RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume III, Issue 38, 22 March 1879, Page 3

RESIDENT MAGISTRATE'S COURT.

TotebMy,;Mabch J56, 1879. . pßtfore ft Ward; Esq. B. M.J i)»ipsrKßr chabge of a oaet. Francis Hayne's was charged with a breach of the Public Works Act, 1876, by being drunk while m charge of his licensed Vehicle. Constable Gillespie gave evidence to; the effect that on the evening of the 12th he •aw the defendant ' drunk -otftsidS <-a hdtel * door. A man'pasiing" by lifted him into his. dray and set the hone going, while another followed ' it home, to see that nothing pccHrred. ■■*< The Bench inflicted a penalty of £1 and costs, or three days' imprisonment. PEPPEB V. BBANDON. In ijhia case, .which was heard upon the last Court dayj plaintiff claimed £50 damages for injuries received.' Mr. Ward gave judgment, after reviewing the evidence at considerable length. . The chief witness for the plaintiff- was a man named Jepsen, but the Bench was inclined to receive his evidence with very considerable caution, for two reatons—tone, that prior to the hearing of the cast defendant's counsel had asked that all witnesses should leave theCourt,and although the. one alluded to, had heard the order, he did not comply with it. When called upon to give evidence Jepsen answered from the body of the Court, and counsel for the defence took exception to .the' reception of his evidence. The Bench f ih dealing with, the* objection, had been fully aware that counsel had data for the support of his plea, nevertheless it decided to let the evidence be given, and deal with its weight afterwards. In looking up authorities, the Magistrate had found that the action taken was endorsed by the English Courts, though not by the Scotch. Jensen stated that h» saw the defendant ride into the plaintiff's horse from behind, and though Pepper was thrown down and considerably bruised, he (the witness) had pot made the slightest effort to go to his relief, f or the reason^ as he had Btated, that he was afraid he might. get into a row. Against that evidence, Moore testified that he had seen Jepsen a short time previous to the aceident,and that he was then quite drunk. Those two circumstances weighing' together^ the Court had come to the conclusion to set aside that portion of the evidence, for the phvintiff, and it then Barrowod itself down to that given hy the two. prineinalß, which certainly was vary conflicting." In support of the defendant, thtre was the fact that the pommel of trhe ; •addle used-by him had received., an injury from behiridi" and the weight of evidence' went to show that the^ damage ha 4 been received by a" collision. Such .being the case then, it would appear that the .statement of Mr/Brandon, to, the effect that the plaintiff had -collided with-him, and^not as had been alleged vice versa, was more likely tc be : Correct. THe Court, . tJieref oye, "was of ' opinion that the claim could not be sustained, , and the case should be dismised with costs/ • - H. S. Palmerson v. Joe Cotterill. — Claim, £20, 7«. upon a promissory-note. The defendant did not appear, and plaintiff gave evidence toy the r effect that he had met Cotterill m 'who being, without money and anxious to get to Canterbury, he had lent him the money purely as an act of friendship; He, however, had not met the bill, and had received notice of its dishonor by th« bank. It appeared, however, that the bill was mads payable at Christchurch, and the Bench held, that it had no juris*' diction. . Maclean: and Staite y, Thomas Moffatt; — Claim, £3 3». Plaintiff, took exception to one. item m jthii bill of particulars, but it^ was overruled by the Bench, and an order made for kmount claimed, with costs. ; I), B^.. Lowers ,t.J. Huckstep.— rCfehjoi, £9 0». 4d., for goods supplied. Defendant admitted the debt, and proposed payment at the rate, of £Jl 10s- per mpnth. This wa> accepted, and an order made accordingly. James Sherrin v. John Davis.— Claim £27- 6s. From th* evidence it appeared that a large portion was claimed for board, but upon cross-examination plaintiff admitted that not only was the house the property of the defendant, but Mr. Davis had also •upplied provisions for his own and plaintiff's keep. A. cheque, for th« wages claimed, amountiag- to £9 12s. 6d. had been offered- ♦■« Shernp,- and refused. The Bench, gave for. £9 125.. &JI, the plaintiff to pay hii bvrn. costs. J). B: Lbwers >. P. BT. Poster.— Ckiin, £19 Bs. lOd. Defendant did; not appear, and judgment '.w«js. given, e^partey for amount claimed.- ... '"'-^ H. Cr»mond\v. J. O. Bult-— (3laiM^ £-2, 65., J6d. Mr. Staite defended >:^^ jears^ecl; claim o^.tjie ground- that -jplamtiff wai^u- . uncertiftcated bankrupt. Jfe Cranipnd .s£■ .posed that his release had i>een granted &», tost: September, being prior t« the purchase. of the goods sued foif, but he-hadnot yet received the document from his solicitor. The .Court,, hel#/thjitit was neeessarjr the!/! certificated should: be produced, and ad-1 journed the caie for, a. fortnight for that, purpose, plaintiff' paying costs thereof ; . ; Edward Marsh v. George Green.— Claim, £23 4k. 7d.:Mr. Staite for plaintiff said his client would not have, proceeded with the case, were, it not for- the. fact that defendant had ropeafdly evaded payment, Pefendanfr admitted liability, with the exception o£ 11s. 6d. for a pail* of bpots, which had been returned, anif that a™© ll ?^ having been struck oS; by-consent op counsel, an, order, was made for payment at the rate, of £2per, moniih.. ' Green, w.ho is a, Corporatiom laborer at Asfcurst, informed the B^nch it was utterly impossible that he. could pay such, heavy Jnstalnients, but Mr. Sf arfi said he, shpuld have given that some; con-. « sideratibfr befoijp recklessly • running sucha long account, a^d declined to reduce the . ampunfe: ": Hector Bootlii the. collector for the ManBpard, summoned swej^ vdefaulting/jratepayersi and the Court adlournedithem unta the 10th of Anril.

Japanese; farmers are. m dftf(reßg. Floods of extraoduia^y magnitude have swept the lowlands ; ij^cts have destroyed 80 per cent of the boajij^pp.; small insects, ha^e devastated the rice, fields ;.and m various parts of the empire virulent, infectious diseases are among horses, and cattle,