstly, ' Wfth" regard ; 'io "Mr .Fenton's stateineirt neither c ;of,' nor ;tre s asnror ;• to.^h'e'i Lodge'.: He'thought he .bad pretty clearly proved that'Mr Fbnton 1 , l)*d'-fft ah'y J rate 'tliatcapacity at the very time the summons had: been : issued.i i"With 'tegm-ci l to' the second point, he would drawjkhe attention Of th 6 Bench to the fact that'the first item on the bill was.dated 1877, that the greater part of the debt had 1 been contracted in 1879, and that since August, 1879, no business had been done with the Lodge. He would not cay what steps hie employera had taken towards recovering the money, or how many applications they had made for it, although he was aware they had asked fur it repeatedly. He would only say that during the time he had been working for Messrs Wiggins and Co. (a period ,of four jnonthf)<he had made,'fit any/ : rate, weekly applications to one officer pi , another, and that he bad heard 5t that it was the intentian of certain .members of the Lodge! not to pay the account till they were made to.

His Worship reserved judgment. Wednesday, July 7.

(Before Justin Aylmer f -Esq., R.M:,-arid

-«Mary -Brougfe*wae»cbarged' by tlie police T wit" r -f^ ue heajing her ,£bil(irW %fa ■^eMy-'j^r^U^rrVrV 1 . . J I ■ Sorgoant Willie stated that, the children , had gojie to in que'etion, anc) stating that, tJieir mother ht\d bfcen.ben ting thorn. Qei proceed house,, and found her in a'very' excited state. £te; tpo|t her into custody., ,- \', . "i • The Well inflicted a fine "of 20-J; or, in 49hqura' imprieon'menit ;'infqrming| that the next time igbe, \yaa ahelwoiild be «ent- to-'Lytt«lton-for three' months, and her children taken f*rduv htiti'