MAGISTRATES’ COURTS.

Globe, Volume XXI, Issue 1692, 23 July 1879, Page 2

MAGISTRATES’ COURTS.

CHEISTOHHECH. Wednesday, July 23. [Before GK L. Mellish, Esq., S.M.], Dbune and Disoedbely. —A drunkard, with three previous convictions, was sentenced to one week’s imprisonment. A woman with tbirly-eight previous convictions, and another with were each fined 20s. Assault on a Female.— Thomas Dasmond was brought up charged with assaulting a married woman. Eliza Hall deposed tnat the prisoner followed her from Colombo road to the White Horse Hotel, Tuam street, when he put his r' m round her neck and kissed her. W'Uiam Forsyth, a baker, corroborated tho evidence of the last witness Sergeant Barlow deposed that the prisoner was given into his custody by the first witness. Sergeant Moiioe said the police knew not Hug against the character of the defendant, and it was his first appearmco in the Court. He was fined £3, or in default 14 days’ imprisonment with hard labor. Failing to Peovids. —A 'exander F’ dayson was summoned by b‘s wife for neglecrirg to provide her and her two clr'dren wit a proper means of support. The evidence of the complainant was to the effect thas : (temperance was the sou-ce of her compl-’i'v against her husband. Ho could obtain plenty of work, but he drank a” his err rings away. His Worship, at the earnest request of the defendant, said he would not send Htn to prison, thsugh he ilohly deserved it, but would allow the cass to s*-nd ever and see how the defendant behaved himself, but it would be his last chance.

LYTTELTON". Wednesday, July 23, [Before J. Bsawick, Esq , B.M.] Lunacy. —Patrick Smith hating recovered from lunacy from drink, was presented, end discharged. Civil Business. Browj end Smith v Cook, £5 4i 6d. Defendant put in a plea of insolvency, of which the Bench dec' : ned to take cognizance, it appearing that the goodi for which the claim was made were obtained from plaintiffs after the defendant had filed his schedule. The Bench ssid the defence was a most scandalous one, and he should give judgment for the plemtiff and costs. Shipping Case. —Tne Court gave its decision in the case of Qutb' ie and La.nach v Captain Pitfield, master of the barque Himalaya. The claim was for £57 9s lid, the value of some nails and cement damaged by sea water wh ;, e in transit from London to pla'itiffs. Mr H. N". Judder appeared for the plaintiffs, and Mr Joyce for the defendant. The defence set up wru slress of weather, and exemption under the bill of lading. The erse was heard on Ju’y 11th, when voluminous evidence was taken. His Worship, in giv’ng judgment, said he b*- i taken more than the usual lime in deliberating upon the case. It was one, he thought, of great importance, and he was anxious th-t the best authorities should bo looked into before giving a decison. The point raised by the defence in reference to the position of plaintiffs, he concluded, wes not tenable, and in considering the case it appeared to be arrowed down ve.y considerably. There appeared no doubt but that the damage to the goods was caused by bilge water, but whither the water got into the bilges from the deck, and in such a wav as the defendant could claim that it was curing stress of weather, he considered had not tern proved. The question whether the damage could have been avoid'd had the ship been fitted with proper and sufficient apparel, he had vety carefully considered, and he was satisfied that it could. Judgment woo’d therefore be given for (He plaintiffs, with costs and w Itnesses’ fees.