MAGISTRATES’ COURTS.

Globe, Volume VIII, Issue 1067, 28 November 1877, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Wednesday, November 28. [Before G-. L. Mellish, Esq., R.M.I Illegally on Premises. Margaret Dempsey, an old offender, charged with being illegally on the premises of the Rev. Mr Habens at a late hour the previous night, was given one more chance, as the prosecutor did not desire to press the charge, and sentenced to forty-eight hours’ imprisonment. Embezzlement. —Arthur von Poellnitz was charged with having embezzled two sums of £2 each, belonging to the Acclimatisation Society. This case had been adjourned from the previous day, to allow his Worship to consider the contentions of counsel, that of Mr Joynt for the defence, being that the Acclimatisation Society not being a corporate body had no status in law, and could not sustain a criminal prosecution for moneys alleged to have been embezzled from them. —Mr Harper contra that the accused was a servant of certain gentlemen who happened to be called the Canterbury Acclimatisation Society ; that he had admitted himself to be such by acknowledging that he had to furnish monthly returns to the Council of the Society of moneys received and expended, and that while holding that position he had misappropriated the sum named in the indictment.—On the case being called, his Worship said that he would like a little more time to satisfy himself on the points submitted by counsel. lie had gone into the matter the previous night as fully as time had permitted. He found in “Roscoe on Larceny,” cn Act of Geo. IY. referred to, as to the manner in which owners of property shall be mentioned. Before giving judgment he would like to see the effects of that Act, —Mr Joynt said he knew the Act. The purport of it was that where a person was authorised to suejin his official name, if the private name had been used and judgment given, las having done so would not be grounds for the judgment being re versed. It did not in any way apply to a case of (he present klud, where a person had no legal right to hold property. —His Worship said he did not think that this was so in the present case, as for instance money clubs, although not registered, had bad indictments sustained, sod the iadictjjjeat was generally drawn,

Testing the money in some'one of the party.— Mr Joynt said that the rules, not the indictment, were so drawn. However he did not desire|at this stage to argue thejcase further.— His Worship said that as this was a matter of importance he would like to see the case gone into thoroughly. He would desire to give it further consideration himself, and counsel might look further into authorities. He had observed that in “ Eoscoe ” and “ Russell on Crime ” the question larceny was very fully gone into. He would give his decision on the following morning, and accused would be remanded until then on his own recognizances in the sum of £IOO to appear at 10 a.m. Escaping from Legal Custody.— Samuel Dann, alias Robert Knight, a fed about eighteen o; nineteen years of age, ws3r charged with breaking out of Addington gabl V on Monday night last. A second charge was preferred, of having broken into a dwelling at West Melton, while at liberty, and stealing therefrom. Inspector Buckley told his Worship that the man who had first secured the accused was not present. He was in the employ of Mr Brabazon, and he (Mr Buckley) would ask for a remand until Saturday next. Remand granted as asked. LYTTELTON. Wednesday, November 28. [Before W. Donald, Esq., R.M.J Absent Without Leave and Abusive Language. —George and Wallis Crocker, seamen belonging to the Rangitikei, were sentenced to four and seven days’ imprisonment respectively for these offences. Using Obscene Language. —Catherine Kelly was brought up, charged on the information of Dr. Rouse, with the above offence. Mr H. N. Nalder appeared for complainant. A number of witnesses were called, who stated that accused was in the habit of using disgusting and obscene language in the hearing of those residing in the neighborhood. Dr. Rouse stated accused was a common nuisance from the language she made use of, which could be heard in his house. The police gave evidence as to accused’s conduct and language. The Bench deferred sentence for a week. Civil Cases. —Iffwersen v Mold, claim £3 4s. Mr H. N. Nalder for the plaintiff; judggiven for immediate payment, or in default, one month’s imprisonment, costs 7s fid.