MAGISTRATES' COURTS.

Globe, Volume XXII, Issue 2043, 10 September 1880, Page 3

MAGISTRATES' COURTS.

CHRISTCHTJRCH. Fbidat, Sbptbmbbb 10. [Before G. L. Mellish, Esq., R.M.] Dbuttkenness. —Thomas Fife, alias Quinton, was fined 10s and cab hire for being drunk and disorderly. Pboxection ov Animals Act. —William Agen was charged with shooting a hen pheasant on the property of F. Brittan, at Burnham, on the sth September. Mr Thomas appeared on behalf of the Acclimatisation Society, who promoted the prosecution. John Kussel, a mate of defendant, proved the offenco. Constable Neatherly deposed being near the spot at the time. He heard the ■hot, and on going up found Agen carrying a gun, and the witness Kuesel hud a pheasant in his hand, and a powder flask and shot bag in hiß possession. On being charged with the offence, one or both men said they were poor men, and had been living on the game. There had been much poaching in the neighborhood. Kusael and Agen were then charged with being found in purauit of game without a license. F. Brittan deposed that both men were working for him; they were camped near this place where the offence was committed. He had given strict orders that the game was not to be touched. He did not think these orders had reached the defendants. Mr Thomas pressed for the infliction of a such a fine as would be a sufficient punishment to the men and a warning to others. Mr Brittan addressed the Bench in favor of the men. The locality had been closely watched, and he did not believe defendants were poachers. They were hardworking men, and of good character, and he did not think they fully understood the •ravity of their offence. Mr Mellish said the offence had been fully proved. Seeing, however, the gocd character they bore, and that Mr Brittan had interceded for them, he would deal leniently with them, but a repitition of the offence would cost them a great, deal more. Fine! £2 10s, costs £ll2a, and half solicitor's fee, 10s 6i ; in all £4 12s 6d each.

LYTTELTON. Fbiday, Sbptbmbbb 10. ([Before Joseph Baswick, Esq., R.M., T. H. Potts, and J. Ollivier, Esqs., Justices.] Ak AbsbntPbosbcutob—Henry Belmont, who was charged with the larceny of £lO in money from the schooner Dido, was again brought up on remand. Mr Spaceman appeared tor the prisoner, and asked the Bench to order that the property found on the prisoner be given up. The Benoh had determined when granting the last remand to the police that in the event of the prosecutor not appearing by to-day prisoner would be discharged. The Court now ordered Belmont's release, and that the property as asked by counsel be given up to him. The Fbibndlt Society Case.—J. 8. Willcox, secretary to the Foresters' Society, lodge Court Queen of the Isles, Lyttelton, was called, and the Bench announced its cisions upon points raised by Mr Nalder, counsel for the defendant at the former hearing. Mr Beswick said he would overrule the objection taken to the error in the information as to the dates. As to tho locus standi of the Sergeant-Major of Police to prosecute, he decided that in any information it was competent for the person laying it to conduct his own case, and the Sergeant-Major in this case was entitled, in his opinion, to proceed. As to the two offences in the one information, he was not of the opinion there were two, but would order that the information be amended in case of any doubt existing upon that point. Mr Nalder objected to amendments being made. The case was then gone on with, Sergeant-Major Mason asking the defence to produco a copy of the by-laws and the rules. Defendant's counsel declined to do so without proper notice. S. C. Ralph, a member of the lodge in which defendant was secretary, was put in the box, and testified to the existence of the society, that it was a registered society, that the copy of the bylaws and rules produced by witness were those of the society, andj tbaN the duties of secretary set forth in tbem were the duties imposed on the defendant in his office of secretary of Court Queen of the Isles. Mr Nalder objected to tho evidence 'of this witness being taken. That there was a proper course laid down for the production of this evidence, and that it should be taken, this being irregular. The Bench

overruled the objeotion. Sergeant-Major Mason was th*a sworn, and statsd that he was aoting under the authority of the Registrar General. He produced a copy of the authority to sue received by him, and it was put in evidence. The penalties provided under the Act were not less than £1 and not exceeding £5, and he put the onus of proviDg compliance with the Act upon the defendant. A copy of the Government " Gazjtte " was also put in. Mr Nalder submitted that the case must be dismissed on the ground (1) that there was no proof before the Court that a registrar had been appointed under the Act; (2) that the information did not state that the Court Queen of the Isles was a registered sooiety, clause 13 of the Aot requiring that every society shall do so and so, and that if the society has not registered, no offence has been committed under the Act at all. Whether the society has registered, ho contended, should therefore be stated in the information. (3) That the information disclosed no offence as laid down ; that it should have followed the wording of the statute, which stated that "before the Ist day of April," &s., &c, whereas the information had in it the 31st day of March. The Benoh decided it had power to amend the information at any time as to teohnical objections, and announced that all objections of counsel were overruled. As it was brought as a test case, a fine of £1 and costs would be imposed. Counsel for defendant gave notice of appeal. Crviii Cash.—Mcintosh v Solomon and Jeremiah, claim £23 2s .43. Mr Nalder for plaintiff. Judgment for plaintiff and costs.