MAGISTERIAL.

Globe, Volume XXIV, Issue 2614, 23 August 1882, Page 3

MAGISTERIAL.

CHBISTOHUBOH. Wednesday, August 23. [Before C. Whitefoord, EBq., 8.M.1 Dbunkbnhbbs.—Sarah L. Bowman was fined 10j, Margaret Bowen for using obscene language in a thoroughfare was fined £l, each in default of payment of fine to be imprisoned for forty-eight hours with hard labor.

Stealing Bbbad. —Hezskiah Osborn, a little boy aged nine years, was charged with stealing two loaves of bread, value 6d, the property of John Hopper. Wm. Harris stated that on Monday last while delivering bread from a cart in Gloucester street east he had raaion to believe that some had baenstolor, and on Tuesday, when in the same locality, he watched case cart at a distanoe. He saw the prisoner, who was in company with three or four bigger boys, take out two loaves. Witness gave chase and caught him. The boy then said one of the other boys, named Stevenson, had sent him to take the bread. Ha made the same statement to his brother and the police. The brother, who was in Court, said the boy was a well behaved boy, but seemed to have got into bad company; he had no doubt what he said about the other boy was true. Sergeant Mason said the other boy would have been brought up, only there was no evidence exoept that of the prisoner against him. His Worship cautioned the boy severely, and promising him a whipping if he everoame up agaio, discharged him.

Stbuok Out.—Charges of desertion and assault, preferred by Isabella Murphy against her husband, Michael Murpby, were struck out, there being no appearance of the plaintiff. Assault.—The caie Bradley v Bradley, in whioh plaintiff charges her husband with assault, was adjourned till August 26th. Civil Case.—J. Brown v Staples, claim £23 14s 9:1. Judgment, with costs, was for plaintiff by default.

LYTTELTON. Wednesday, August 23.

fßefore J. Ollivier, Esq., 8.M., and J. W. Smith, Esq., J.P.J

FatihthbFibb.—For allowing a chimney to take fire, as the defendant said through some fat getting .into it, a fine of 5j was imposed. Bbbach oi the Licensing Acr.—Wm. Arthur Wood, lioensee of the Albion Hotel, was charged with selling liquor on Sunday, the 20th instant, to Margaret Pearce, who was not a bona fide traveller. Mr Nalder appeared for the defendant, and admitted that liquor was sold, but not by Mr Wocd or by anyone by his authority, Constable McLennan gave evidenoe of having stopped the yonng lady with a shilling's worth of beer outside the hotel, and having traced the sale to the " boots " of the hotel, the man who sold it to her. In reply to Mr Nalder, the oonstablo said the hotel was generally well conducted. The " boots " of the hotel gave evidence, and, in auswar to counsel, said that his master gave him the keys of the bar, with order not to sell to anybody but boarders. Other evidence was called. Mr Nalder contended that the licensee was not liable. The words " any person " in the 155th clause of the Act were not shown by the interpretation of the Aot to be exclusively lioensee, and the p-oper perjon, therefore, who made the sale and «k) had committed the breach of the law was the " boots" of the hotel. The Bench said it was a pity that the penalty in the Act, namely, an endorsement on the license, was so severe, much more severe than any ordinary money penalty. In this oaso the servant had aoted in direot disobedience to his master's orders, and while his master had not exercised as much car* as he should have done in leaving the keys of the bar in the " boots'" possession, while he himself had gone out; yet he had discharged the "boats" the moment he beard what he had done. 7ho Bench, though anxious to bring home any charge of Sunday selling, were reluot&nbly disposed to dismiss this case. [Before J. Ollivier, Esq., E.M.] Thb Building Btlaw.—J. Sowden v Cane. Mr Nalder, instructed by the Borough Council, for the plaintiff. Plaintiff showed that a frame addition had recently been put up by the defendant to her boarding-house in London street. The by-law required that the work should have been done in either brick or conorete. Mr Mutton, who put up the iron and wood addition, gave evidence, and was told by the Beruh that he himself was really ai much liable as the defendant. As it was the first case under the by-law the Bench took a lenient view of the offance, and imposed a floe of 10s and 7s ccsts. Civil Cases. Q'Grady, claim £2 9i ; Sirett v Green, claim £l7 s Mr Nalder for plaintiff ; judgment for plaintiff by default in each case. Whittiogton and Cutler v Hollia and Williams, claim £6l 3) lid, for stone supplied; Mr Nalder took obJ3ction to Geo. Cutler being pint in the claint. [Left sitting. J