RESIDENT MAGISTRATE'S COURT.

Cromwell Argus, Volume IV, Issue 160, 3 December 1872, Page 6

RESIDENT MAGISTRATE'S COURT.

Thursday, November 28. (Before W. L. Simpson, Esq., R.M. ; and Jamet Corse, Esq., J.P.J BREACH OF MUNICIPAL BYE-LAWS. Inspector of Nuisances v. I. Loughnan and five others.—This was an information against tbe manager of Mount Pisa Station and several of his employes for driving horses through the township of Cromwell, contrary to the provi. sions of Bye-law No. 3. Mr F. J. Wilson for defendants. Sergeant Cassels was about to tender a wit. ness when Mr Wilson requested that he would proceed to prove the Bye-laws, as he believed he could not do so. Sergeant Cassels tendered a printed pamphlet copy. The Bench said that was not evidence. As better evidence was not forthcoming, the Bench, with the consent of all parties, adjourned the case for a week, —Mr Wilson stating he was sure it was not possible to shew that the Bye-laws had the force of law the proper legal steps for that purpose not ap! peiring to have been taken.

W. W. WILSON V. T. HORRIGAN. Claim, £5 10s., for services rendered by plain, till" as solicitor. There was no appearance on behalf of the defendant, but the amount claimed had been paid into Court. Judgment was given fo: 13s. costs of Court. CLAIMS FOR WAGES. Edward M'Uulty sued the Nil Desperandum | Q.M. Company for the sum of £5 ss. alleged to ! be due to him for wages. Mr Colclough, legal manager of the company I paid £3 3s. 4d. into Court and disputed the balance. The Bench, after hearing evidence, gave jud». j mait for the amount paid into Court, together ! wih costs of hearing and 10s. expenses. J inward M'Nulty v. Robert Burns Q.M. Corl j paiy. —Claim, £27 12s. Gd. This case arose oJ | of i dispute between the parties as to the d?l ! wlmi plaintiff commenced work, there bein< 8 j difference of about a week between them. | ; - I 'Hie weight of evidence appeared to be | favmr of defendants, and judgment was gi ! for £25 os. od, together with 225. costs ; Covrt. P. MACKELLAR V. W. W. WILSON. Ibis was an action to recover the sum oof' f ,< i 3s. lue to plaintiff as a witness in the per' cast, Francis v. Kidd, beard in the Ilesin,i i Magistrate's Court about six months ago, and in whim the defendant acted as solicitor for the ' prosecutor. iV'r F. J. Wilson appeared for defendant, aud ; pleaded not indebted. Luncan MacKellar, plaintiff, sworn, stated :■— 1 chim 235. for attendance as a witness at Clyde hi tho 21th of May last. I sue defendant becme I believe he received money from Mr! 1 Broigh (as Mr Kidd's solicitor) to pay tin: wit- : nesss. 1 heard defendant say t.> Mr Marsh !(aii(ther witness) that "he would sett*- that Mua';er again," meaning the payment of wit- ; nes«s.

[pbert Kidd, sworn : —1 remember the case, Frnncis r. Kidd, being adjourned from Cromwell to Civile, and afterwards from Clyde to Cron - ' w r el. Paid the costs of adjournment to my solcitor, Mr Brough.

.olm Marsh, sworn:—l was present at the 01 do Courthouse on the '24 th of May, and herd the Bench allow £o for costs of adjournrant. To the best of my recollection I saw Mr B.nigh pay t's to Mr Wilson on that day, audi brieve it was on account of the expenses, Mr Vilson told me he would pay me, but asked me nt to i ell the other witnesses, for he would pay iv one else.

For the defence, Mr F. J. Wilson quoted from i .rchbnld to show that the attorney of the jirty issuing a subptena is not liable for costs d any kind. Even supposing the money was j aid to the defendant, he held a lien over it f<>! 'is own professional fees. The plaintiff had not he shadow of a case in law. Mr MacKellar submitted that the money had H'LU handed over to Mr Wilson for the purnose )f paying costs, and he therefore looked to him for payment of the sum claimed.

The Resident Magistrate s:u<l that in the j>resent state of the law, unless it was proved that the defendant had made himself personally responsible, the Bench could not give judgment for the plaintiff. Even had the plaintiff proved that the defendant had received the money for the purpose of paying witnesses, he (defendant] had a right to appropriate as much of the amount as nvght be owing to him for professional services. The best way to stop this kind of thins was to demand payment of expenses before going into Court. Mr MacKellar : —But it was a criminal prosecution, your Worship, and T was therefore compelled to attend without rirst receiving payment. The Resident Magistrate said the Bench Lid no alternative but to give judgment for the defendant. THE IMPOUNDING CASE. Scott r. l.oughnan.—Mr F. J. Wilson, counsel for defendant, asked for a further adjournment for seven 'lays, to allow of the lease of thercn being produced. ..A SLAUGHTER-HOUSE LICENSE Was granted to Ah Yung, for premises at Legate Creek.