RESIDENT MAGISTRATE'S COURT.

Cromwell Argus, Volume V, Issue 248, 11 August 1874, Page 5

RESIDENT MAGISTRATE'S COURT.

Friday, August : 7, 1874,

(Before W. Lawrence Simpson, Esq. , R.M.) UNREGISTERED DOG. ;!

Thomas Wilson was charged with having in his possession an unregistered dog. The defendant did not appoar. The constable proved the service of summons. ', ■

Sergeant Cassels, who laid the information as collector of the dog-tax, said Wilson had registered the rfog with the Town Clerk, and had produced to him the registration ticket. The Town Clerk was not the. person to receive the tax, except in the municipality, and he therefore had to summon Mr Wilson, to settle the question. The Magistrate said there had, been a somewhat similar case before, and it was high time such a practice on the part of the municipal authorities should be put a stop to. The Town Clerk was authorised to collect certain taxes from "persons residing or carrying on business within the municipality," and no others. There was nothing in such a case as this for the police to do but to summon, and that was an annoyance the public should not be subjected to. Perhaps the persons who accepted the, money in this fashion were ready to stand the liability. Mr Colclough, Town Clerk, asked leave to make an explanation in the matter. When Mr Wilson called to register his dog, he told him he was not the person who received fees for dogs outside the boundary of the township; but the Mayor, who was present, advised him to accept the tax, so that the disputed point should be settled one way or the other. The Council was of opinion that, as collector, he had no right to refuse any fee offered him ; but in such cases as the present,, he should forward the money to the Provincial Tre&surer. The Magistrate said he had every right to refuse. The Council apparently were not very particular as to what money they received, so long as it went to fill their treasury ; but they should remember that the public were occasioned a deal of trouble by such, practices, and some day they might have cause to repent. He would take time to consider how he should act, so that the matter might be finally settled. crviL cases. • Yuk Won v. Hum Him.—The application for an interpreter had been too late to allow of his appearance on this Court-day, and the case was adjourned until next .week. In the case of Ellen Doyle v. Goodger, Mr Cowan said the amount (£8 Is. 6d.) had been paid into Court, but no notice of this procedure bad been given. The plaintiff had come from the Lowburn that morning, and he (as her solicitor) had gone to some trouble in getting up the case; and he had to ask for expenses. The Magistrate said he was afraid Mr Cowan's application was too late. The money had been accepted in full payment, and the case taken out of Court.

In compliance with Mr Cowan's request, Mr Simpson agreed to consider the point. Ah Pow v. Robertson.—Mr Wilson appeared for plaintiff, and explained the circumstances of the case..

Mr Robertson had been paying the Chinaman some money on a contract, and he said that in doing so, he had given a £5 note in a mistake for £l. This the Chinamen denied, and hence the action.

Mr Simpson thought it would be advisable for the parties to come to some settlement between themselves ; but as defendant stated he had certain circumstantial evidence, the case was adjourned for the presence of the interpreter. LICENSING ACT. W. G. Smith, of Bendigo, was granted permission to leave his licensed house for a period of nine months, to allow him to visit England.