MAGISTRATES’ COURTS.

Globe, Volume XXIII, Issue 2183, 23 February 1881, Page 3

MAGISTRATES’ COURTS.

OHBI3TOHUKOH. Tuesday, Fbbbuaey 23. [Before J, Marshman and J. E. Parker, Esqs., J.P.'s.] Oivii» Oases.—City Council v Harrison, 6j 6d, for scavengoring charges. Defendant § leaded that the money was owing for work one for a tenant of his, who had loft the house for which the charge was made. Defendant had an agreement with his tenants by which they undertook to pay all such dues, and ha had no doubt the real debtor in this case would pay if sought out. Similar cases had often come before the Court, notably that of the Church Property Trustees, when it was decided that tenants, not landlords, were held liable. The Bench, however, thought defendant should pay, and gave judgment for plaintiffs, with costs. Defendant went away declaring that ho would appeal, if he could, against the decision, if it cost him £IOO. Same v Ulrich, 6i 6d, also for scavengoring dues. Defendant stated that the amount had boon paid by a former tenant, and produced a receipt dated subsequent to the period claimed •for, Mr Leahy, for the Council, explained that the receipt was for an intermediate period, leaving the present claim untouched. The Bench said if defendant wished they would adjourn the ouoe, to give him an opportunity of proving if he could that the claim had been paid. Defendant declined the adjournment, and claimed a verdict on the ground that the receipt ha hold showed that ho had paid all ho owed. Ho said he would perforce submit to an adverse judgment rather than lose his time by coming to Court again, but he put it to the Court whether he had been treated properly, or whether the Oity Council had done their business as any ordinary business firm would have done. The receipt if it did not clear off arrears should have shown that on its face. It would have been easy enough to have brought forward on it all arrears and, if necessary, to have marked the payment “on account.” He was free to assort that if a private firm were to be so slovenly in their dealings th ey would soon land themselves in the bankruptcy court. The Bench while agreeing with defendant as to the defective method the Council bad of rendering accounts could not in the face of defendant’s refusal to prove the payment of this demand do otherwise than give judgment against him. Judgment for plaintiffs for amount with costs. Williams v Mrs Gordon, claim £l2 10s 6d, amount of a dishonored acceptance. Mr Holmes for plaintiff, Mr Joyce for defendant, who pleaded coverture. Mr Holmes, in a long argument, asked that the ease might be dealt with on equitable grounds alone. The Magistrate decided that they could not go behind the law, and nonsuited plaintiff, with costs. Whitfield v Smith, £1 3s 6d, for goods supplied. Defendant pleaded a set-off, but written notice of the same not having been given to plaintiff, judgment was given for defendant wich costs. Judgment was given for plaintiffs, with costs, in Oity Council v Yickinsler, 11s, and Carson v Badger, £-1 and costs. Judgments went far plaintiffs by default in Hubbard v Smith, £7 10s ; Clark v Cooper, £ll 12s; Lee and Williams v Stirling, £2 2s 6d ; Oity Council ▼ Brooks, 5s ; v Radkin, 6s 6d ; v O’Malley, 8* 6d ; v Taylor, 6s 6d ; v Clark, 6# 6i ; v Oothier, £1 4s 9d; v Oookson, £4 16s 2d ; v Brins, £2 ss; v Marks, IL.; v Goodyer, 6s 6d; Baird and Co, v Featherly, £3 18s 61 ; Gadding v Morrison, £2 19s ; and Banks v Aiken, £ll 9s 3d. Orerar v Reeves was adjourned till the 29th inst. Wednesday, Fbbbuaey 23. [Before J. Nugent Wood, Esq., R. M., J. Ollivier, and J. E. Parker, Esqs., J.P.’s.] Breach op Public House Ordinance.— The ease against K. Toovey, a licensed publican, for selling liquor to other than boarders in prohibited hours, adjourned from the 9th and 16th insts,, was again brought on for judgment. Counsel for defendant, Mr Thomas, had claimed a dismissal of the information on the ground that notice as required by the Act had uot been sent to the defendant before the information was laid. The contention of Superintendant Brohan for the prosecution was that a clause in the Licensing Act over-rode the requirement in the Publiohouse Ordinance, and consequently no notice requiring to be sent, the case should bo heard on its merits. The Bench said that, after due consideration, they were of opinion that the notice to defendant was necessary, and the information must be dismissed. Dismissed accordingly. Failing to Provide —B. Wiggins, who bad failed to obey an order of the Court for the payment of £1 par week to bia wife for her maintenance, was now ordered to comply with the order forthwith, and come up again on March 9th for judgment. A case against Joseph Cummings for neglecting to pay for the maintenance at Burnham of his children, was adjourned till Maroh 3rd. Samuel Richards, brought up on warrant from Timaru, having deserted his wife, and not having paid anything towards her support during four years, was ordered to pay her £4 forthwith, and 10a per week afterwards. Transpose op Licensee. Temporary transfers ware granted of the licenses of the Albion, Christchurch, Carpenter to Daniels, and of the White Swan, Christchurch, Collier to Oonolly.