RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 202, 1 August 1862, Page 5

RESIDENT MAGISTRATE'S COURT.

Thursday, July 31, 18G2. (Before A. C. Strode, Esq., R.M.) Petty Larceny.—Jas. Moore was charged on the information of Constable Henry Dunda3, with unlawfully having in his possession a pie-dish, the property of Messrs. M'Leod and Gibson. It appeared tliat a crate of crockery had been placed in the gangway adjoining Messrs. M'Leod and Gibson's store, and that the constable discovered tiie prisoner there with a pie-dish in his hand, some of the crockery having been taken out of the crate and placed upon the ground. H s Worship read some testimonials, which spoke as to the excelleut chi acter of the accused. The property alleged to have been stolen was of so small a value that he should dismiss the charge, at the same time, the accused had by no means satisfactorily accounted for bis having been in such a place and under such circumstances. The Timber Nuisance.—John Dewlay was j charged with having, on tlie 23rd instant, so loaded his dray with timber, as to obstruct the thoroughfare in Princes-street. His Worship administered a caution and dismissed the case. Peter Eccles was charged on the information of Constable O'Keefe, with having, on the 23th inst, left his horse and dray so as to have no command over it. Tue constable stated th.it he found tiie horse and dray wanderiug about Princes-street during the day. Fined 10s. and costs. Nuis.ynoes.—Wm. Lee wa3 charged with having, on the 29th instant, unlawfully deposited rubbish iit Princes-street. It appeared that the defendant had deliberately turned a lot of bones, chips and disgusting filth by the side of the road, at the south end of Priuces-street, nor was it the first or the second time that he had committed tliis offence. His Worship stated, that this must be put a stop to; it appeared to him that the defendant was an old offender. Finei 30s. and costs. M. A. Lee, ofthe United States Hotel, and a man named Windle, were also charged with permitting nuisances on their respective premises. In the ease of M. A. Lee, the matter of complaint was a cesspool about niue feet deep, the side of which was broken iv, causing tiie wet to ooze through ; auJ from a pool of filth on the neighboring premises of Windie. It was shown, however, that Windle had caused the nuisance by digging away the ground close to the cesspool. His Worship adjourned these two cases till Tuesday, when he should inflict a hue in case tlie nuisances were unabated. CIVIIi CASES. Foley v. Alexander Campbell.—Claim for £9 ls. Gd. Judgment for the plaintiff, by default, in the sum claimed, together with costs.

Finch v. Chain.—This was a claim for £'>, on a dishonored cheque. I lie dufbndant did not appear. Judgment for the plaintiff, by default, for L 5 and cost*.

Wilson and Mason v. James Riddle.—Claim for L2O. Judgment for the plnintiilVs for L2O and costs. Cook v. Clark. —No appeai-uice. C;ise dismissed. Thomas Gower v. Donald M'Gow.—Claim for Lll 11s. 2d. Judgment for the plaintiff for Lll lls. 2d. and costs. Thomas Corbett v. John Inglis. - This was a claim for LI 12s. 6<1., being the balance due to the plaintiff for a suit of clothes supplied by him to the defeudant. I Judgment for the plaintiff iv the sum claimed, together with costs. Nixon v. Hope—No appearance. Case dismissed. Johnson v. Borras. —Claim for Lll Is. Judgment for the plaintiff, by consent, for Lll Is. and costs. Hall and others v. Riddle.—Claim for L 4 10s. tid. Judgment for the plaintiff for L 4 10s. OJ. and costs. Williams v. Eslop.—The sen-ing of the summons having been held insufficient, the case was dismissed. Cargill and Others v. Brain.—Claim for LIG 10s. BJ. No appearance. Case dismissed. Same v. M'Neill. —Claim for L 5 Is. 61. No appearance. Case dismissed. Lang v. Melville. —Claim for L 2. No appearance. Case dismissed. Same v. M'Kenzie. —Claim for Ll3 2*. No appeavar.ee. Case dismissed. Cooper and Others v. Leo.—Claim forL2o. Judgment for the plaintiff by consent, for L2O and costs, trow v. Campbell.—Claim for Ll2. Judgment for the plaintiff for LI2 and costs. Scoular v. Same. —Claim for Lll 13s. Judgment for the plaintiff for Lll life. and costs. j Lee v. Cleve and Others. —This was an action brought to recover the sum of Ll9, unlawfully detained by the defendants. Mr. Ward who was retained for the plaintiff, not making his appearance, the ease was, after some delay, gone on with. -■ Mr. Richmond appeared for the defendants, and stated that the Ll9 had been paid by the plaintiff to his clients to meet acceptances about to fall due- these acceptances fell due oil the 28th inst., and were then dishonored.

Mr. Prendergast stated that he had just received instructions for this case, but did not think he could do justice to it at the eleventh hour, and consequently declined to appear. M. A. Lee was then sworn, and stated that Messrs. Cleve & Co. held two of his acceptances, one for L2O, and the other for Ll4 15s. He gave instructions to his .vent, Mr. J. S. Raphael, to dispose of the lease of the Victoria Dining Rooms, and hand over the proceeds to Messrs. Cleve & Co., as security for the two hills about to frill clue ; in consequence of which Mr. Raphael paid £19 to Messrs. Cl'-ve & Co. on the plaintiff's account. On these bilk falling due they 'were dishonored, and an execution was put in his promises b> the defendants. The plaintiff stayed proceedings by paying the amount of the two bills and expenses to the sheriffs officer. When the plaintiff demanded the £19 of the defendants, they refused to give it up, stating that it was paid on account of an acceptance then running. He had offered to hand over the lease of his premises to the defendants as security for their money, and they now held the lease. Mr. Richmond stated that the plaintiff refused to sijrn the lease which his clients had, ami that the £19 had been held by them under agreement. Kis Worship dismissed the case with costs. Mr. Ward who made his appearance at the close of the cn*e, complained of it havingl been decided in his absence, as he was satisfied that lie would have been able to materially alter its complexion. It appeared that there had been some misunderstanding between the legal gentlemen engaged as to the time when the matter was to have beea brought on. Lawrence v. Frasor. —Claim for LI2 13s. Judgment for the plaintiff for Ll2 18s. and costs. Gresgf v. Lang.—This was a claim for L 6 55., the particulars of which were pi ngerbeer, orange nectar, Ac, supplied at different intervals to the defendant. The plaiutift agreed to deduct L 3, on condition that the defendant returned 15 dozen empty bottles. Judgment for the plaintiff, for L 2 ss. and costs. Phillips v. Kifgouiv—This was a claim for Ll2 12a. Mr. Prendergast appeared for the plaintiff, and Mr. Richmond for the defence. It appeared that the plaintiff had been engaged by the secretary of the Otajjo Marine and Fire Insurance Company to push the scheme and canvass for business. He now brought this claim against Mr. Kilgour, who was one of the directors. His Worship stated that, from the evidence before him, it appeared that the company was a myth. The plaintiff was uon-suited. Law v. Proudfoot. —Claua for LI Is. Mr. Ward appeared for the defendant. His Worship dismissed the case, with costs.

Keenan v. Hughes.—No apjtearanee. Case dismissed. Same v. Hughes and Another. —No appearance. Case dismissed. EJECTMENT CASE 3. Hooper v. Brown.—Mr. Prenuergast appeared for the defendant, and prayed for 24 hours, in which time his client would undertake to quit. The case was adjournc-.l till 3 o'clock to-day. Same v. Smith.—This case was adjourned till Thursday next, by which time the defendant would be able to remove.