MAGISTRATES' COURTS.

Globe, Volume II, Issue 109, 6 October 1874, Page 2

MAGISTRATES' COURTS.

- o LYTTELTON. Monday, October 5. (Before W. Donald, Esq , K.M.) LUNACY. Daniel Nonte, arrested by Constable Wallace, was charged with this offence, and on the certificates of Drs Rouse and McDonald was scut to Sunnyside. KAIAPOI. Monday, October 6. (Before J. Birch and 15. G. Kerr, Esqs.) CATTLE TRESPASS, James Fisher, owner of two horses, and B. Pack wood, owner of six horses, found by the police wandering at large, were fined 5s each, and costs 6s fid. CIVIL CASES. In the cases of H. J Moore v Simoon (a Maori), claim £1 7s fid, and W. Fraser v Tommy (a Maori), claim £1 Us fid, judg-

ment was given for plaintiffs. E. Clark, hon sec Kaiapoi brass band, v C. Edwards, claim £8 15s, value of tenor saxhorn. Plaintiff stated the defendant had the instrument three months on trial, but as he was not able to play it, notice was sent by the band demanding its return. The band had ceased to be connected with the Volunteer corps on June Bth, Defendant said he received notice from the officer of the company that the instrument was to be given up to him, and he gave it up in accordance with the notice and receipt produced. He was not a member of the company of Volunteers, but the band was attached to the company when the instrument was lent to him. J. Marsdeu, called, said the band instruments were bought out of the general funds of the Volunteer company, and all such articles were vested in the commanding officer. J, Perrin, lieutenant commanding No. 5 C.R.V., stated the band had Jno right to lend any of the company’s instruments to outsiders. The musical instruments, music, and salary of the instructor were paid for out of the general funds of the company. Members of the band had to be members of the company, and were subject to the regulations. The Bench entered a nonsuit, observing that defendant had evidently received the instrument from a volunteer, and returned it to the proper officer, as the receipt showed, prior even to the notice sent by plaintiff as to the misunderstanding between the band and the company—that would have to be decided in some other way.