RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 672, 19 November 1867, Page 2

RESIDENT MAGISTRATE'S COURT.

» (Before Or. Gr. FitzGbrald, Esq., E.M.) Monday, November 18. Dhunk and Incapable. — Thomas M'Laren and John M'Kiunon were each fined 10s, or to bo imprisoned for fouv-and-twenty hours in default of payment. Deunkand Disobderly.— John Prior was fined LI, with the usual alternative. Larceny. — John Mullane was brought up on remand from the 16th inst., charged with stealing beef of tho value of 16s. His Worship stated that he could not see any extenuating circumstances connected with the ease, The prisoner could not even plead poverty as an excuse. His Worship sentenced him to four months' imprisonment with hard labor. BitEAcn of Westland Public House Ordinance. — Mary Ann Sloan, on remand from the 15th inst., was charged with .-elling, on the 4th inst., spirituous liquors at her house (Fairy Cottage) without a licence. The Inspector of Police called Evan Morgan, who deposed that he was in tho house on the day in question when Sergeant Hickson came in. The witness denied that he was served with tlrink, or that drink was served to any person in his presence. John Jones was also called, and gave evidence to the same effect. Ho further stated that ho did not soe the defendant with a brandy bottle in his hand while ho was in the house. The Inspector of Police said he was not in a position to adduce any further evidence in tho case. His* i Worship vetnavked tlu\t l\o did not believe

the two witnesses called had told the truth, but in the absence of any additional evidence he would have to dismiss the information. The two witnesses who'had failed to appear on Friday last on a subpoena had been arrested on a warrant, , and were charged with disobeying a summons. His Worship discharged them. Wilful Destruction op Peivate Property. — John M'Myn was charged, on the information of Mr South, with, on the 15th instant, destroying his fence, thereby doing damage to the amount of LB. Mr Harvey for the complainant; Mr Bees for the defendant. It appeared that in October, 1865, the complainant took up, under business license, a section of land fronting Hamilton street, and built upon it an office which occupied his frontage. At this time a constable named Stokes was occupying a small iron cottage which was placed in the middle of Hamilton street, opposite Mr Souths office. In consideration of his removing the building from in front of his premises, Mr South agreed to permit to occupy the unused portion of his frontage -at a nominal rent. Subsequently Stokes, on leaving Hokitika, sold the building to a constable named Johnson, and the latter stated that he had lost the agreement, but that the sale included the right to the land. This, however, appeared to be contradicted by the fact that he had attoned to the complainant as his tenant in several ways. The defendant purchased the premises from constable Johnson, and had refused to recognise in Mr South any right to the land. In consequence of this, the complainant being unable otherwise to obtain possession of his ground had erected all round it a high feuce, which had been twice broken down. It was shown that the defendant had sent written notices to the complainant, threatening him with legal consequences if he fenced in the land, and that he had forbidden the carpenter employed to proceed -with the work When the fence was destroyed he was present, but no direct evidence showed that he himself took part in destroying it. Under these circumstances the Bench ruled that as against the present defendant the information must be dismissed. Had the person absolutely implicated been summoned, something could have been done. As a warning to other parties, the magistrate further stated that occupiers of reserves, although liable to ejectment at any moment at the suit of the Government, could not have their title called into question by trespassers, much less by tenants claiming through or under them. It might be useful for such persons to bo informed that under the newAct regarding offences against property, a first offence of this sort was punishable by a fine of Lo over and above the damage caused, while if the offence was repeated no option lay with the Bench, which would be compelled to send the offender to gaol for a period not exceeding twelve months. Breach op Merchant Shipping Act. — John Carr, master of the Sea Hippie, was charged by William Huxtable Perryman with refusing to deliver up the certificate of registry of that vessel. — Mr Bees appeared for the complainant, who produced a bill of sale (duly registered) over the vessel, executed by Luke (owner) in favor of complainant. The defendant said he was quite prepared to give up his certificate of registry as soon as he was ordered to do so. He did not know the complainant. He had offered to give up bis certificate to the Collector of Customs, but he refused to receive it. He had been served with a writ of foreign attachment in a suit in which Carey and Gilles were plaintiffs, and Luke, the proprietor of the vessel, was defendant. Mr Bees stated that the bill of sale had been executed prior to his issuing of the writ of foreign attachment. His Worship fined the defendant Is, and ordered him to give up his certificate. Assault. — Maggie Mason was charged, on the information of Elizabeth Bryant, with assaulting her on the 12th inst. Mr Bees appeared for the complainant. His Worship fined the defendant*los and costs. The Court was then adjourned till eleven o'clock on the following day.