RESIDENT MAGISTRATE’S COURT, CLYDE.

Dunstan Times, Issue 830, 15 March 1878, Page 3

RESIDENT MAGISTRATE’S COURT, CLYDE.

~°- I Thursday, March 14, 1878. (Before W, L. Simpson, Esq., U.M.) Gilchrist v. P. M'Nally,—Claim, wages, j —This case was adjourned from the last Court-day, and a further adjournment of j 14 days was asked for. - Granted by consent j of plaintiff. j Naylor v. C. T. Marie.—Claim, 1.6 6s 3d., j Mr Wilson for plaintiff. Defendant paid 1 L2 3s 3d into Comt, and put in a set off for balance. Mr Wilson'said he knew" nothing of the money being paid into Court, no notice having been given to him, and that he objected to the set-off on the grounds of excessive charge.',. Tho set-off was for some kauri planks, and charged for at the rate of lOd per foot, and evidence was given that 6dis the usual market price. The set-off was reduced by L2, and judgment given for the balance and costa. | W. Bohning was charged with abusive behaviour to G. Fache, on the public road. —Fined 40s, and costs, L2 3s. J. Hayward was charged with a breach of the Licensing Acts, by suffering and permitting alcoholic liquors to be sold in his unlicensed house, Tiger Hill. Evidence having been taken as to the sale by accused’s wife,' Mr F. J. Wilson, solicitor, who appeared for the defence, put forth the following pleas, and claimed a dismissal. Ist. That no evidence had been adduced that accused was cither owner or occupier of the house. 2nd. Want of evidence that the liquor was sold on behalf of accused, or that he was aware'of the sale. 3rd. That tho provisions in tho Act are not negatived in the summons. Tho Bench in giving judgment said that though the police had made out a case of illicit sale, they hfnl failed to prove that the husband was ovfcn aware of the sale leave alone having suffered the sale. He held that the second plea was good, and must accordingly dismiss the information. . Rebecca Hayward,.wife fof the last «c,accused, was charged with having sold alcoholic liquor, commonly known as whiskey not being a licensed person. The case being identical with the previous one, by consent of all parties the evidence was agreed as a'ten. Mr Wilson submitted the following pleas : —That the information did not neganegative as it should do that tho husband of accused was not licensed to sell alcoholic liquors., 2nd That it was necessary in the information to allege or prove that tho particular alcoholic liquor stated to have been sold came within tho definition of alcoholic liquor in the interpretation’ clause of the Licensing Act, and that there was no evidence of whiskey being a distilled spirit. The Bench in giving judgment said, the first plea be as it was not necessary that the husband should be licensed. Tho second plea, his Worship said, was decidedly ingenious, and be did not know but ■what it was good. It being 1.30 p.m. he would adjourn the Court for one hour, and give judgment afterwards. On resuming at 2.31 p.m,, his Worship gave judgment in the information Police v. Mrs Hayward, in effect a dismissal, he agreeing that it was necessary to allege in the information that the article sold was a spirituous liquor within the meaning of the Act, and also to prove ,in evidence the article sold. The selling had been proved,

tut what was sold was not proved to he;) distilled spirit; he could not assume that j f whisky is a distilled spirit. The Haw was j J in the information, and he would ask that f more care in future ho exercised in drawing t up informations under the Licensing Acts. 1