RESIDENT MAGISTRATE'S C0URT.

Patea Mail, Volume III, Issue 214, 28 April 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

Wednesday, April 25, 1577. (Before C’apt. Wr.ij r , Esq., H.M., and Major Brown, Esq., J. P.) Alleged Assaulvs —Two charges, under the above head wire heard, one of which arose out of the other. That in which Jane Irwin charged John Whelan with having committed an assault on her on the 23rd instant, was first heard, and the information was dismissed, with costs.' — Tiie case, John Whelm v. Jane Irwin, was i J. t/JU uvlv.lcm,u plililitiff, who describe! himself as a commission agent, residing at Carlyle, it appeared that in his capauty of agent for house owned by Mr E. ilcGuire, he had been instructed to distran for rent duo by Thos. Irwin, the occupant. On going to the house in questioi, iVhelan (who was accompanied by a nan named Wilson, •whom he intended to lea T ein possession) knocked at the door, which was immediately opened by Mrs Irwin, who, on seeing the plaintiff said, “ Whelan, I know what you come after. I will not pay the rent to 3 r ou, or any black like you,” at the same time making a rusa, and bundling him out of the door, and on to the man Wilson, who was close bound. Plaintiff had his hands in his pockeison stepping on to the door sill, and also on being shot out of the doorway. A question was raised by the Bench whether plaintiff had legal authority to distrain. A telegram from the landlord, instructing plaintiff to distrain, was produced, but was decided as not sufficient. Plaintiff stated that he had full written and signed authority from Mr F. McGuire to act as his agent, receive moneys, rents, &c., and give receipts, but it had been detained by Mr James, who acted temporalily as Clerk of the Court in January last, on the occasion of plaintiff receiving money on behalf of Mr McGuire, and it had apparently been mislaid, and be was, therefore, unable to produce it. The case was dismissed, on the ground of informality, in that the agent could not produce written authority, and because the warrant had not been properly filled in.

Thursday, March 26th, 1877. (Before C. A. Wray, Esq., E.M.) Stealing a Saddle —Ronga Whenura (a Native), was charged with feloniousiy stealing and carrying away a saddle, value £4 10s, the property of Arthur (a Native) on the 25th instant, at Carlyle. Mr W. Williams acted as Interpreter. After the case had been heard tiie Resident Magistrate told prisoner that he was found guilty of stealing the saddle, but that he (the prisoner) would be allowed to pay the sum of £4 in satisfaction of the charge. The prisoner said he had no money, but was agreeable to let his horse be sold to pay the amount. Subsequently, a Native paid the money, and the prisoner was discharged. In explanation of the above it may be mentioned, that there is a clause in the Act under which the charge was brought, empowering Resident Magistrates or J.P.’s to deal with prisoners of the Native race as above.