MAGISTRATES’ COURTS.

Globe, Volume I, Issue 97, 22 September 1874, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Tuesday, September 22nd. [Before C. C. Bowen, Esq., R.M.] DRUNK AND DISORDERLY. James Faulkner, who had been repeated convicted of drunkenness, and cautioned on the last occasion, was sentenced to three months’ imprisonment with hard labour. Michael Hennessey, for drunkenness, was fined 10s. Peter Fletcher, for being drunk at the Railway Station, was fined 10s, and Annie Morgan Was fined 20s. LYTTELTON. Monday, September 21. [Before W. Donald, Esq, R.M., and H. R, Webb, Esq, J.P ] ILLEGALLY ON PREMISES, William Heady was charged by Thomas Hearle, manager of Mount Pleasant, with being illegally Jon the premises under his charge. The complainant stated that on Saturday night, about seven o’clock, he found the prisom r in an out-house, adjoining his residence. He did not seem to be the worse for drink, but appeared to be suffering from insanity. He brought him down to the police station and gave him in charge. Prisoner stated that he had been drinking in Christchurch, and was on his way to Lyttelton when he mistook his road. The complainant’s house was the first he came to, and he did not think he was doing wrong. The Bench cautioned the prisoner, and dismissed him. DESERTION. John Jolliffe, a seaman belonging to the ship Brunette, was brought up under this charge, and upon the evidence of Captain Jackson, sentenced to one week’s imprisonment. . KAIAPOI. Monday, September 21. (Before G. L. Mellish, Esq., R.M.) CATTLE TRESPASS. M. Lynsky, owner of a cow at large on two occasions, was fined 10s. G. Kinley, for two cows, J. Kinley, two horses, and A. M'Quillan, one horse straying, were respectively fined 5s and costs 6s 6d, CHIMNEY ON FIRE. Mrs Newnham for this offence was fined 10s and costs. CIVIL CASES. R. L. Higgins v C. Dudley.—Claim £ls for Leamington range and a copper removed and detained. Mr Thompson appeared for plaintiff. E. Revell stated he was acting for the plaintiff under a warrant issued at the suit of Thompson v Wood, in which Thompson obtained a warrant of ejectment to remove Wood from a house sold to the plaintiff. On the day after he (Revell) took possession of the house, a request was made by the trustee in bankruptcy to allow Wood’s furniture to remain a day or two. Witness replied that the furniture might remain, but Wood must leave it. The bailiff of the Bankruptcy Court went over the premises with him, when witness claimed a range and copper as fixtures, and should they not be treated as fixtures he was willing to purchase them for the plaintiff. On the day following, witness heard they had been taken away to Dr Dudley’s, and he sent a dray and man to demand them, Thompson in selling the premises to plaintiff pointed out that the articles were part of the premises. In taking out the copper the chimney had been damaged. A. Thompson stated that on May 14th the house in question was conveyed to C. E. Dudley for £SOO, and on the same day handed over to witness, as mortgagee, with other securities. In treating for the loan the house was represented to contain the range and copper referred to, which were spoken of as fixed to the freehold. Early in August witness gave H. J. Wood, who occupied the house, notice to quit, and subsequently had to eject him. The trustee in bankruptcy asked him to allow Wood’s furniture to remain in the house for a day or two, as he was arranging with his friends to purchase it. Witness was told by Mr Walton, the trustee, that he bad not given permission to Wood to take the range, A. Clark gave evidence that he demanded the articles from defendant, who refused to give them up, saying they were not his, and he believed belonged to the trustee in bankruptcy. Dr Dudley (the defendant) considered that a nonsuit must be recorded, as he had nothing to do with the articles. The facts were that when Wood went into bankruptcy, the bailiff of the Supreme Court valued his furniture and effects, including the range, at £5 10s, and boiler at £1 10s, as shown by the schedule produced, and allowed him to retain possession, Wood giving his personal guarantee for,the articles. These had since been bought and paid for. They were valued at £l3O, which sum was paid less £25 allowed to be retained under the Act. Mr Walton had also stated that if the plaintiff made good his claim, he would repay the value of the article. The boiler was not on the freehold, but on an adjacent piece of leased land. He did not know the plaintiff in any way. Wood asked for the use of his stable to store his goods, and when Clark came he never refused to give the articles, as he had nothing to do with them. H. J. Wood gave evidence that his furniture was given into his charge by the trustee in bankruptcy, and he obtained defendant’s permission to use his stable to store it. Mr Thompson urged that Wood had no right to remove the range and boiler after the writ of ejectment was served. Even had they belonged to him they would by that process become the property of the landlord, and the defendant had no right to detain them on Wood’s account. The Resident Magistrate said it had been shown by evidence and an admission of Mr Revell’s that the copper was not attached to the freehold, but he would take time to consider his decision on the other part of the case, and deliver judgment next week. F. S. Funston v Tommy (a Maori), claim £3 16s8d; judgment for plaintiff by consent for amount and costs, defendant to pay in 10s instalments, or in default undergo three weeks’ imprisonment. J. Ladbrook v J. F. Nettleton, claim £4 4s, for services of stud horse Phenomenon, Mr J. Williams appeared for defendant. It was shown that plaintiff had not fulfilled his engagements, and judgment was given for defendant with costs, including professional fee, amounting to £1 19s. AKAROA. Saturday, September 19. [Before Justin Aylmer, Esq., R.M.J DRUNK AND DISORDERLY. William Abraham was charged with this offence. Fined 20s, or in default forty-eight hours’ imprisonment, The fine was paid.