RESIDENT MAGISTRATES' COURT.

Otago Daily Times, Issue 294, 28 November 1862, Page 5

RESIDENT MAGISTRATES' COURT.

Wkdnssday, 26th November. (Before John billies, Esq., S.M.) Drunkenness.—James Morris, Robert Gibson, and John Murray were severally fined 10s, or 24 hours' imprisonment.

Deserting a Ship.—Hugh Richai'dson, charged with deserting-from the ship i quila, was sentenced to 12 weeks' imprisonment.

fcTEAUKG. — Elizabeth Ford was charged with, stealing a Turkish towel, and some article of female dress from Amy Baker. The case was proved, and ti e (left nilnnt sentenced to 14 days' imprisonment. Illegally at Large.- James M'Lean was charged. on remand, with being a prisoner of the Crown, illegally at large from Tasmaiia. Mr Ward appears d for the defence. Mr Branuigan stated that the remand haJ been obtained for the product on of a matrrhl witness (Mr Bentley, formerly a chief district con.l table in Tasmania}; This witness was confined to liirf bed, and unable to appear. He pro-ri'u-C'l a lioto to that effect. Mr Ward submitted that thi' information was bad, the prisoner not beinsr chained with a crime at law. iiemanded for 48 hours. CIVIL-CASES. M'OreaJy v. Hopkins. Judgment for plaintiff* for LI J* 10.1. ' N:<Me v. Jones and Cargill- This was an action orourht against the defendants as owners ot the Ge long steamer, to receive LiO 10s, value of a chaff cutter. It appeared from the evidence that the chaff cutter had been put on board the vessel in a damaged condition, and that the defendants had had it repaired, and hud used it. In giving judgment in this case, His Worship observed that a receipt stating goods to be in good order, was not in all cases conclusive evidence that they were not in a damaged state when delivered. In this case, the. owner of the Geelor.g had brought good evidence to show that the chafi cutter was damaged before coming into their possession, and that the mate's receipt, was given in error. Had the matter rested here, there was no liability on the part of the defendantl;. But by repairing the machine they had involved themselves in an act of ownership. They had no right to mend it except by order of the plaintift. The machine now was not to be regarded as the machine of plaintiff, it being different from that placed in the defendants' hand. They would only be bound to deliver the goods in the same order as they received them, broken or otherwise. But in repairing the machine, the Attendants made themselves liable for the value of it. Judgment for plaintiff. ' gi Mr Cargill was satisfied with the judgment. It appeared ihat in endeavoring to forward plaintiff's interest, by getting his machine repaired, ihey had incurred th£ rcenalty of paying for damage. Cutten v. Riddel I.—Claim Lll 15s 9d.—Judgment for amount by default. Furley v. Mackay. -Claim LI2, for nursing a shild. Judgment for amount by default.

TrixiRSDA?, November 27. (Before John Gillies, Esq., S.M.)

DRUNKENHKSS.—Richard Farrell was fined 20s and costs; or in default of payment, to be imprisoned 48 hours.

Charge of Stealing.—Peter ■ M'Lauchlan was ■charged'With having at Saddle Hill, on the 22ad instant, stolen some zinc spouting from a public house occupied by David Adam, the same being the property of George Hepburn and and another, trustees on behalf of the creditors of M'Lauchlan. It was clearly proved that the accused took away some spouting, but he claimed it as his own, and the magistrate, alter cautioning the accused, dismissed the case, as there was no proof of ownership given.

Nuisances.—Further time for the abatement of nuisances was allowed in a large number of cases, including those of Jo33ph Harding, Shaclrach Jones (High-street). Francis Morand, Samuel Collins, James Forrester, David Milne, and Wm. Hooper. Inspector Nimon reported abatement in the cases of Alexander Reid, John Allen, J. W. Fegan, and John M'Nie!,

Peter Lawrence was allowed until Tuesday to abate a nuisance at the back of the Arcade, for permitting the existence of which he was on the 10th instant fined -10s and costs. For another nuisance in the same neighborhood, Lawrence was on the 11th iust. fined 20s and costs; and Nimon now reported that it was worse than ever. It was, in fact, the worst nuisance in the city. Below the flooring of a dwelling house there was from 18 in. to 2 ft. in depth of most frightful filth, a large proportion being night soil. There was no closet, and six months' accumulation of filth lay under the house. The representative of llie defendant said that the Town Board had refused to allow a drain to be cut across the street, and there was no other mode of keeping the place clean. Kimon said that what was wanted was the carting away of the filth and the saturated soil below, and refilling with fresh soil. The Magistrate inflicted a fine of L5, not to be enforced if, by Thursiay next, the nuisance is remedied to the sulis.'acfcion of the Inspector. Wm. Hooper was summoned, as the owner of some land between Stafforri-street and Walker-street, which he has let for the erection of tents. Nimon said that there were now from 100 to 150 tents on the ground, and near some of them there was twelvemonths' accumulation of filth. The defendant said that he only *ook possession of some ot the iand a fortnight ago; but he was sinking holes for cesspools and was erecting closets, Nimon agreed that this was so, and a fortnight was allowed tor the completion of the work.