RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 3588, 11 January 1883, Page 3

RESIDENT MAGISTRATE'S COURT.

Tins Day. (Before Captain Preece, R.M.) JUDGMENT. His Worship gave judgment iv the civil case, Colonial Bank of New Zealand v. George Sp>ence, the evidence in which was taken on Tuesday. His Worship said in this caso he did not consider there was sufficient evidence to establish the claim that valuable consideration had been given for the bill, neither did he feel justified in filling up the blanks in the document. The plaintiffs would therefore be nonsuited, with costs 3s, counsel's fee £2 2s, and expenses of the witness Bartlett Bs. Mr Sainsbury, solicitor for the plaintiff's, gave formal notice of appeal. BREACH OE SHIPPING AND SEAMEN'S* ACT. Frederick Whmtle, a seaman, was charged on the information of Captain W. Hendry, master of the barque Coromandel, with having, on the 13th instant, wilfully disobeyed the lawful commands of the informant. The prisoner, who pleaded gmlty, alleged that he had been badly treated on board the vessel, and did not desire to return to it. His Worship said in that case the prisoner had a legal remedy, and should not have avenged himself by refusing reasonable duty. A sentence of one week's imprisonment in Napier gaol, with hard labor, would be imposed, the prisoner further to forfeit one day's pay, and to pay cost of the action, 12s. BREACH OF LICENSING ACT. Martin Ryan was charged, on the information of Sergeant Burteushaw, for that the defendant, being a licensed publican, did, on December 2Gth last, at Hastings racecourse, sell and expose for sale intoxicating liquors in a booth, the said booth being a place in which the defendant was not licensed to sell liquors. Defendant admitted the offence, but explained that he had erred in ignorance. He held a certificate signed by two of the Licensing Commissioners for the district, biit had omitted to pay the fees and obtain a permit l'vom the licensing clerk until the 27th December, imclcr the impression that, as long as he had the signatures of two commissioners, it would be all right if he called with Mr Fanmn and paid the fees any time he was in town.

Inspector Scully said this was the second time the defendant had done the very same thing. On the last occasion it was some considerable time before tho license fee was paid, aud the matter cost him (the Inspector) a good deal of trouble in looking after. The defendant, therefore, well knew what was necessary to be done, and there was no excuse for him. To show how leniently Ryan had been dealt with by the police on the present occasion, had he (Inspector Scully) been upon the racecourse himself he would have seized all the grog the defendant had in his booth and have handed it over to the Collector of Customs. The present information had been laid in the hope that there woidd not be a recurrence of such carelessness as had been practised before. It was not desired to injure the defendant's license, against whom the police had nothing further than what was now before the Court. His Worship said the defendant had rendered himself liable to a very heavy penalty, but, as this was the first case of kind that had been laid before him, and he hoped it would serve as a caution to others, ho would not inflict a severe fine. The defendant would be fined in £2 and costs. The Court then rose.