RESIDENT MAGISTRATE'S COURT

Temuka Leader, Issue 1155, 2 October 1883, Page 3

RESIDENT MAGISTRATE'S COURT

| Temuka—Monday, Oct, 1, 1883. [Before S. D. : Barker (Chairman) D. Inwood,, and J. Talbot, Esqrs., J.P's.] , ASSAULT. • Duncan Scott was brought up charged with having committed an assault on J Miller. | Mr Aspinall appeared for the accused, and as there was' no appearance of the complainant asked for the case to be dismissed, i The Court after considering all the circumstances of the case decided to remand it' "until next Monday. The Chairman said it was great disrespect to the Court for the complainant to absent himself, and instructed the police to take steps to bring him up' next; Monday. The accused was allowed out on bail in his own recognisance of LSO. \ :'■'■' TRESPASS. Job Brown was charged with having allowed a heifer belonging to him to wander on the railway. The defendant admitted the charge, but said he did not know the calf had got out of the paddocV. The Chairman : You.arefined 10s. Defendant: It is the first offence. You might make it a little lighter. The Chairman : That is the usual fine. , AFFILIATION. A case of this nature was brought by Harriet White against Francis Malarkey, ! Mr Hamersley appeared far the proportion, nnd Mr Aspinall on behalf of Mr White for the defence. 1 Mr Aspinall said the summons had not been served until Saturday night, and consequently the defendant had not time to prepare, his case. He asked for an adjournment. ! ; Mr Hamersley asked for costs, and < after some discussion it was decided i to allow the question of costs to s*and over until the case had been heard. CIVIL cases. [ J. M. Ollivier v. D. Heffernan— I CJlain L 9 lis. | Mr Aspinall appeared for the defendant, and intimated that a set off for L 9 • 13s Tiad been filed. i 'The plaintiff stated that the amount i was due for refreshments and cash lent. ; He did not admit one penny of the set-off, The two ton? of potatoes charged in the . set-off had been supplied in 1881, t Whereas the debt had been contracted

afterwards. Hp produced his books to show the entries made of transactions between himself and the defendant. The item £4, cash lent, now disputed, had been lent by him to defendant. D. Heffernan denied ever having received the £4. -He had supplied 4 tons of potatoes to the plaintiff : 2 tons in 1881, and 2 tons in 1882. The price charged per ton for the potatoes was L 3 in 1881, and L 4 10s in 1882. Tho Court's decision was that the set-off had not been proved, and would not be allowed. Judgment was given for the amount claimed and costs. Several cases having been adjourned or settled out of Court, the Court then rose.