RESIDENT MAGISTRATE'S COURT

Temuka Leader, Issue 2393, 1 September 1892, Page 2

RESIDENT MAGISTRATE'S COURT

Temuka—Tuesday, August 30, 1892. (Before M. Quinn and J. M. Twomey, Esqs., J.P.'s.) INEBRIATE. A first offenderj pleaded guilty to a charge of being drunk in the public street on the night of the 25th September. Fined 5s and costs, or 24 hours' imprisonment. THE SHBBI' ACT. Geo. McMillan, sheep-dealer and farmer, was oharged with offering for sale iu a public yard certain sheep infested with lice.

Defendant did not appear.

Constable Egan stated that the defendant had told him that he would be unable to be present. He said that he expected he was guilty of the offence. Sheep Inspector Douglas said that he found about 30 of the sheep in the yard on the last sale day infected. Some of them were badly infected. They wore sold tq a butcher as fat sheep, and, the defendant having promised to have them killed at once, witness Had not ordered them to be dipped. Fined tlje lowost penalty, 205,, and 00313,

OiViL CASES.

H, Brosnahan v. Drake—Claim—£7 IGs.

Mr Salmond appeared for defendant, and objected to the hearing of the case on the ground that defendant had never been summoned. The defendant had boeu served with a summons, but the summons was bad, as the requisite notice was not given. At the last sitting of the Court the Resident Magistrate ordered the summons tq be extended, a proper proceeding, but the Clerk of the Court apparently understood that the case was merely adjourned, a proceiure which would be ijjegai, As a nmttqr of fact his client was not served to appear at that Court at all. He cited authorities. The Bench looked into the records of the Court, from which it appeared that f;p e.ise '.v:!.-; only .••./ijonnio.l, but on considering the (j.-iHO cpioied by Mr Salmond (])sy \vere qf opinion that the summons was a nullity, Mr Salmond urged that no injustice would be done by a delay. The defendant was in financial difficulties, and was endeavoring either to arrange with his creditors or in default of that to take advantage, of t ; he bankruptcy Act, when plaintiff would have a preferential olaim. The case was merely an attempt to secure assets which would be o.juitably divided amongst all the creditors. j

After a little further consideration tho Bench ordered the case to be struck out. J. jseri v. Geo. Judgment for plaintiff by default for amount claimed, and costs 7s. The Court tbeu rose,