RESIDENT MAGISTRATE'S COURT.

Cromwell Argus, Volume IV, Issue 158, 19 November 1872, Page 6

RESIDENT MAGISTRATE'S COURT.

Wednesday, November 13. (Before M. Fraer, Eiq., J.P.) A Chinaman named Ah Ling, arrested on suspicion of stealing a sluice-box, was brought up by the police, who asked and obtained a remand till Thursday. Thursday, November 14. ( Before W. L. Smpson, Esq., 11. M. ; and J. Corse, Esq., J.P.)

John Hurley v. Thomas Hudson.—The plaintiff claimed £7 on a balance of account for cartage of building materials from Bendigo to Carrickton. Defendant did not appear. The plaintiff Laving stated that £lof amount claimed had been paid after the summons was issued, judgement was given for £6, together with 10s. costs : failing payment, distress.

Owen O'Nbil*. J. Bkruy.— Claim £6 9s. 2d., for one-third of amount alleged to have been paid by plaintiff for provisions, &c, for the joint use of Rendall, Berry, and himself, as hut mates. Defendant admitted liability for the sum claimed, but pleaded a set-off amounting to £4 10s; Cd. He produced in evidence a number of receipts to prove the set-oiY; but some doubt having arisen as to whether the same receipts had not been produced by Rendall in an action of the same nature lately brought by him against O'Neil, the Bench refused to allow the set-off unless evidence could be adduced to show that Rendall had not already recovered both his own and Berry's share from O'Neil. The items of plaintiff's claim were considered proved, and judgment was given for the amount: distress not to issue until the defendant had been allowed time to summon O'Neil for amount of set-off, —a course which the Bench suggested as advisable under the circumstances. Mr F. J. Wilson was counsel for plaintiff.

F. Bastings v. G. RexdAll.— Claim of £5 upon nn I 0 IT, —part being for cash lent, and remainder for board and lodging. Defendant did not appear, and judgment went by default for full amount, with i)s. costs : failing payment, distress to issue. Thomas Marsh v. W. Scott.—Claim of 10s. for illegal detention of a tether-rope. Mr Allauby for plaintiff. Possession of the rope was not proved against defendant, and the case was dismissed with costs. SLAUGHTER-HOUSE LICENCES. All Yung, Luggate, (aljourncd application) : postponed until Inspector has time to visit the locality. Cossar and Bennett, Quartzville, were granted si renewal; as also was John JBirnie, i'otter's Gully. CHARGE OE STEALING A SLUICE-BOX. Ah Ling, on remand from the previous day, was charged, on the information of v . nders Olson, with stealing a sluice-box valued at .JM from informant's tail-raco at Kawarui Gorge. Sergeant Casseis prosecuted. Mr F. J. Wilson, for accused, pleaded not guilty. Mr Chin Chok acted as interpreter. It appeared from the evidence of informant that on or about the 28th of last month he missed the sluice-box in question, and that about a fortnight afterwards he was told it was in possession of a Chinaman named Ah Mun. On going to Ah Mun's tent in company with Sergeant Casseis, he found portions of the sluice-box lying at the back of the tent; and on making inquiry, was told by Ah Mun that ho had bought it from Ah Ling, who picked it up from the river, in the presence of Ah Mun and two other Chinamen, while the Kawarau was in a state of flood. The Sergeant, not deeming the explanation satisfactory, arrested the accused on suspicion of stealing the box.

The Bench considered it unnecessary to hoar witnesses for the defence. There was no proof of felonious intent on the part of accused. They believed there was good ground for a civil action, but not for a criminal one,.although they ('id not find fault with the Sergeant for acting as he had done. The accused was therefore discharged) with a recommendation to pay Mr Olson the value of the box.