MAGISTERIAL.

South Canterbury Times, Issue 2793, 7 March 1882, Page 2

MAGISTERIAL.

TEMUKA—YESTERDAY. [Before J.'Beawick, Esq. R.M.] j PETTY, LARCENY. Thomas Gibson, on remand, was charged with stealing two loaves of bread from a truck at the railway station. Mr Hamersley appeared for the accused. The evidence for the prosecution proved conclusively that the accused had taken the two loaves, but two bakers called for the defence proved that they had several times given, the accused a loaf when they were sending bread away by the train. Mr Hamersley having addressed the Bench, His Worship sentenced accused to 48 hours’ imprisonment, remarking that people were to blame in giving presents to railway employees. These employees were paid for doing their work and they had no right to accept presents from the public. ENFORCING THE COMPULSORY CLAUSES ‘ OF THE EDUCATION ACT, A. Austin was charged on the information of the Chairman of the South Orari School Committee with neglecting to send his child to school. Defendant said the reason of his child’s, absence from school was ill-health. The case was adjourned for a fortnight to enable the defendant to produce a medical certificate. A similar case against R. Cote was adjourned for a month, and His Worship advised him to send his child to school in the meantime or he would be compelled to do so. CATTLE TRESPASS. Arthur Gibbs was fined 20s for allowing cattle to trespass. H. Lynch was fined 5s for a similar offence. A TRESPASSING ANGLER. W. Bailey was charged with trespassing on the land of the Hon. Mr Lyttelton for the purpose of fishing. After hearing evidence the case was dismissed, and defendant was ordered to pay the costs. CIVIL CASES. T. Swinton v. Rev. Fynes Clinton, claim £43 3s 6d, amount of 1.0. U. Mr Pearson, for the defendant, said the defendant had filed his declaration in bankruptcy. Mr Hamersley, for plaintiff, said ho would take a judgment for what it was worth. Judgment was entered for plaintiff with costs. 1 P. Coira v. John Thompson, claim £7 7s. Adjourned for 14 days. _ . Dr Foster v, John Crimmin, claim £4 19s. Adjourned for 14 days. J. Mendelson y; R. Beattie, claim, £2B 2s fid. Judgment for plaintiff by default. TIMARU—THIS DAY. (Before J. Beawick, Esq., R.M., and E. G. Stericker, Bnq., J. P.) POLICE CASES, A man named Miller was fined _ 30s for being drunk and disorderly ini a public place yesterday. James Crawford for being drunk in a licensed house was fined 10s. Three first offenders were fined 5s each. An order was made in the case of George Heggarty, forbidding licensed publicans from supplying: him with liquor for six months, he having according to the information disturbed the peace and happiness of his family by excessive drinking. Charles Ball, for being drunk while in charge of a horse at Albury was fined 20s, and a like sum for assaulting a constable in the execution of his duty. Wm. Dawson was fined 5s for allowing a goat to wander at large. W. Grant, a man of color, was ordered to pay 6s a week towards the' support of his wife, whom he had deserted. Civil Oases. White and Jameson v. James Malcolm, claim £4 4s. Judgment by default. Proctor v. Rogers, claim £7 8s fid for 54 pairs of fowls. Defendant disputed the claim, which should have been for 27 pairs only. The claim being corrected judgment was given accordingly for half the amount claimed, with costs 7s. Mailer and others v. A. Mee, claim £5612s for harvesting. Mr Hamersley for plaintiffs, Mr Jameson for defendant. In this case the plaintiffs claimed for tying and stocking wheat at fis, and oats at 5s per acre, and the claim was disputed on the ground that the plaintiff’s contract also included stacking at lOd per hour, which they refused to do' The Court, after hearing a great deal of evidence, held that the plaintiffs’ contract did include the stacking, and defendant showing that it cost him £7 6s 4d more to get his crops stacked than it would have done under the contract in question, judgment was given for plaintiffs for the amount claimed, less the £7 5s 4d, with costs £5 Is. G. Loader v May, claim £ls, rent due on a vacant section. Mr Reid for plaintiff, and Mr Jameson for defendant.

Plaintiff admitted that he had agreed to forego the rent some time ago on condition of the lease being surrendered to him, and defendant showed that he was willing to give up the lease, but difficulties on the score of expense wer# raised hy the plaintiff’s agent. He had offered to plaintiff £6, a year’s rent then due, at the time the arrangement was suggested ; but this he said he could not take on account of his having put the matter into Mr Perry’s hands. The Court held that the arrangement by which the defendant was to assign his interest had been agreed to by him, and it was not his fault that it was not carried out, but a year’s rent being due judgment would be given for that amount. Franks v. Heffernan, claim £4 15s, for beer supplied. Mr Tosswill for defendant. The dispute arose about prices of the beer supplied, and the delivery of one cask was also disputed. The evidence was very conflicting, and His Worship adjourned the case till next sitting, for the production of further evidence.

McKenzie v. Agnew, claim £2, one week’s wages in lieu of notice. Plaintiff having agreed to accept 6s Bd, one day’s wages, judgment was given for that amount, with costs 225.