POLICE.

Lyttelton Times, Volume VI, Issue 394, 16 August 1856, Page 6

POLICE.

BESIDEHT MAGISTRATE'S COUKT, IA'TTELTON August 8. Before J. W. Hamilton and C. B. BtAKISTON Esqrs. the mebchant seamen's act, Guild and otheiis v.-Bri9 "Grati-

seamen of the " Gratitude," a vessel registered at lPort Victoria, sought to recover suras of fifty pounds and less, under the Merchant"Searaen's Act of 1854, 17 & 18 Vie. cap. 104. The court was of opinion that the Act did not grant them jurisdiction, the "Gratitude" being within the precincts of the colony to which she belongs. That part of the Act which relates to rights to wages and remedies for their recovery, applied, as enacted, to all ships registered in any of her Majesty's dominions abroad, when such ships are out of the jurisdiction of their respective governments. A corresponding ciause of the former Act of I 844, stated expressly that the summary jurisdiction granted to a magistrate's court for the ■recovery of wages, as well as other parts of the Act, did not apply to vessels when within the precincts of the colony in which they are registered. The existing Act only enforced the provisions in question in any colony where the legislature should adapt and apply them to any vessels registered under their jurisdiction; and enacted that cases not coming under the provisions of the Act should be governed by the ordinary law of the place in which the ship is registered. The court was therefore of opinion that as there is no Act or Ordinance of New Zealand applying any of the provisions of Merchant Seamen's' Act of||lßs4, to vessels belonging to the colony when within its limits, they could exercise no summary jurisdiction under the and that the claim must be taken before some higher tribunal. The case was dismissed. A similar claim of Rodgers, Captain, v. owners of the " Gratitude," was dismissed on the same grounds.

BEFORE THE RESIDENT MAGISTRATE.

August 9. Rayner v: Wycherley.—This was an action for damages against the Captain, by the Doctor of the ".SirE. Paget," for breaking open and searching some boxes, his property. One of the boxes had belonged to the second mate of the ship, who had absconded, having sold his chest to Dr. Rayner. - The case for the plaintiff was conducted by Mr. Dampier. The court was of opinion that the Captain had power to retain the property in question on board, but not to break open boxes. Damages should be given to the extent of the expenses gone to. Judgment for £3. 10s. and costs.

BEFOEE THE RESIDENT MAGISTRATE.

Christchurch, August 12. W. H. Perceval v. Ballard.—This was an action for defamation of character. The defendant had charged the plaintiff, in a summons, with felonious intent in taking away an axe from the Golden Fleece, a case of disputed t property. The evidence went to prove the usage of some malicious expressions by Mr. Ballard against Mr. Perceval. The court considered the charge established. Judgment for the plaintiff— Dam&ges £20.

KArAPOi.—At a meeting of rate-payers, convened at the Kaiapoi Hotel by the Waywarden on Saturday last, a resolution was carried to the effect that it was inexpedient to levy any rates for public works in that district. Mr. Wylde, the Way-warden, was absent from illness.