RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 945, 2 May 1882, Page 3

RESIDENT MAGISTRATE'S COURT.

Temuka—Monday, Mat 1, 1832.

[Before J. Beswick, Esq, R.M.]

DKUNK AND DISORDERLY. John McFergus for having been drunk and disorderly and assaulting a Constable was fined 10s for the first offence and 20s for the second.

COMPULSORY EDUCATION. W. Webster appeared in answer to a summons charging him with having neglected to send his children to the Winchester school.

The case was adjrumed for one month CASEY V. MASLXN.

This was an interpleader summons > The facts were that Mr Maslin held a bill of sale over horses belonging to one John Casey, brother to Patrick Casey the plaintiff. The horses were sold by John Casey and sometime after were seized by Maslin under a distress warrant, and placed in the pound. Patrick Casey now sued to regain possession of them, Mr Hamersley appeared for the plaintiff Dr Poster with him. Mr White appeared for the defendant. Patrick Casey . I am a laborer living 'iear Geraldine, I bought horses from my brother and paid for them. Maslin seized them. They were delivered to me and 1 had them 2 days in Connolly’s pad* dock. There was no water in the paddock and I turned them out on (he river bed. I missed them ; heard Maslin had them in the Temuka pound ; 1 saw them in the pound. Cross-examined by Mr White : I first saw the receipt on Friday, I think, but can’t be sure. Got receipt when I bought the horses, about eight o’clock in the morning at Connolly’s house. I was then living at Connolly’s. My brother was living two miles from Geraldine, and came to Connolly’s with his wife, the night before. I paid £IOO cash, eight £lO notes and four £5 notes, 1 bad the money sometime. Took it out of the bank 8 or 9 months ago to buy land but did not, E kept it sometime to see when I would get a chance of buying anything I liked. I earned the money from Connelly, having worked with him k for about 3 years, I got possession of the the day after 1 bought them. I knew nothing about my brother’s indebtedness, J. Connolly, farmer, living at Kakabu : Casey has been working for me. I was present when the money was paid. The horses were in my paddock before they were taken down the river bank, and we missed them. We found they were to be sold, and I paid £SO to the Clerk of the Court on behalf of Casey to stop the sale I believe I paid Casey £IOO or £l5O. I believe it was a cheque I gave Hm, W* Wills, Clerk of the Court, stated that the horses were in the pound, and Jeremiah Connolly had paid £SO on behalf of Patrick Casey. W. S. Maslin : I am plaintiff in the case of Maslin v Casey. Tangney and Casey gave me the bill of sale. They owe me £ll 12s 6d ; got judgment against John Casey and seized the horses. In consequence of something I heard, I went to Connolly’s house and asked did they kaow anything about John Casey, Connolly said they knew nothing about him, and asked what had happened him. He said he had been there on TTbursday, but did not know what had become of him. I never saw the receipt. I believe John Casey is indebted to the extent of about £2OO. William Patrick : I know Connolly and John Casey and his wife. I saw them at Winchester, and they went by train with me to Timarr. Dr Foster and Mr Hamersley then addressed the Bench, after which his Worship said that ha believed the horses were legally in possession of Patrick Casey, therefore it was wrong for the bailiff to have seized (hem. He would order the horses to be given back to

Casey with costs. (Before S, D. Barker (Chairman), and J. Mendelson Esqrs. J.P.’s.) breach op the licensing act. Leonard Tombs was charged with having on tha 13th of April last kept his licensed house, viz., the Arowhenua v Hotel, open after hours. * Mr Hamersley, who appeared for de ’ fondant, submitted that the case could

not be heard in that Court as it was out side the district.

Their Worship's decided to hear the case, and took a note of Mr Haraeraley’s objection.

Mr Hamersley said there would be no defence to the case. The defendant gave a ball .at his house, and supplied no liquors except to his guests He further pointed out that the information was for keeping the house open. To keep the house open was no offence. It should be proved that liquor was sold. Constable Morton stated that on the day mentioned in the information be visited the house; found it open with men standing at the bar, the barman in the bar. Mr Tombs told him there was no Licensing Committee to give him liberty to keep open. To Mr Hamersley : There was nothing going on except the dance. The outer bar door was closed and a small door open. I did not see the liquors sold, but I saw them supplied. Constable Burke corroborated the evidence of Constable Morton. Leonard Tombs : I had not the front bar open ; I did not sell liquor, and none was sold to my knowledge ; there was no Committee appointed, and I could not get an extension of license.

To Constable Morton : I told the barman not to charge anyone after 11 o’clock, and lam not aware that any liquor was sold after that.

Mr Hamersley asked the case to be dismissed on the ground that the Court had no jurisdiction ; that there was no Licensing Commltte in existence for the district; that no license had been produced to show that Mr Tombs was the licensee, and that the evidence did not prove the house was open for the sale of liquor.

The Court decided to reserved its decision till the Bth inst. Wood v. Meredith Claim £6 19s 6d.

R. Wood, plaintiff, produced certain documents showing that the debts had been assigned to him ; the items were due for gristing wheat and for advertising.

G. Wood, son of plaintiff, did not know by whose order the advertisements were put in ; paid freight on goods. George Meredith denied that he had received flour with which he was charged, that he ordered advertisements to be inserted, and that be ordered the newspaper ; he admitted, however, that a document ordering the withdrawl of advertisements bore hia signature. After Mr Johnston had addressed the Court to the effect that the deed of assignment had not been proved, their Worships gave judgment for £6 4s 6d, having deducted 7s for subscription to paper, and 8s which amount was due over six years and not recoverable. R Wood v F Oldfield—Claim £ll6s. A conrta account was put in, and judgment was given for 10s.

R Latimer v F Oldfield—Claim £2 Is Bd.

Mr Johnston appeared for the plaintiff

The evidence showed that plaintiff was employed by defendant to cart grain at the Waihi, and the amount sued for was a balance detained from the plaintiff for leaving before the harvest was completed. The plaintiff stated that he had been dismissed by defendant’s brother. Decision was reserved for a fortnight. F. Franks v. A Grant—Claim £l3. Dr Foster for plaintiff, and Mr White for defendant. .

The case was adjourned for one month.