RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume III, Issue 61, 11 May 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

PALMERSTON NORTH. Thubsday, Mat 9th, 1878* (Before His Worship, the Mayor, R. Ward, Esq.^R.M j and Messrs., V. Monrad'' and J. T. Dalrymple, Esqs., J's.P.) . TBANSFEE OF LICENSE. Mr. Staite, on behalf of James _T. Owen, made |application for a transfer of the license for the Clarendon Hotel, Palmerston, to James Carroll. The intending licensee was examined as to his knowledge of the duties of a publican, and the result being perfectly satisfactory to the Bench, the application was granted, conditionally upon the compliance with certain requirements. JTON-BEGISTBATIOSr OF BIBTff. Robert North Keeling, Registrar of Births, &c, made complaint against Joseph Kruffvan for not having registered the birth of his child within the time allowed by law. Defendant, who was a German, was questioned through an .interpreter, admitted the offence, but - pleaded ignorance of the Act. The case was adjourned to allow of Mr. Keeling E reducing proof of his authority to act,' ut upon the recalling of the. case, the Bench was not quite satisfied 'as to ita bona fides, and further adjourned the case, so that Mr Keeling could communicate with the Registrar-General. CIVIL cases. George Boyd v. Hastwell, Macara, & Co. Claim, £8 14s. Mr. Staite appeared for the plaintiff, and Mr Cash for the

defendants. The amount was claimed for tolls demanded for ferrying of coaches over thejLower George Ferry of the '.Manawatn.-' In opening the case for the plaintiff, Mr Staite said he was at a loss to imagine what would be the grounds for the defence. He was prepared to admit that where the coaches were employed m tho exclusive carriage of mails, wey were exempt from the payment of aiu. tolls ; bat he submitted that the defendants could not set up any such deferice.'inasmuch as, m addition k> the carriage of mail ba^.s, not only passengers, but goods Snd parcels were conveyed to and fro; He would not, how- « ever, further delay the time of the Court, but would call the plaintiff, George Boyd, who deposed : I am the of the Lower George Ferry, over the Manawatu, and have been so for the past nine months. The lease produced is one I hold from the Manawatu County Council, and under which I act aS: ferryman. Mr Cash wanted to know if it were the intention of counsel to put forward the (document m evidence P — as, if so, he "wished at an early stage to* take objection thereto. Mr Staite was somewhat surprised at .the objection. The lease produced wasvery different from one held from a private person, which, having the seal of the County Council attached, became a public document, and, consequently,: should be admitted m evidence as such^fl without further proof . Mr Cash held a different opinion, and a very lengthy argument ensued, at the x end of which the Bench retired for a short time to decide upon the question of admissibility or otherwise. On returning into court, Mr Ward stated : that the Bench was of opinion that the lease could not ?be received ih : evidence : without the tostunony of the Clerk ofthe County Council. Mr Staite confessed that the ruling, ,- took him completely by surprise^ a ""' parallel to which he had not ih his professional experience. Under the circumstances he would not proceed with the case, and would consent to a nonsuit. 77 . .:. Ayy. "■'-■'■" ■' X""' '■':. ;■■ The Bench t suggested 7that an ladjournment of the case might be granted, to allow ofthe plaintiff securing the I attendance of Mr Osborne, late Clerk !to the County Council, to which Mr: Staite assented, and Mr Gashr did not oppose. The latter, however, made ap* plication for special costs, inasmuch as the case had been a long-time on the list, and plaintiff should have been pre ~ pared with his witnesses. The Bench pointed out that although the case had been hanging over for some time,it was^purely the fault of the defendants: that it was so, as. both former adjournments had been granted at their request. . Mr Staite said he would decidedly object to anyj special costs. In the Erevious adjournments one guinea costs; ad |been allowed, and that was all that should now he claimed. Case adjourned for a fortnight, with one guinea costs. >. , " Henry Knott v. James Nelson Owen. Claim, £3, for a; quantity :of hay, sold and delivered. /Defendant' denied receipt of more than one-third of a ton, and paid £1 lis into court for that amount. Mr Staite appeared for the defendant. Plaintiff stated that he- had sold three quarters of a ton of hay at £4 per ton, and although he hadjjrequested Mr Owen to weigh" <it, he refused to do so. Before proceeding with the. ease, the Bench drew plaintiff's attention to the fact that white he waa asking for payment for. three quarters of. a ton, m the bill handed m the amount set down was one-third of a ton. Mr Staite for the defence drew attention to the coincidence that while his .client asserted received but one-third of a ton; and. had paid that sum into Court, the plaintiff while claiming £3 for three-quarters* actually mentioned the smaller quantify admitted to have been delivered. Mr Owen, being sworn: flatly denied having received- more that 7701b5,. ; and contradicted the evidence of plaintiff hi every particular. After some consideration the Court, said that it was oath against oath, but they were of . opinion the balance <^m weight was with the defendant. TttS^ plaintiff was adjudged the money paid into court, but on the claim for the larger *sum, wasnon-suited with costs. Mathew, Hamilton v. Teira Te Panau. " This claim was for £1 Is 6d, and the case was adjourned from last Court day m order to enable plaintiff to produce evidence to defeat a plea of non-liability under the Statute of Limitations. This, he did to the satisfaction of the Bench, and judgment wa&awarded for with costs. George M. Snelson v. Edward Morris. Chum for £24 125, upon a dishonored promissory note. Defendant did not appear, and an e^arfc? judgment was given for amount and costs. "Walton and King v. Fred Finnis. Claim, £3 6s. Defendant admitted the debt and judgment was given by consent, the sum to be paid within one lanonth. Eoe and Green v. Matts Nickelson. Claim, £il 18s* Id. by consent, to be paid at the; rate of £1 per month. _ Eoe and Green v. Cummins. Claim, £7. Judgment by default for amount claimed, and costs. Boe and Green v. Downey. Claim, £2. Defendant did not put m an appearance, and an ex parte judgment was given with costs. Boe and Green v. Edward Morris. Claim, £7. No appearance of defendant, and an order for amount and ! costs. Robert Mackie v. Edward Morris. Claim, £25 lis, upon a dishonored promissory note. The defendant did not answer to his name,, and judgment was given by default, with costs. Francis Loudon v. Thomas Symohs. Judgment summons for £27 12a 9d. Mr Staite, on behalf of Mr Warburton, who was absent, agreed to judgment, at the rate of 30s, a month to paid for mx months, at the end of which time* the balauce to be paid m a bulk sum, Thomas Nelson v. Callaghan. Claim, £4 18s lid. This was a judgment summons. Defendant did not appear, and an order was made, — m default of immediate payment — of fourteen days, m Wanganui gaol. The Court then adjourned.