RESIDENT MAGISTRATE’S COURT.

Cromwell Argus, Volume IV, Issue 161, 10 December 1872, Page 6

RESIDENT MAGISTRATE’S COURT.

Thursday, December 5. (Before W. L. Simpson, Esq., 8.M.) INSPECTOR OF NUISANCES V. I. LGUOIINAN AND OTIIEKS. The hearing cf this case—in which the defendants were charged with committing a breach of No. 3 of the Municipal Bye-laws—had on the previous Court-day been adjourned to enable the informants to prove the validity of the Bye-laws. Sergeant Cassels now produced a printed copy < I the Bye-laws impressed with the Corporation seal. The Resident Magistrate directed attention to section 40 of the Municipal Corporations Empowering Act, which provides that, before the Bye-laws can be taken as pr'ma facie evidence in any suit, the Municipal Council must first comply with the instructions laid down by ap. pending to the Bye-laws a certificate under the hands of the Mayor and Town Clerk stating that all the requirements of the above-mentioned Act in regard to the passing of such Bye-laws has been fulfilled. As it appeared that the Mayor had given instructions to prosecute the defendants, Lis Worship asked the Town Clerk (who happened to bo in Court) to suggest to the Mayor that the information should he withdrawn. At a later stage of the sitting, it was stated that the prosecution was abandoned. THE IMPOUNDING CASE: SCOTT V. LOUGHNAN. The adjourned hearing came ou before the Justices who were present at the first hearing—viz., the Resident Magistrate, the Mayor, and Dr Corse. Defendant’s solicitor, Mr F. J. Wilson, produced two leases as evidence of the boundaries of Mount Pisa Station. Mr Allanby briefly addressed the Court on behalf of the plaintiff. After a short consultation, (during which the Court was closed), the Resident Magistrate gave judgment. The Bench were of opinion that the horses were properly impounded on the run, and were properly impounded under the general authority of clause 33 of the Impounding Ordinance 1872. Thus every question raised was disposed of, except that of whether the horses were inhumanely treated by defendant. The Bench had come to the conclusion there was no proof of inhumane treatment, nor of any consequent deterioration in the condition or value of the animals. On all points, therefore, the Bench dismissed the case, but without costs. MITCHINSON V. oT.RTCN, Claim, £22 9s. 4d. for goods supplied. Dcfcn dant did not appear, and judgment was given by default for the sum claimed : failing payment, distress ; failing distress, two mouths’ imprisonment in Dunedin Gaol.