RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1563, 10 March 1887, Page 2

RESIDENT MAGISTRATE'S COURT.

Temusa—Wednesday, March 8, 1887. (Before D. In wood (Chairman), K. F. dray and F. H. Barker, Esqs., J.P.'s) | civil. CASE. E. Heap v H. Gamble—Claim £l9 10a. Mr Aspinall appeared for the plaintiff and Mr Tosawill for defendant. Judgment by consent for the amount claimed and costs. ALLEGED PBRJORY. On tbecaße of James Spratley, charged with perjury, being called Constable Morton s»id the prisoner had been given in cbarge to a constable in Tiraaru that morning to briDg him out to Temuka, but the constable. had got into the wrong train, aod he was taken with the prisoner to Waimate. lie would therefore ask the Court to postpone the case until 4 o'clock that afternoon when ho would have the prisoner present,

— '■ u Mr Toeswill who appeared for the aceused, insisted there was no power WT ;t < postpone the case. What the police ought to have asked for was to remand the ease, but in that oase'the prisoner should bo present, In the absence of the prisoner nothing could be done except to '* dismiss the case. He bad promised Mr Beswick to consent to an adjournment for a week, and only for that he would have a differeut course. Mr Gray said they could adjourn the Court until 4 o'clock. Mr Toss will suid that in adjourning the Court they would adjourn the case also, and in that way they would be doing an illegal act. There was no course open to them but to dismiss the information and lay a fresh one. Mr In wood admitted there was no power to adjourn the case. Mr Tosswill said if the prisoner waß brought up at 4 o'clock he would consent to a remand for a week. The case was accordingly dismissed. A fresh information was afterwards laid. In the afternoon Jas. Spratley was brought up charged with perjury and on the application of the police remanded for a week. The Court then rose.