RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume II, Issue 167, 12 February 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuesday, February 11. (Before J. Giles, Esq., M.D., R M.) Drunk akd Disorderly.- -William Zealey, Avho had lately been discharged from gaol, where he had undergone three months imprisonment for larceny on Addison's Flat, was brought up charged with being drunk and disorderly, with having no visible means of support, and as a rogue and a vagabond. John Paul, constable, deposed to finding the prisoner lying in a drunken sleep on the tramway of Stanley Wharf, and to taking him into custody. J. A. Maguire, governor of the gaol, proved a former conviction. The magistrate sentenced him to one month's imprisonment with hard labor under the Ist section of the Vagrancy Act.— James Costello was discharged with a caution, this being his first appearance.— Thomas Naylor also was brought up charged with the above offence, and was fined 10s or twentyfour hours' imprisonment.

TRUMPERY CASE OP ASSATJM. Samuel Ramos appeared to answer the charge preferred against him by John Rafferty of using abusive and insulting language to him in the street, which was calculated to promote a breach of the peace. The evidence was of such a frivolous nature that the magistrate dismissed the case.

LESLIE V. MOHEY. In this case complainant sued Morey for the value of two qr-casks of ale supplied by him to Thomas Way, of Mokihinui, on the defendant's order, and for which defendant agreed to become collateral security. Mr Tyler appeared for defendant. Complainant being undefended. Mr Tyler argued that no promise of becoming surety for payment was good in law unless reduced to writing. The Magistrate reserved judgment until 10 am. this day. BTUITT TO CHAEGE TOLL. The very important case of Stevenson v. Patrick Brennan was gone into. Mr Pitt appeared for complainant. Mr Tyler appeai'ed for defendant. Malcolm Stevenson, the plaintiff, sued Patrick Brennan for amount of bill delivered for tolls at various times incurred by defendant using his track to the Caledonian for his pack-horses, and for which he had a protective right from the Superintendent of the Province, gazetted the 23rd of January, 18G8.

Mr Tyler for the defence called various witnesses to prove that the track was not in a good state of repair, and that though the plaintiff had received protective right to charge toll, it was with the condition that certain provisos were carried out, and he contended that this had not been done.

Mr Pitt argued against this, and produced two witnesses for the plaintiff, who proved that although the track was bad, still it was no worse than the nature of the ground and the wet season would account for. The magistrate reserved his judgment mntil 10 a.m. to-day, stating that it was a case of great importance, as it affected not only the interests of the general public, but of the lessee of the trade, and required his carefid consideration. JONAH LEVI V. EBTVAUD ROACH. This was a claim for papering, canvassing, and supplying paper to defendant for certain rooms in his house, and for which plaintiff claimed more than his agreement had specified. The defendant brought a professional paper-hanger to prove the nature of the work done and his estimate of the value, and judgment was given for plaintiff for £3, being greatly short of his claim.