MAYOR’S COURT.

Evening Star, Issue 2887, 21 May 1872, Page 2

MAYOR’S COURT.

This Day. (Before Ms Worship the Mayor and Lieut.Colonel Cargill, J.P.) DRUNK AND DISORDERLY. Jane Miller, charged with drunkenness, was discharged with a caution. OFFENCE AGAINST THE BYE-LAWS. A charge of hawking fish without a license, preferred agaiust Richard Holgate, was dismissed with a caution. ILLEGAL DETENTIONS. A charge against Arthur Webb, of Mosgiel, for illegally detaining a dog, was dismissed through the non-appearance of the prosecutor. Hamilton v. Fraser.—A charge of illegal detention of a horse. Mr Harris for the claimant ; Mr Stewart for the defendant. For the defence, D, Baker and 11, C. Farquharson (veterinary surgeon), having inspected the horse, found no brand on it, but the latter said there were marks of firing on the hocks, but they were very indistinct. The claimant and others went to examine the horse, which was in the yard. On their

return to Court, Harrison swore positively to the animal being his. His Worship, in giving judgment, said : In reference to the objection urged by Mr Stewart with regard to the definition of the word “goods,” he (the Mayor) had stated that it included such personal property as horses, and in order to fortify himself in that view he had taken counsel’s opinion on the matter, which perfectly justified the conclusion be had arrived at. So far as the case before the Bench was concerned, the balanc-*. of evidence was in favour of the plaintiffs view of the case. Although it was to a certain extent contradictory, which was not surprising, the fact mentioned by the plaintiff, of tiring marks on the hocks, which was confirmed by the evidence of the veterinary surgeon, was strong. Defendant could also have brought the evidence of Sinclair to prove where he got the horse, but neglected to do so. He must therefore give judgment for the plaintiff, that the horse be restored, failing which the defendant to ’pay LlO to him.