RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1566, 17 March 1887, Page 2

RESIDENT MAGISTRATE’S COURT.

Geraldine—Tuesday, March 15,1887. [Before H. C. S. Baddeley, Esq., R.M., and the Hon. L. Walker, Esq., J.P.] CIVIL OASES. Fox and Gtigg v. Farrell. His Worship delivered judgment in this case, which he had reserved from the previous Court day, as follows This is an action for the wrongful detention by defendant, an hotelkeeper, of the plaintiffs’ entire horse whereby the plaintiffs suffered damage. The total claim is for £9B 18s, made up of two items, the one being for actual loss sustained through inability to keep engagements, the other is of a somewhat speculative character. It was proved in evidence that certain sums were duo to the defendant for livery and feeds, and circumstances caused the defendant to exercise his supposed right' of lien over the entire horse, the property of the plaintiffs, which was then in defendant’s stables, to secure payment of the amount due. The plaintiffs were thus prevented from fulfilling engagements, it was alleged, and earning other moneys by the services of their entire. It was contended by the learned counsel for the plaintiffs that although the defendant might be ao hotelkeeper (or keeper of a common inn as the Act designates them) that in this matter the dealing was in the defendant’s capacity of a livery stable keeper and therefore bad no right of lien, and even granted he was the keeper of a common inn, still he had no right of lien inasmuch as by custom no charges were pa) able till after the Ist of January, a day, which at time of seizure, had not arrived. 1 cannot have the least doubt that Fox’s dealings with Farrell were the ordinary dealings that any guest might have with any keeper of a common inn. Fox comes clearly within the category of guest in his relation to Farrell, the keeper of a common inn. Yorke v. Greenhaugb, 2, Lord Raymond, 867, settles the matter as to livery stable keepers, right of lien, and has nothing to do with this matter. she custom spoken of can not do away with Farrell’s right of lien. If it had been proved to be the custom of the whole country (which it was not), at most it would perhaps prevent Farrell suing for his account till after Ist January. The proof of custom was in any case very meagre. It is unnecessary for me to say anything respecting the test case put by learned counsel for plaintiffs, the liabilities as well as the advantages of inn keepers are well known. The plaintiffs in this case are Fox and Grigg, whereas the bill for livery Is made out in the name of Fox only. Ido not think that this is a matter of any great moment, the horse both had an interest in. the property both bad an interest id, was seized, and the account for livery was for the most part owing, and Mr Grigg himself paid the account to release tbe animal. There is no violation of tbe principle laid down in Fisher on Mortgagees, page 178, 3rd edition, as contended by tbe learned counsel for the plaintiffs. No doubt the property on which the lien was claimed belonged to both persona, against whom it was claimed, in same character in which the debt was owing. Although tfte judgment will be given for the defendant I may say that Farrell has nothing to be proud of, his treatment of Fox was hard and pitiless. Had he taken steps which were open to him I have no doubt Mr Grigg would have paid the money before. The blow he dealt the young man Fox in order to recover a very small amount was a very severe one. No coats will be allowed whatever, STRAY CATTLE. William King was fined 7s 6dand costa for allowing one cow to wahder at large in the streets of the town. UNREGISTERED DOG. Edward Evans was fined 10s and costs for having ah unregistered dog in his possession. UNLAWFULLY TRESPASSING. Thomas Picket a [respectable-looking man, was charged on tbe information of Elizabeth Pye with wilfully trespassing upon her property at Eangitata on March Bth, and refusing to leave when requested to do so. Mr Toßswill for complainant, Mr White for defendant. • Eliz ibeth Pye, complainant, sworn, said she was a /vidow living near the Eangitata Hotel. On the Bth March the accused came to her house and asked for a drink of water, When she said she had none to give him he laid down by the fence to sleep. Afterwards he refused to go, and threatened to set a dog he had with him on to her if she told him to go. A young man then rode up and upon her instructions took accused away. lo Mr White ; My little girl, 10 years old, saw what happened, I told him to go and he refused to do so. 1 had a pair of sheep shears in my hand at the time which 1 stuck into the ground.

To the Bench: He had been drinking, but was not very drunk. Robert McKinley sworn, said he lived near prosecutrix. He remembered the Bth inst. When riding past her bouse on that day he heard the high words between accused and prosecutrix, and she asked witness to take accused away. Accused went with him when asked to do so. To Mr White ; It was about six o’clock when I came up. Prosecutrix has since spoken to me about my evidence, and told me I could swear that if 1 bad not been there he would have put the dog on her.

To the Bench : I could not swear that. To Mr White ; He did not leave when

f. told him to. He left about five minutes after he was told. He told me in the early part of the day, about 11 o’clock, that he was suffering from diarrhea a. Edward Evans, sworn, deposed to seeing accused near the prosecutrix's place on the Bth inst. He looked ill, I believe he had been looking over (he Arundel sections. He had a bottle of brandy with him at the time I saw him.

To Mr White : 1 have known accused tor about 7 or 8 years. 1 have never

kown him in any trouble before. He told me he had been suffering with ness and diarrhoea. Mrs Rye’s place is in the direction of the road he would have to go towards home. For the defence Mr White called the accused, Thomas Picket, who, upon being sworn, said he was a laboring naan who bad been in the employ of Mr Acland for over ten years. He had been in the G’-a’dine district for about 15 or 16 years. On the day in question he bad been down to the Arundel sections, and feeling very bad bad had some port wine and brandy at Denoon’s Hotel, where ho also had bis dinner. Afterwards he went to the prosecutrix’s house, and asked for a drink of water, when she ordered him away. He went away with the young man Robert Kinley. He had no idea who lived there. He had seldom passed that way before. To the Bench: 1 had to leave Mr Acland’s ns I was not well, I could back when I liked if I felt well enough, but I came down as 1 felt the work I was doing, packing horses in the hills, was not good for me. The Bench said there was no doubt the accused had been drinking. He had gone to Mrs Pye’s place, and after going away bad gone back again, when he was no doubt trespassing. A very small fine would be inflicted, and His Worship cautioned accused against driuking habits, as if he was brought up before the court again this would be remembered against him. He would ha fined 20s and costs, with solicitor’s fee, and the complainant’s expenses 10s. NUISANCE. • W. Lawson was charged on the information of the Geraldine Town Board with allowing a nuisance to flow from hia premises on to the land leased by Mr J. Cunningham. Mr R. H. Pearpoint, Chairman of the Local Board of Hea'th, conducted the prosecution. Mr White appeared for defendant. I C. B. Sherratt, Inspector of Nuisances *•0 the Geraldine Local Board of Health, sworn, stated that in consequence of the letter from Messrs White and 00., and instructions from the Board of Health, he examined the place and found water coming from the pipe culvert on Mr Lawson’s back premises on to Mr Cunningham’s land. The pipe was quite covered until it came out on Mr Cun. ningham’s land. On looking at the p'ace he found a lot of dirty water there, evidently the slops from the bonse. The water could not come from any other place, as no other is connected with Mr Lawson’s. The proper notice was given personally. At the suggestion of Mr White the Court adjourned at this stage to view the place. Having resumed, Mr Sherratt, in reply to Mr White, stated that it was a natural water-course leading into Mr Cunningbarn’s land, and the land to the north was higher, if the drain had not been made anything thrown out would be evaporated by the sen. The drain was put down some years ago, he believed, by the Geraldine Road Board. He had seen the slops thrown into the swamp at the back of Mr Lawson’s on twe occasions. The bars protecting the drain are half-an-inch apart. They would not allow any large substance to pass, through. J. Cunningham, sworn, said be bad a lease of the Education Reserve, where the nuisance was. He had complained of the nuisance for several years. Hs described the nuisance that existed. To Mr White : 1 am not actually aware where the nuisance comes from. The nuisance has existed over since I have had the reserve, about three years. It may have existed for some time before that. r , Mr Shiers, Clerk to the Geraldine RoaS Board, stated that the culvert was putin by the Geraldine Road Board several of years ago. The nuisance now complained has been a standing grievance for many years. He considered the nuisance was caused by the .slops from the who|,e of the block, and not from Mr Lawson’s premises alone. In his opinioa the only way to prevent the nuisance whs for the Town Board to make a main drain along the north side of Wilson street to the river.

Mr White asked that the case ba dismissed. The witnesses for the prosecu* tion had proved that the only way to abate the nuisance was by a system of pipes, it was the result of combined drainage of the whole block, and he did not thiok Mr Lawson could be called upon to drain the whole of that block. The Bench considered after hearing the evidence of Mr Sbiers and the other witnesses for the prosecution that there was not enough evidence to sheet the charge home to Mr Lawson. It was a most serious thing, affecting the health of the whole population, and he quite under* stood the hardship of the position in which the Board of Health were placed. The case, however, would be dismissed without any costs whatever. civil CASK. Judgment by default for the amount claimed, £4 18s 6d, and costa was given in the case of J. JRiordan y. G. W. Westropp. TEMQKA. * Wednesday, March 16, 1887. [Before J. S. Beswick, Esq., R.M., and K. F, Gray, Esq., J.P. DRUNKENNESS. John Hamilton was ouarged with being drunk and disorderly on the 14th March.* Defendant pleaded guilty. Mr Wood appeared on beh df of the accused, and briefly addressed the Court, urging extenuating circumstances. Accused was floed se, with witness* expenses 6s; in default 48 hours. The flue was paid. William Hayworth was charged with being drunk and disorderly on the 15th March. Accused was fined ss, which was paid. CIVIL OASES. J. Brown v. E. B. Henderson—Claim £9 10a.—Judgment by default for the amount claimed and costs. H. Williams v. J. Barrett—Claim £lss. —Plaintiff said he lent the money to defendant two years ago;—Defendant said he was not certain, but so far as he knew „ the claim was all right. It was if the plaintiff said so—-His Worship remarked how foolish it was for defendant to allow the case to come Court. He not only bad to pay the clatm but bad also to pay the coats.—Defendant: Well, Your Worship, a man doesn’t .like to be walked over.—Judgment was for plaintiff with coats* \ -

F. Story v. Brosnahan, —Mr White, who appeared for defendant, explained V that a settlement had been made, and the case was struck out. ALLEGED PERJURT. On this case coming on His Worship said ho did not know how they were to goon with it. He did not wish to sit himself, and there was not a Bench of Justices present. Mr White, who appeared for the prosecution, said he had not the slightest . objection to Bis Worship taking the case. Mr Toss will, who appeared for Spratley, said he wished to state that be did not object to His Worship hearing the case, but be would very probably have to c»ll him as a witness. Could they not compel the attendance of some Justice. There had been some new Juslices appointed lately. His Worship said they could not comps! ihe Justices to attend. Only one of the new Justices bad yet been sworn in. Mr Tosswill asked could not the prisoner be remanded till the following morning.

His Worship; And bring everybody out here c t : »..

Mr To; > > i i said the hardship would not be greater than to remand bis client for a week. He had already been remanded several times. His Worship ; Well, can you suggest an alterative J Mr Tosswill thought the case might be remanded till 1 o’clock, and a Justice procured from Winchester. To this His Worship objected. He thought it would, not be right because some of the Justices failed iu their duty that others should be kept there till 8 o’clock.

Mr White urged that the case ought to be gone on with. He was quite willing for fiia Worship to hear the case. His Worship asked what Mr Tosswill meant to call him as a witness for. Mr Tosswill said he should probably wish to ask His Worship about the letter. He would want to ask His Worship whether the question as to Badham or Williams having written the letter would have affected his judgment in any wayl Mr White said that was a proper question to ask His Worship while on the Bench. His Worship replied he should tell him that was his reason why he ordered the prosecution. Mr Tosswill said in that case he must, object to His Worship sitting. His Worship said he should not nit. As far as he was concerned the Court was adjourned, and they must get Justices to sit.

It was then suggested that the case should be adjourned to Timaru, and to this Mr Tosswill objected, urging that Bis Worship should dismiss the case. His Worship declined to do this. He would fix low bail, but he would not defeat the ends of justice by dismissing the case. Some argument ensued as to the amount of bail to be fixed, and James Spratley was then charged with having committed perjury in the Resident Magistrate’s Court, Ttmuka, during the hearing of the case Spratley v. Morton. The accused was remanded till Monday next, bail being allowed in one surety of £2O, or two of £lO. The Court then rose.