SUPREME COURT.
IN BANCO. Thubsda*, August 31. , \ (Before His Honor Mr Justice William*.) ; Aunoldus HenryJßttdd v. Jambs Oald- • welt,.—-Plaintiff ia this case Was, in the! early part of this year, sentenced to one) month* imprisonment, with hard labor, in: the Dunedin-gaol for having been 4 guilty of a; misdemeanor., The declaration alleged that' while in gaol plaintiff was compelled' : to asso-j ciate with male felons, that he Was hand-] cuffed to other,: prisoners, had to pass and repass through public streets and thoroughfares: ihnview of the public, %nd; was also subjected to close confinement in a room in the gaol. 'While undergoing this sentence it Appears that he was sentenced to two further periods imprisonment forbreaches of the prison regulations. During; these two periods a letter addressed to him! was detained by the defendant,' by whiibV detention plaintiff was prevented from communicating with, outeide persons, whereby he could have made Application to a Judge of the Supreme Court for his discharge from •the two last periods of imprisonment. Plaintiff, therefore, claimed L2OO as damages, for that he, while only a misdemeanant/ had been compelled to associate with felons,; and also because his letter had been detained, r.; : , r ■_p - v : [ Defendant demurred to the declaration on the ground that it did not show that defen-: dant was gaolor of a public prison in New Zealand or that the plaintiff was confined in Buch prison, that the law cast no duty upon the gaoler to keep misdemeanants apart from felons; that defendant was under no obligation to deliver letters to a prisoner in his charge, and that the declaration did not show how such an alleged duty did bt could arise.
Mr Haggitt appeared-in support of the demurrer; Mr E. Cook for the declaratiohi After argument, his Honor said he would deliver judgment tomorrow. Bank of New. Zealand v. Calder.—• This was an action for the amount of an alleged guarantee. demurred to the declaration, .on the grounds of the there was no consideration for the guaranteed appeared in support--of the; ijdemurref; Mar Macassey for the declaration^ His Honor reserved judgment. '■■■"■
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https://paperspast.natlib.govt.nz/newspapers/ESD18760831.2.12
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Evening Star, Issue 4216, 31 August 1876, Page 3
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350SUPREME COURT. Evening Star, Issue 4216, 31 August 1876, Page 3
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