RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume VII, Issue 2007, 11 October 1869, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. drunk and disorderly. For the above offence Anne Nolan was fined Lsor 14 days’ imprisonment; William Mi.lar, L 5 or 14 days; George Williams, 10s or 24 hours’ ; J. D. Lyons, 10s or 24 hours; George Campbell alias Evans, 10s ; W. S. M ‘Donald, 10s; Mary Turner, 20s or 48 hours’ ; Catherine Stacey, 40s or a week’s imprisonment. STEALING. John Donner was charged on the information of John Nalon, with stealing from his shop in St. Andrew street. From the evidence it appeared that the prisoner went into the shop of tho prosecutor and took a pound of butter which he put into Jus pocket. This was ob-erved by a baker in the shop, who gave information to the prosecutor. On searching him the butter was found in his pocket. A witness said he saw the prisoner in Nalon’s shop put his hands behind his back while leaning against the counter, and take off a pound of butter. On being charged with the theft he offered to pay for the butter. The prisoner was sentenced to one month’s imprisonment with hard labor. Civil Cases. Adjourned case of the Dunedin Waterworks Company v. Mitchell. A claim for LI 10s 9d. water rates for one quarter. — This was one of several cases, in which the claim for water rates by tho Dunedin Waterworks Company was resisted, on the ground that the water was not supplied to the houses in the terms of the Act. Mr Macasse y for the plaintiffs, Mr Wilson for the defendants. —Mr Macassey based the claim of tho Company on the clause in tho Act giving the Company power to claim twothirds of the full water rate when any entire street block is surrounded by mains. In the second place, the Arcade was a private passage, which distinguished the houses in it from tenements abutting on the street; and thirdly, on the ground that permission to lay pipes to bring water to the tenements was refused by the owner of the property. Should his Worship decide against the Company, Mr Macassey asked for a nonsuit, in order that the case might be taken to a higher Court.—The evidence of Mr Burt showed that by order of the Company he commenced laying a three-inch pipe in Fleet street, which would have given a full supply of water, but were stopped by Mr Reid, the agent for the property. Mr Wilson held that the plaintiffs must he non-suited, on the ground that they had the power to have taken pipes through the Arcade had they pleased, in spite of Mr Reid or Mr Farley : That it was not sufficient to carry pipes down Clarke street and Maclaggan street to constitute the laying of pipes round the block, and that the term block was indefinite, and not applicable to the Arcade, in which s Tvice pipes might have been laid to the houses had the Company pleased. —Mr Macassey replied, and maintained the term, “ Street Block,” referred to divisions in the Town of Dimed n, and was sufficiently defined in the Act.—His Worship considered there was a case for the defendant to answer. Mr Wilson said he produced no evidence. His Worship said the case differed from Thomson’s case and the 87th section applied to the present case. It appeared to him that the clause was inserted to meet cases like that of Fleet street, which was not a street. The defendant was therefore liable. Judgment for the plaintiff, LI 19s 8d with costs. , Mr Wilson said there were other three similar cases, and therefore it would be fair to distribute the expenses among the fpur. Judgment was given by consent for the amounts claimed of Louis Lyons, John Gray, and Harper and Waters. Bell v. Hirsch. —A claim for 6s 3d for advertising. Judgment for the plaintiff for the amount with costs.

Proudfoot v. Campbell.—Mr Ward for the plaintiff. Mr Wilson for the defendant took a preliminary objection that the case did not come within the jurisdiction of this Court. Mr Ward said that the cause of action arose while the defendant was resident in Dunedin. His Worship considered the cause of action arose in Oamaru and that the case must be tried in the Court there. Mr Wilson applied for costs, but his Worship decided he had not pqwer to grant them. Steinmitz y. Neil.—A claim for L 3 6s sd, for bread supplied. Judgment 'by default for the plaintiff for the amount with costs.