RESIDENT MAGISTRATE'S COURT.

Wairarapa Daily Times, Volume 3, Issue 826, 22 July 1881, Page 2

RESIDENT MAGISTRATE'S COURT.

. i ~■■>.■]. ■/■.»■''". • IBefore H. S, Wlra'ai; R.M.] IMASTERTON-THURSDAY. BOROUGH BY-UWS V , J. Ingram: v j 'John •Elley-^-Allowing' chimney to catch jire, Defendant stated chimney was not foul. Case dismissed.. Same v R. M,' chimney to catch fire. Fined lQa and coats. „. '..-. .'.'.' , , ■■

' Same v James Ralph, ohimney to catch'fire;'- Defendant said the fire was a little one, and he put it out without 1 soiling his white shirt, which he had put on to go to church in, Fined 5s and costs,

Same v D. F. McCarthy..—Exposing goods for sale on the Borough footpath.: The. prosecutor stated that on the Bth' inst., he. saw.unpacked goods on the footpath in Bannister-street. Defendant did not. apoear .--.Fined 20s and. costs,' .'•'" Same v, : James .Ewington.-Allowing calves'and a goat to stray on the public streets at Masterton, The prosecutor said many! complaints were made respecting defendants calves,.and more especially his goats, Fined.2os'and costs, \ F.UBIOUS RIDING. - i s

Sergeant McArdle v Louis Breach of Borough By-laws, riding ahorse furiously down the public street,' Defendant pleaded guilty. Evidence was brought to shew that' the'pace was a gallop}, and that the defendant knocked' a man and horse over hi his course'.' 1; ';' ; ' '"' The Court said the offence was one for ■whioh'it must inflict a-heavier penalty, than for a mere ordinary case'of furious riding.! It would inflict a;'fine;bf 40a and ills costs, In.default,^day8 v ! ; . •■ SamevLouis SimVon;—Breaohof Public Works- Act, by being drunk while in charge of a horse, Defendant pleaded

guilty. The proßeoutor.gavo, defendant a, good oharacler. t.-<ftia mm •'''-.'; The Court Baidlha||{ ip|o«ot.for,j defendant's good charl||er &|jl d ?? him to gaol; as -iijm. hWabMd fine I him 60a and 14s c^Wo> N f Sfault l«i day's iiiprisoHtlJfinti,.,The fines were paid' iiybptji cases, '...-. -.;,'. .':.'• ,' " "T.' Valei&ne^jly;,^ .costs.'. . ,' ' ', ''•■-.■ ;,., „,,;.,.:.;•.,•

,•'■■• '•■ jarful d#en'twn pfVdog.- Mr Skipper "fpr,plaihtiff, Mr"B'elftd for defendant. \ ; '' plaintiff ddpfisflithatfhe mtii Wfk""ati ;fiSttrqea\tV He HadJiyE*fpurtpuppies with >Mr(A;?Burling-at Morrison's Bush, near.. Grey town, to' take cjire of, agreeing to-pay-' '£oor.the,trouble. [Some-confusion-Afire' ps;e |a (t|. Jh£. of f tfolßlirJffgs',; 'tnere'b'eing members. of'jtHe family 'bbtK Tira'uinea.J The dogs were; of a particular breed and the ' motW.oairie.frohi the Hofth of Scdtlan'dl ;He ; ( heard ! .that'-6ne"6if. the-poppies had-.')diep!j,an^|:ihe;went;.tO;,-Morris6n'B>cßußfc >e,ai3putitijjj 1 ;i.J:!iicih< | . l " }'*■ ; ■ • I .'.' Witness sent two rrien'to search for the' ;ffl'isstirg"plJp7 r "'*He"did" riot find- it till the' (i2tli,instVjfwbflu'.'he;faia'ii«.v.B'f.ed! it'tied up, ; atf r puppy alj 'M). l^lnansff'er 4 )o.'Mr; Beard iHoigave ;Burlihg, li o"F the 'puppiev and £2 to'ldok after the other .threß.puppiea,—He'-'gave-hi'in thepuppy to make up for a belonged to 'Burliiig;'andj which Had/die'd while" under ,cha^e:of:the"witness;.. ; -'•'• *•' , . ;

i Arthur Burling (sworn) lived- at Mor-j r.iso.n'B.,. B.ush,. Fpnr r puppies,-were left wjthihim by plaintiff!, they; remained with! 'hinV about six mpritKs."' Could not say' whether the dogs w,ere,valuable. He gave; the dog in Court to Mr,He,nry B,urling.; H'elcons'idered the'dbsa b'e)origed/tp him-i a'elf,. 'He "had" no from the 'plaintiff 46 give the dogs away,- The! Plaintiff brought them in.a.bag,,and.said j ''f'Here'are some puppies for you, Henry' :Burling''k'new ) nothing of w'itlless's- doalings with McOarty,

'. T(ie.Court,ivNowj 'JlpOarty, this case must fail. Unless, you.cap .bring homo to Henry BuHing a knowledge of the dog !)einK"Btoleiryda'"hav6"no".ciHe7*''Tf'v?aß 10 offence foriHenry Uurling to have the log-in his possession, ■;' .;,' ; i... ut.

.The plaintiff said he would leave, tho matter' in the'harids of Mr Skipper. He waß-"Borry : his had'iso "rhuoK trouble ; over : tHecaße.' : ''' '' :

; •The' 'Court hoped the plaintiff would not find the costs a trouble. •

Mr Beard asked for .full.expenses for his client.' .'•, ; \ '■! '■ i \ "\:

■' Tfie - plaintiff said-that- it-had- already coat him £64 to find the dog. The Court suid.if the. Justice who took the information had pointed- out that it ;was deficient, the.prosecutor would not have proceeded,.wifih.: the base. Coats were allowed to defendant,,viz,,' persorial-expenses' 50a, and counsel's fee 218; making with, costs of Court;r27.s, a total of 98s. '"''"' ; ' "'""'" GORDON PHILTJTS CASE. '. Sergt. McArdlev Gordon Phillips, obtaininpmoney under fslee pretence's. jThe" prosecutor stated that a remand had boe'n fgranted to enable the accused to bring .witnesses frornWellirigtori; the witnesses, however,-werenot-in-attendaneer-' ""''• The Court said the case must either be commenced "de novo" or the justices who had already dealt with-it- mu^hear k < '■ .A (;,'•!.t/' ' The accused said that lie understood the cane for the prosecution was closed, ; ',Tlie''accused\te|idere'd 'a v letter from a solicitor, which the Court declined to, read. - -- ; •■-"--'-•--'-

0. E Bllcinsjgave ovjdence of the accused obtaining money: 'from', him.' in.exchange for a cheque, is 'reported in our issue, of the 16th of July. • --.-

.. The. information .of Mr..Feist's, Was diathissed, aa no eyidenee >vas tid^uped r ,toi sh/ow the cheque had been presented at the bank. ; - Ofl-Mr -ElkinV information His'. Wbf-' ship, found him guilty, and he was sentenced to one month hard labor. / '-'■ 7 LANMAJi!. ' '-'''' " '-' '"'

Orpmbie, v Williams —Land Tax £lO. Is 9d. Mr Bunny for plaintiff.. Judgment for amount and costs.- : ' V ..',.-, : ' Same v T. H. Hill.—Judgment summons £4... Ordermade.""

Same ,v Walter. Morison,—Judgment, summons j6 2s 7d. Mr Skipper Jor defondant. Ordered to pay on 21st August or 14 days imprisonmont. Crombie (Land Tax.Commjssioner)' v, Oatt.—Land tax js 3d. Mr Bunny for plaintiff. Defendant pleaded that he had not been the owner of the land for nearly two years, His Worship explained the law .with regard to the matter, which provides that if. no notica had been Riven to the Department of the charge of ownership, the person originally assessed was liable.. Judgment for amount and lis 3d costs. Same v 6. Mackay.-Same, |3lßs W. Judgment summons, • Mr ; Bunny for plaintiff, Defendant pleaded, that he had not had sufficient money to pay it: also that having filed his'schedule,'he thought the tax would come in with other creditors, , :

His Worship explained that bank; ruptcy did not affect debts to the Crown, - Defendant was ordered to pay in one month, or 14 day's imprisonment. , SHEEP OASES, ' "". (Before H. -Si.Wardell, Esq., R.M:, and ""G. H. LiaterKaye, J.R) ;'• Sutton v Hitcliings.— Breach of Scab Act—two informations, -On the first the Bench could not agree, and the point as to whether the R.M. has power to overrule the JJP. is to bo argued .out aLFea.-. tHti'ston next~Court-day before judgment cani be given., ''■., ~,-;' r ; -,-/ '"' '." : -- { [A fuller-report will'be given' 'in 'next' issue].. The second case was dismissed, His Worship stating that although evidence, had wqu)d give ,acon? >ictioni;. the > rebutting evidence ;sliowed, no neglect tad taken place, and 'aa it was the first information'under the section he would give the : defendant the benefit of his evidence. YMr Bunny gave notice of appeal, ' '