RESIDENT MAGISTRATE'S COURT.

Colonist, Issue 63, 28 May 1858, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuesday, May 25. Before the Resident Magistrate. Crowly v. Bain.—The complainant, a seaman on board the Sebastian, charged the defendant, mate of the same vessel, with assault. Bain admitted having struck the seaman, but stated that he was provoked to do so by the complainant persisting in the neglect of his duty. Fined 40s. and costs. '" ■.

Forster v. Begg.—ln this case the complainant was a seaman, and the defendant the captain of the" Sebastian.. Defendant was charged with using threatening language towards complainant, to the effect that he should never seejNelson.

The Bench deemed the information inadmissible, as the complainant., notwithstanding the threat said to have been used, had arrived here. The case was dismissed. : ,

Three seamen of the above vessel were then charged by Captain Begg for disobedience to lawful commands on board. Evidence was produced shewing the entries/ of 'the seamen, and the log containing the entries of the offences. The defendants declared that they would do no more work on board, and were severally sentenced by the Bench to twelve weeks' imprisonment, with hard labor. \ . . ■ ■;•. : Wednesday, May 26. l ■ ; 'Before the Resident Magistrate. M'Caw v. Connor.—An action to recover £1 15s. due for rent.% Defendant admitted the claim and asked for time. Verdict for .plaintiff with costs. Stamper v. White.—This was an action to recover £3 3s. due on a promissory note. Defendant wished for time to pay. Verdict for plaintiff, £3 35., and costs. . Etdershaw v. Disher.-—An action to recover £3 16s. Defendant admits the debt, but pleads a set-off. Affer some considerable discussion the verdict for plaintiff was i>l 17s. (id., and costs. Board of Education v. Wilkie.—Action to recover £2, amount due. for Education Rate. Defendant objected payment upon principle. Verdict for plaintiffs, and costs.

Board of Education v. Black.—Action t) recover the amount due. for Education Rate. Defendant stated that he wished to uphold the majesty of the law as nmch as any person in Nelson, but considered that whilst there were many in the province who had not paid the amounts due for 1846 and 1847, he could'not see the justice of being compelledto pay. He considered it an unjust and tyraunical impost, and would willingly pay five pounds instead of the one now called for, if the fund was properly and judiciously applied: that all his own children went to private schools; he disapproved of the system; refused to pay it, and concluded by saying he should suffer the law to take its course. Verdict for plaintiffs, sand costs. ; ,

Board of Education v. Sharpe, of Collingwoodstreet, shoemaker.—Action to recover the amount of rate due. The defendant on being sent for refused to appear. Verdict for plaintiffs.

Thursday, May 27. Before the Resident Magistrate. ' Three seamen, named Martin Forster, Auguste Wilson, and John Crowley were charged with continued wilful disobedience to lawful commands. Defendants pleaded guilty, and were sentenced to 12 weeks' Imprisonment, with hard labor, ~.

ELECITON FOE THE WAIMEA DISTRICTS. On Friday Jast the election of a member of the House of Representatives for, the above districts, in consequence of t he resignation of Mr. C. Elliott, took place at Richmond. ■ .•Mr. Barnico at,. t Speaker;y of the Provincial Council,.proposed Dr. Monro, and said it was with much'pleasure : that he had; very lately learned that one so eminently qualified io represent them had been,prevailed o,n to undertake the task. ~Mr; M'Rae,' M.P.C.,' seconded the nomination of Di\ Monro, cfe.one in every way fitted to represent the district with advantage to the electors and with credit to himself. ;

t No other candidate being proposed, the Returning Officer declared Dr. Monro duly elected.

Mr. Travbrs asked the indulgence of the electors while he offered them an explanation of his conduct in not having either resigned his seat or discharged the duties supposed to be attached to it. Some persons seemed to be of opinion that a person who accepts a seat in the House of Representatives was bound either to attend in his place every session, or. else resign his seat. (Hear, hear.) He, however, did not agree with that idea, and the hon, gentleman entered into a very long argument to convince his audience that the House of Representatives was a body that would not take any unfair advantage of the absence of the members from any one province; and said that "if" no important subjects were entertained by the House during the present session, no important injury would result to his constituents from his non-at-tendance. If all the members from Wellington went, : and if the Government sent a proper steamer to take him up, and kept up a proper steam communication between Auckland and Nelson, so that he could correspond with his business agents here, it was just possible that he might then be induced , to attend in his place for a short time. Mr. Elliott said that when he found, that the numerous, constant, and urgent demands that were made upon him by his private affairs would not allow him to attend to' his duties as their representative, he had resigned l)is seat; and now felt especially glad that he bad done so, as it enabled them to obtain the services of a gentleman who could watch over their interests, and enforce their claims, with much greater ability than he could ever hope to do. . ■...-_. , Mr. Saunders said that if this was the proper time for amateur speakers to be heard, he supposed that, he had better try to say a few words. . At the beginning of the week he had been trying to put his political ideas in apple-pie order, and had been screwing up his courage to the boiling point, in order to be able to fire off an official speech upon the present occasion. But when he suddenly and most agreeably found himself released from that - arduous undertaking, > the .rebound had been so., complete, that he now found himself in no speechifying condition. His sister asked him yesterday if he knew why he was like the patriarch Abraham, and on his failing to solve the riddle, she said because you had prepared to make a great sacrifice, when God relieved you^ and provided a more suitable subject. He did not wish them to suppose, that he had resigned in favor of Dr. Moriro'because lie entirely coincided with all Dr. Monro's political opinions, but he haddone so because he felt that upon some important questions, in which the interests of Nelson were especially concerned, Dr. Monro was more likely to enforce attention to her interests than any other, person in this province,' and he naturally shrunk from the great responsibility of keeping the most able man in this province from a position in which he might devote his great talents to the service of the province, and of the whole colony. The kind manner in which his brother electors had requested him to come forward, had afforded him much pleasure; he valued that expression of confidence the more as it originated with those who had worked by his' side, although they had not always worked with him, in the Provincial Council.

Dr. Monro then addressed the electors at considerable length. He explained the reasons which, induced him to come forward after having so long declined; referred to his position with reference to Mr. Saunders, of whose intention to come forward' he was entirely ignorant at the time he was himself induced tor do so.' He regretted that Mr. Stafford had displayed such a fearful propensity for law-making that he w,as likely to introduce some 52 bills to the House during the present session. If these bills were passed during the abseiice of lilost of the Southern' members,-' the

natural consequence woulcMpytat they would be. (many of them) repeal efTor altered when the Assembly -met next .session at Wellington. Arid if such a system of doing and. undoing is to be pel-severed in, the statutes, repeals, and amendments manufactured in this colony would soon become sutih-a voluminous and confused mass, that none but a professional lawyer, and he feared very few of them, would be able to know what our laws really were. He" illustrated the position of the three provinces of the Southern Island with reference to the New Zealand Company's l)ebt by comparing them with the position of three brothers, to whom their, father intended to leave his property in equal shares; but the executors first divided the . estate into three equal parts, giving one part to John,, one to Richard, and one to Thomas, and then most unjustly called upon poor John to pay all his. father's heavy liabilities out of his single share of the estate, without making him any allowance for having done so. Mr. Saunders had referred to the difference' of opinion that existed between them; but lie believed their greatest difference of opinion was about the unfortunate sheepruns, and Mr. Saunders could never make a, speech without poking fun.at the runholders. Even in the riddle which he had just given as an illustration of their respective positions, he (Mr. S.) compared himself to Isaac, and had left them to infer that he (Dr. Monro) was the old ram caught in the thicket by the horns. (Great laughter.) He thanked them for having placed him in.the honorable position he now occupied. He thanked them still more for the kind and flattering manner in which they had done so, and he hoped- that whenever he might return from Auckland he should find that his endeavours to serve them had riot been unsuccessful^ and that he should be fortunate enough to receive the same expression of Approbation that they had given him upon his former return from the House of Representatives. ; ; ■ . .