RESIDENT MAGISTRATE’S COURT, BLENHEIM.

Marlborough Daily Times, Volume II, Issue 103, 16 March 1880, Page 3

RESIDENT MAGISTRATE’S COURT, BLENHEIM.

Momi.vy, Makch lorn. (Before 11. Melntire, Esq., R.M.] OUSCKNK LAXCCAOR. James Grainger was charged by G. S. Stollhouse with using obscene language towards him. Mr McXab appeared for defendant, who pleaded not guilty. A preliminary objection was raised by Mr McXab to the information on the ground that the words complained of were not set out, and the defendant did not really know what he had to answer. The objection was over-ruled. MrStoubonso deposed to the defendant making use of the language complained of. Defendant denied having made use of such language as Mr Stenhouse complained of. hut admitted that he told him (Stenhouse) to “ go to blazes." For the defence it was alleged that complainant ha< i greatly irritated tlm defendant by peristently dunning Idm for an amount due and owing by him which complainant was employed to collect. 'Hie 11..•noli imposed a penalty of 10s and costs which amount was paid. kolr r v, ci auk. This case stood over for judgment from the previous Monday. In giving judgment the Court said that several technical objections of importance had been raised in this case but it would only be necessary for him to decide one. Tiio information had been laid under sectionor the “Marlborough Public-house Manao client Act, DSD." for keeping the hoiw open during tin- prohibited hours, The deli'lieo w;t- that the evidence tor the prosecution did not disclose any sale <•! liquor. The section said ” during all other hours" ii. c., than tiiose spocilied in the license) the bourse must be closed. In this ease the house was open —persons not lodgers or travellers were playing pool in the billiard room after II o'clock at night, but there had been no sale of liquor. In the case which had been cited for the defence Judo- Williams said the words were general words and taken in connexion with the context meant, not open for the purpose of selling liquor. It was a question of what was the statutable construction of the words. The Court was of opinion that it would not be of any use to give a deei sion which would probably be upset; on appeal, and lie should therefore dismiss the information, but he might point out to hotel-keepers that if they kept their houses open after hours it might result in a serious loss to them when they came before the Licensing < 'ommissioners. Theca.se was accordingly dismissed. CIVIL CASKS. The following Civil business was disposed of Macartney v. Wilson. Claim for Cl 1 for money lent. Judgment for plaintiff with ro-.t-. in add’tion to the costs of Court of C2 1-. O’Sullivan e. ManD. This was a claim ' the trustee in ( undy's estate* or C! f fid for cash, A<., and was adI jonrned. Ik Del! v. Jellyman and Citing. J I'iiis was a claim for £l7, balance of account for cutting and harvo.-iing -‘sl acres of fee's at i'i per acre. Mr Sinclair appeared for plaintiff and Mr Rogers for defenduts. the substantial defence being that the work was badly done. Several witnesses were examined on either side. The Court reserved judgment until next Monday.