MAGISTRATES’ COURTS.

Globe, Volume VI, Issue 661, 2 August 1876, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Tuesday, August 2. [Before Q. L. Mellish, Esq, R.M.J Civil Cases.— Education Bate—Beed r Leech. This was a claim on the common indebitatus count for money received by the defendant for the use of the plaintiff, to recover £l, amount paid by the plaintiff to the defendant for Education rate. Mr A. Jameson for plaintiff ; Mr Garrick for defendant. The plaintiff occupied a house in common with others, there being no structural severance. The plaintiff’s contention was that he paid the money to avoid being sued by the defendant (who is collector of the Education rate) as threatened by him (defendant), and that he (defendant) took the money at his peril. That, being a public officer, the defendant should have been careful that the sum demanded did not exceed the legal amount. That the defendant was not justified in taking the money, and responsible for his own illegal act. That the defendant having charged the plaintiff the amount by virtue of an Act of Parliament, which he was not entitled to claim, the amount paid could be recovered back. Mr Jameson, for his client, relied on Steele v Williams 22, L.J.Ex. 225, and commented on Marriott’s Hampton S. L. Cases. He insisted that defendant should produce his appointment by the Superintendent. Mr Garrick objected. His Worship overruled the objection, and adjourned the Court for production of the appointment. On resuming, Mr Garrick asked that the plaint might be amended. Mr Jameson objected to this being done. His Worship allowed the objection. Mr Garrick asked that the Education Ordinance might be put in.evidence. (Allowed and handed in.) He contended that the action should have been brought against the Superintendent; that the defendant was only agent; had received the money without fraud, and had paid the same over ; therefore he was not liable. (32 L.J., Q 8., Holland v Bussell.) That the plaintiff could have resisted any proceedings taken against him to recover the rate, but could not now turn round upon the defendant. Mr Jameson having replied, his Worship said he was of opinion that the payment was a voluntary one and that there was no duress. Judgment would be for the defendant with £1 Is costs. At the desire of Mr Jameion it was agreed between counsel that the judgment should be for £5. Mr Jameson then gave notice of appeal. J, W. Frankish v B. Gowen, claim £3 ss, judgment by default for amount claimed, and costa 9s ; same v Patrick Graham, claim, £5 9s, judgment by default for amount claimed, and costs 9s ; W. Bossiter v B. McNab, claim £9 6s 6d, judgment by default for amount claimed, and costs 14s ; Clifford and Roper v L. Nathan, claim £6 12s lOd, judgment by default for amount claimed, and costs 13s ; Hobbs and Co. v F. Hull, claim £7 ss, judgment by default for amount claimed, and costs 13s; J. D, Frankish v A. McFarlane, claim £2 12a, judgment by default for amount claimed, and costs 9s ; same vO. Hickay, claim £3 4s, judgment for £2 4s, and costs 9a ; I. B. Sheath v G. Fletcher, claim £4 10s, judgment by default for amount claimed, and costs 9a ; G. Smith v C. Sexton, claim £2, judgment for £1 9a 6d, and costs 9a ; R. Taylor v B. J. Joblin, claim £ll Is 7d, tendered £2 14s Bd, judgment for £3 3s, and costs 20s. Wednesday, August 2, (Before G. L. Mellish, Esq, R. M) Drunk and Disorderly.— An inebriate, who appeared for the first time, was fined ss. James Andrews, an old offender, who had been cautioned the previous day, was sentenced to twelve months’ imprisonment with hard labor. Annie Osborne, against whom seven convictions had been recorded during the year, was sentenced to six months’ imprisonment with hard labor. Illegally on Premises.— John Williams, who had been found in the wash-house at St Michael’s Parsonage the previous night, was in the absence of Mr Edward’s, who had given the man into custody, cautioned and discharged. Drunk and Using Obscene Language. Margaret Dempsey, charged with being drunk and using obscene language the previous night in Manchester street, was fined 60s. LYTTELTON. Wednesday, August 2. (Before W Donald, Esq, R.M.) Desertion. —James Creighton, a seaman belonging to the barque Star Queen, was brought up charged with deserting from the above barque, and sentenced to three weeks imprisonment. Breach op the Merchant Shipping Act. —Charles Merrick was brought up, charged under the Merchant Shipping Act, with assisting the last prisoner to desert. From the evidence it appeared that accused bad assisted Creighton to carry his box to a boarding-house, knowing him to be a deserter. The Bench inflicted a fine of 40s.