MAGISTERIAL.

Globe, Volume XXIII, Issue 2350, 14 October 1881, Page 3

MAGISTERIAL.

CHRISTCHURCH. Thursday, Octobbb 13 [Before G. L. Hellish, Beq , R.M ] Laecbny AB A Baiibb.—Thos. Oolycr was brought up on remand from October 6th, charged with the above offence. Mr Stringer appeared for the prosecution, Mr Holmes for the defence. The following is the continuation of our report of yesterday : W. B. Campbell, who bought the horee from Oolyer, and offered it for sale at Tattersall’s, was next examined, and afterwards W. Russel, who brought the dray and harness, and finally Detective John Neil, who arrested prisoner. Mr Holmes addressed the Bench in a lengthened speech, urging that on the evidence brought forward the Bench could do nothing else but dismiss the charge, Mr Stringer replied for the prosecution. The evidence was read over to the prisoner, who reserved his defence, and was then fully committed for trial at the next sessions of the Supreme Court to be held at Christchurch. Bbiday, Octobeb 14. [Before G. L. Mellish, E«q., R.M.] Deunkbjjnesb.—Bor first offences, one man was fined ss, and another, who had made use of obscene language in a public place, was fined 20s, Bigamy.—George Rowley, arrested on telegram from Dunedin on a charge of this nature, and remanded for the production of a warrant, was brought up, and the warrant being forthcoming, was remanded to Dunedin, to appear at the Resident Magistrate’s Court there on October 17th.

Civil Oases—Parker v Ell, £1 ss. Mr Thomas for plaintiff. In April last defendant borrowed £1 from plaintiff for a week or two and gave him an 1.0. U. for it for £1 5«. The money had not been paid, and this action was brought. Defendant put in as set-off an account for two ha-ns, pleading their delivery was in satisfaction of the debt. In answer to this, plaintiff stated that the hams were supplied to the order of the firm of Parker and Williams, while the £1 lent to defendant was out of plaintiff’s private funds. Ha admitted, however, that he had used one of the hams, or part of it, some of it being unsound ; the other ham went to his partner, who had to throw it away as unfit for food. Mr Williams proved the latter part of this statement. His Worship said that to charge 5s for the loan of £1 for a fortnight was a piece of “ usurious extortion.” It was only a trifle off 650 per o?nt. per annum. He would allow the jirice of one of the hams ns set-off, and was sorry ho could not allow for both. Judgment for plaintiff for 13s, with costs.— Campbell v Woodard, £l9, for damages by illegal distraint. Mr Loughrey for plaintiff, Mr Perceval for defendant. Plaintiff is a tenant of defendant by unexpired lease. Some time in August, a quarter’s rent being then due, defendant, being about to sell the property, made an agreement with his tenant to the effect, as the latter said, that the rent owing was to be foregone, and that plaintiff was to sit rent free until the sale was effected. He was then to turn out. The property was offered, but the sale was forbidden by caveat, and it did not come off In pursuance of the agreement plaintiff had not paid the rent due, and was still in possession of the property. Defendant in the meantime put in the bailiff for the rent due ; he was paid out, and plaintiff brought the present action to recover the amount paid to the bailiff, £8 3s, the balance of the claim being put down as damages. The agreement to let was in writing; (he alleged agreement to vacate was verbal. Plaintiff and his wife proved their statement. Mr Perceval applied for a nonsuit on the ground that the lease could not be set aside, except by a document of equal value ; the Court oould not go behind the agreement. In reply, Mr Loughrey contended that the quasi agreement being for two years only, did not require to be set aside by another agreement, as would have been the case if the term had been three years. A point about the paper being insufficiently stamped was waived. The case proceeded. Defendant and his wife deposed to having only promised to remit the rent in case a oale was effected. His Worship thought the case should not have come into Court, there evidently been a misunderstanding. He would reserve judgment for a week, to consider the point raised for a nonsuit. If he did not go with Mr Perceval, judgment would then bo given for plaintiff for the amount

paid to the bailiff, £8 Bs, with costs and solicitor’s fee.— Judgments went by default for plaintiffs in Mayne v Evendon, £l2 lie Id j J. O, Sheppard v Simpson, £24 14a 6d ; O. Sheppard v Simpson, £lO ; and Langdown and 00. v Davis, £4 14« 6d.—Griffin v Parsons was adjourned till October I9th.