RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 3602, 8 September 1874, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuesday, September 8. (Before J. Bathgate, Esq., 8.M.)

Drunkenness. —David Weir, Matthew Watt, Witiuin Dolan, and John Kerr were discharged with a, caution ; Matthew Buckloy was fine I S3'' with the option of twenty-four hours’ imprisonment j" Michael Fahey, 20s or fourteen days’. Alexander M‘Leod denied a charge of being drunk at Green Island on the previous day, adding that be was no more drunk than when in the deck.— Clerk to the Court (to the Bench): He is not far 0$ it. now.—His Wor ship ; I question if yen are sober at jthe present time.—-Prisoner said that he was a teetotaller,—His Worship f Speh persons never have Black eyes. —(Laughter.) Prisoner was fined ss, or in default twenty four hours’ imprisonment. Vagrancy.— Helen Crowley was charged wijlih having no visii.le means of support.— rtub-inspector Mallard explained that prisoner detained’ % the polio? out of i! y, Blip had fio pl .ee to go' to, and had slept in a stable tbe night before last j while last evening, as she had no place tp go to, she was arrested by Constable Bain.— PrL spqer, who is an immigrant recently arrived in the Cplouy, was discharged with a caution

Absadlt. — Alfred Syndercomba was, on the information of Alfred Ralph, charge! with assaulting and beating Thomas Poynton at St Kilda on September 4.—Prisoner admitted the offence, but said it was in selfdefence. —The charge was remanded till Thursday. CIVIL CASES. Mr Anderson said that he had an application t.o xpake under the District Courts’ Act in the ease of Figh v. Gray aud Drummond. The application was for‘assessment of costs. —His Worship 1 The Court is sitting only as Resident Magistrate's Court just now, and not as the District Court. —Mr Andersop. : If your Honor would sit as in the District Court, the application would only take a few minutes to dispose of.—Mr Stout: I submit your Honor .cannot alter the decision. I paid in costs on the assessment of the Clerk to the Court. If the decision can be altered I shall ask that 10s be disallowed, as I think ( tbe assessment was fixed 1(L 1 matter then dropped Tbe question was again referred to by Mr Anderson shortly before the Court rose. He asked that he might be allowed L 3 3s, as solicitor’s lees, and L 5 ss, counsel’s fees, the total amount including trivial Court fees, which he asked being Ijl4 10s,—His Honor: ill that 1 have to do is to determine the amount to be paid to witnesses,-Mr Barton thought that he could do more than that, 33 was provide! by tbe sth section of the District Courts Act, —Mr Stout said that the clerk had allowed 10s too much to witnesses, and he asked that it b,e taken off. Seeing that it was such a small amount, ho did not care about mentioning it.—He submitted that no provision was made in the Act for allowing both counsel's and solicitor’s fees. Ho really wished such were done, as in future cases he could claim them. He objacibl to the claim bbing made, in his client’s interest Hh Mkbtf, HWtl/he

Wood and Gore should be disallowed, Mr Anderson thought it would be a very unfair principle to disallow counsel’s fees. For instance, he stood there for hia friend Mr Turton, who, owing to soreness in his throat, was unable to speak, and it would be very unfair if he wore not granted his fee. It would be practically debarring the profession and preventing suitors obtaining proper representations. Such coats were allowed in District Courts everywhere.—His Honor grantedjthecostsalready allowed to witnesses t‘e said the more important point was whether counsel’s fees should be abolished. It was a very important matter to be determined, and any principle he might lay down now might be URed in time to come. Before giving a decision on the point he would instruct the Gei k to the Court to write to the various District Court Clerks in the Colony, so as to ascertain wkat was the general rule. Ihe Act meant that no heaping on of law costs should be allowed. —Mr Stout asked thi-,t if his Honor laid down a general principle, his odent would not be charged with costs in this case. It would be manifestly unfair to him to do so, as he had paid all costs and even settled up with him (Mr Stout), thinking the matter was done with.—His Honor said that were he to give an opinion just then, it would b} against Mr Anderson. The Act said that any s liter might appear personally, or by any barrister or solicitor, and not bv a barrister and solicit t As he was not free from doubt on the point, he would be inclined to regulate the fees by what was done in other Courts! «

Park and Curie v. Stab.—Plaintiffs sought to recover from defendant, master of the ship Sussex L 9 13s. for short delivery of pipes as per bill of ladmg —Mr Stout appeared for plaintiffs ; Mr Harris for defendant.—Judgment was given for plaintiff, with costs.