MAGISTERIAL.

Globe, Volume XXIV, Issue 2656, 11 October 1882, Page 3

MAGISTERIAL.

OHBISTOHUBOH. Wednesday, Ootobbb 11. [Before O. Whitefoord, Bsq.. B.M.] Drunkenness. Four men for first offencei were fined each 5), or in default to be imprisoned for twenty-four hours. Epilepsy. —A woman, wboue face was very much disfigured by outs and bruises, was brought up charged with drunkenners. She pleaded not guilty. Constable McGill stated that the accused had been found lying on the Perry road the previous night at about halfpast eleven o’clock. She was brought into the Phillipstown lock-up, of which witness, had charge. She appeared to be suffering from the effect* of drink, bat on further examination he failed to detect the odor of liquor about her, and he had now reason to believe that she had fallen down in a fit. She had been attended to as well as possible in the look-up. She was discharged. BrrBNHAM SohooXi Children. —Elizabeth D jbbinson (14), Emma Dobbinson (12), John Daniels (14), and William Slope? (13), whose terms had expired, were recommitted to ths school till they attain the age of fifteen years, their parents having been proved to bo unfit to take charge of them. Civil Oases.—Koir v Kirkwood, claim £65 5», for rent of certain property. Mr Gresaon appeared for plaintiff; Mr Stringer for defendant. Defendant pleaded that the property had been lot by plaintiff to one Hankins, who was consequently liable. It was proved that defendant bad been in possession, had paid rent, and had not given notice of bis vacation of the premises. Judgment was for plaintiff for the amount claimed, with costs- Bead v Hawkins, claim £3O. Mr Thomas for plaintiff ; Mr Holmes for defendant. Plaintiff is »|coaoh-builder. On July 15 th last he passed to partners named Wills or Besre and Huddleston, a brake, under a certain agreement. They were to pay £lO, and if. at the end of three months, they paid £27 10s, the brake was to become their property. Plaintiff intended the £lO to be accounted as hire. Some time ago, ond consequently before the three months named in the agreement hsd expired, plaintiff found that the brake had been sold to the defendant, and plaintiff took the present action against him, the balance over £27 10s being law expenses after action had been taken. Wills aad Huddleston had waited on plaintiff and tendered him £27 10,?. He, however, refused it, referring them to his solicitor. The defence was that defendant had purchased tho brake legitimately, ond had incurred no responsibility on account of the agreement between tho other parties named. The Bench held that the transaction between the parties to the agreement had been an inchoate sale, leaving the buyers at perfect liberty to re-sell at any time on payment of the sum demanded by the agreement. Judgment was for defendant, with costs, Baugh v Tfickett, claim £2 for work done, &c. Mr Oorr for plaintiff, Mr Jeyoe for defendant. Judgment for plaintiff for £1 6s, with oosts. Mentzel v Mrs Effie, clai?n £24 18j. Mr Holmes for plaintiff, Mr Stringer for defendant. Defendant had, on September 27th, entered plaintiff’s house at Pbiliipatown, and in spite of her resistance took from out of her bedroom a chest of drawers. He strewed about the rosd clothes which ware in the drawers, and they were damaged. The drawers he took away in a oart. Ho also struck plaintiff four times, and used very bad language. The action was brought for damages, viz., for assault and battel/, whs-eby plaintiff became hurt in body and feelings, £6 ; damage for trespass, £5 ; value of drawers, £3 18?, or their return ; damage by unlawful conversion of the drawers, £1 ; and damage to clothes, £9 j total, £24 18s. For the defence it was pleaded that the drawers had been sold by defendant on hire or deferred payments, £2 down, and 7» 61 per week, up to a total of £3 18s. Plaintiff defaulted, and defendant, hearing that plaintiff had given a lion over the drawers to another creditor, entered the house and look away the drawers, but without using any violence to plaintiff or damaging the clothes. The Bench thought an (unwarrantable trespass and assault had been committed, and gave damages to plaintiff as follows, viz,, for assault £2, for damage to clothes, &p., £5; defendant to pay costs of Court, solicitor's fee £1 Is, and expenses of three witnesses £1 2s. Judgments wont by default for plaintiffs in Strange and Co. v Ellman, £2B 11s 2d } and Anderson v Berg, £33 19a 6d. Kelson t Main was adjourned till Oot. 18th,