RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXII, Issue 4953, 6 February 1877, Page 2

RESIDENT MAGISTRATE’S COURT.

Monday, February 5. (Before J. C. Crawford, Esq., R.M.) DRUNK AND DISORDERLY. William Barkley, charged with having been drunk, and who was apparently suffering from the effects when placed in the box, was remanded for a week.—John Finn, for having assaulted a constable and being drunk, was ordered to pay 405., or seven days’ imprisonment.—John McGinn was. fined 10s. for drunkenness and disorderly conduct ; and John Thomas, for having attempted to rescue him, was mulcted in the sum of 205., with the alternative of forty-eight hours’ imprisonment. REFUSING DUTY. John Byrue, a cook on board the American brigantine Josephine, was charged by John B. Stahl, the captain, with disobeying orders. The cook had got drunk, and consequently neglected his duty, and when asked to cook refused. The prisoner said that the galley leaked so badly that he was unable to keep the fire alight, and therefore could not cook. He denied being drunk when asked to work by the captain. His Worship told prisoner that he was liable for the offence he had committed to four weeks’ imprisonment, with hard labor. He was sent to gaol for forty-eight hours. BIIE VCH OF THE MERCHANT SHIPPING ACT. On the information of Richard B. Waugh, the mate of the brigantine Belle, John Howes was charged with the above offence. The mate’s statement was to the effect that discharging some cargo a cask of wine fell down into the hold and struck some others, staving one, which leaked. He ordered the

cask to be set on its end; but the prisoner held his cap under it, and when told to desist per* sisted in doing so. He was then given in charge. Thomas Frost, who was called as a witness, corroborated the mate’s evidence. The prisoner was sent to gaol for forty-eight hours. A STOWAWAY. John Johnston was charged with having stowed himself away on board the steamer Wellington on leaving Picton for this port. As the purser of the steamer, who laid the information, was not present, his Worship dismissed the charge. LARCENY. Richard Gordon was charged with stealing a horse at Featherston, whither his Worship remanded him. He was allowed bail of £IOO personal security and two sureties of £SO each, BREACH OF THE DISEASED CATTLE ACT. W. E. Oliver," master of the barque Aus* tralind, was charged with having committed a breach of the above Act (by causing to be landed a certain imported horse without having obtained a certificate enabling him to do so. Mr. Bell appeared on behalf of H.M. Gus* toms, by whom the information was laid, and Mr. Travers appeared for the master of thevessel. Mr. Travers said there could be no doubt but that the offence had been committed. The horse was landed on the day of its arrival, the vessel having had a rough passage, and it was the duty of the Inspector to leave a copy o£ the Act on board, which was not done. The defendant was able to show that the horse was free from any disease, and he hoped that, con* sidering all the circumstances, he would be leniently dealt with. Mr. Bell stated that it was under the 11th section of the Act that the proceedings were instituted, and by section 33 the amount o£ penalty was at the discretion of the magis* trate, not, exceeding-£SOO, He would not press for a heavy penalty ; yet he was in* structed to ask that a mere nominal one should not be imposed, but one which would show that the regulation must be complied with. His Worship imposed a penalty of £5, with costs. ' i \ ■ ; Mr. Bell said he should ask that the horse be forfeited ; but as it was perfectly clear it would not be destroyed, he should represent the circumstances to the Customs. A similar information against Captain Wil* liams was withdrawn.