RESIDENT MAGISTRATE'S COURT.

Lyttelton Times, Volume XII, Issue 744, 24 December 1859, Page 4

RESIDENT MAGISTRATE'S COURT.

ChkistciiuecFt.—Tuesday, December 13,1859, (Before John Hall, Esq., E.M., and a full Bench.)

THE "TIPPLING" ACT,

The case of Balhird v. Birmingham for debt, £15 17s. 6d., came on to-day, having been adjourned from time to time to consider the applicability in this provinco of the "Tippling Act." Mr. Duncan appeared for the plaintiff, Mr.' Wyatt for the defendant. ■

After hearing tho arguments in favour of and against tho applicability of the act in this provinco, the Court was cleared. Upon its opening again, the magistrates gave a decision to (he following effect:—That the " Tippling Act"—or rather tho clause which precludes a publican from recovering any amount for spirituous liquors unless 20.5. worth or more was taken at one time—was iv force hore;

but seeing that some misunderstanding had existed •with the publicans in this province m to this apt, the magistrates would give judgment for the plaintiff in all oases which camo under this act, unions the defendant proved to their satisfaction that tho items in his account, were spirits. The magistrates would therefore give judgment in this case for £10 13s. Od. and cosljh ; some of the items being proved by Mr. Wyafcfc to have been spirits. Richard Norm was brought up on a charge of drunkenness, making uso of profane language, aim of wantonly harassing a hor.se in the town of Christenurdi. Tho charge was preferred by the police. Convicted, and fined £5, or in default imprisonment for ono month with hard labour. The prisoner did not pay the fine.

INSPECTOR OF SIIKKP V. EDWARD OWEN. BREACH OF BHEEI? ORDINANCE. There were two cases preferred against the accused for allowing his sheep to trespass, under the 22nd clause of the Sheep Ordinance: first, on the 29th day of October, on Messrs. King and Stace's run; second, on the 30th of October, on Charles White's run at Race-course Hill. Tho accused was convicted and ordered to pay a fine of £50 in each case.

Wednesday, Dec. 14tjt. (Before J. Hall, Esq., KM.) INSPECTOR OF SHEEP V. CHARLES WHITE, BREACH OF SHEEP ORDINANCE.

Mr. Duncan appeared for the prosecution, Mr. Wyatt for the accused. There were three informations laid against Charles White by the Inspector of Sheep for allowing his sheep to trespass, under the 22nd clause of the Sheep Ordinance, on the 13th September, and Ist and 25th October last, on Mr. McFarlane's run. The 25th October case was dismissed; in each of the others the accused was convicted and fined £25.

Charles White also appeared to answer another charge preferred by Mr. Duncan, as solicitor for Mr. McFarkne, for allowing his sheep to trespass on the hitter's run, on the Bth November last. Mr. Wyafct, who appeared on behalf ol accused, admitted the charge. The accused was, therefore, fined £25. REGINA BY INSPECTOR OF SHEEP V. D. M'FARLANE.

BREACH OF SHEEP ORDINANCE.

This charge was preferred against Mr. M'Farkne by the Inspector of Sheep for allowing his sheep to trespass on 0. White's run at Eace-cour.se Hill, on the 25th October last. Mr. Duncan,, on behalf of the accused, admitted the charge. Accused was, therefore, fined £25. FURIOUS DRIVING. William Moore was lined ss. and costs £4i.ls. 6d. for furious driving, under the 4th clause.of. the 4th section of the Polico Ordinance. The charge was preferred by Samuel Dufty, of Christchurch. Wednesday, Dec. 21. (Before John Hall, Esq., R.M.) Several drunken cases were disposed of to-day. "WIFE BEATING.