RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXIV, Issue 5582, 18 February 1879, Page 3

RESIDENT MAGISTRATE’S COURT.

Monday, February 17. (Before T. A. Mansford, Esq., R.M.) , . VAGRANCY. Adelia Dick, a very old woman, who appeared very infirm, was charged with having no lawful visible means of support. She was sentenced to six months’ imprisonment, without hard labor. LARCENY. _ William Hart was charged on r tho information of William Sipith, for stealing from Barrett’s boarding-house the sum of £6. Sergeant-Major Bevan asked for a remand until Thursday, for the production of more evidence. Remand granted. CIVIL CASES.

Ballance v. Goldsmith.—Judgment summons for £ll 4s. Defendant was ordered to pay the amount in instalments of £2 a month, or to .bo imprisoned for six weeks.

RE-HEARING. A ro-hearing was granted in the case of Williams V. Bath conditionally on the plaintiff paying costs. Fixed for next Monday, C. Ludwig v. A. Dyer.—Claim, £1 10s. Judgment for plaintiff by default for the amount claimed and costs. D. Asher v. R. Biddle.—Claim £l2 19s. lid., for damage to a house, alleged to have be in done by defendant while lessee of it. Judgment was given for plaintiff for £3. H. Pitt v. D. P. Davis,—An action to recover £2O, as damages sustained by a contract entered into by the defendant in surveying plaintiff’s property, and never completing it, thereby preventing plaintiff from obtainiog the Crown Grant. Dr. Buffer appeared for the plaintiff, and Mr. Chapman for the defendant. Judgment was reserved tiff Monday next. S. R. Johnston v. M. Cronnin.—Claim, £2 10s. Id. for goods supplied. Judgment for plaintiff by default for the amount claimed and costs.

J. Smith v. Captain Bonner.—Claim £1 125., goods supplied. Judgment for plaintiff for the amount claimed, and coats. Stevenson and Stuart v. T. Price.—Claim £lO, goods delivered. Judgment for plaintiff for £9 17s. 3d., and costs. W. M. Bannatyne and Co. v. G. Anderson. —Claim £46 11s. Judgment by default for the amount claimed, and costs £4 14s, 6d. Maco and Arkcll v. J. Donnally.—Claim £0 4s. 6d. Judgment by default for the amount claimed, and costs. W. W, Taylor v. S. Read.—Claim £l3 9s. 2d. Judgment for the amount claimed, and Costs. Falcon v. French.—Claim £5. Judgment for plaintiff for the amount claimed, and costs. JUDGMENTS. Austin v. Lottkowitz —His Worship delivered the following judgment in this case:— “ I am of opinion that the Act of 12 George 11., c. 28, was applicable to the circumstances of the Colony of New Zealand on the 14th day of January, 1840, and became part of tho statute law of the colony by tho English Laws Act, 1850. The statute of George 11. enacted, inter alia, that every sale of land by any lottery depending upon or to be determined by chance or lot should be void to all intents and purposes whatsoever, and it has been decided that every contract made for or about any matter or thing which is prohibited and made unlawful by auy statute is a void contract; I am consequently of opinion that the plaintiff cannot recover for any items in his claim having reference to the Art Union. I give judgment for the plaintiff for the first and second items, amounting to £2, and costs 55."

His Worship gave judgment in N. J. Isaacs v. H. H. Travers, an action on an acceptance, as follows :—“ This case mast be governed by Montague v. Perkins, 22 L J., CP., 187, and tho later case of Arrafield v. Allport, 27, L J., Ex. 42. The defendant when he issued this acceptance, it being directed to him, made himself liable. He gave his authority to anyone to draw upon him when it might be convenient to do so, or when the person to whom he gave tho paper might think it advisable to apply it for that purpose. He must be taken to have intended tho natural consequence of this act. If this were not so, and a bond fide holder werenot to be protected, then a person who had used the utmost care might be subjected to a loss in order to relieve another who had used no care, but had put the person to whom he gave the acceptance in a position to impose upon the most innocent and cautious. Judgment for plaintiff for £IOO and costs.”