RESIDENT MAGISTATE'S COURT.

Westport Times, Volume II, Issue 173, 19 February 1868, Page 2

RESIDENT MAGISTATE'S COURT.

Tuesday, February 18. Before J. Giles, Esq, M.D., R.M. DRUNK AJfD DISORDERLY. William JBwrrell was brought up charged with being drunk and disorderly, and with iudecently exposing his person in G'a lstone-st>-eet. Messrs Roberts and Simpson were subpcened by the police, and proved the commission of the offence. The Magistrate sentenced the pr's ner to 10 days' imprisonment with hard labor. Messrs Roberts and Simpson applied for expenses, as they had both been obliged to leave their business, and to g-t a man to mind their shop in their absence. The Magistrate allowed them five shillings each, which they at once handed over for the benefit of the hospital. T'/o?nas Loclgr,, charged with being drunk, ami with breaking into the premises of Mrs Sherlock, was also brought up in custody. Sherlock gave evidence, proving the offence, and Constable Pririgle, who arretted the prisoner, said that he shammed to be drunk, hut he was not nearly so bad as he tried to appear to be. The Magistrate remarked that the offence ha I been proved, and that the prisoner was liable to receive a sentence of twelve months' imprisonment, as people's tents and dwelling-! were bound to be protected, but this time he should only inflict a sentence of imprisonment for one month with hard labor.

freeman v. munday. J. D. Freeman summoned Mr Munday, the officer in charge of the Customs, for wages due. Mr Munday acknowledged the justice of the claim but said that he held orders of plaintiff on him for the payment of certain tradesmen's bills, and that as Customs Officer, although he could engage the services of an extra clerk, he could only pay him in his capacity of Treasury Paymaster, and that this payment was to be by special authority from the , Provincial Treasurer. He said that the vouchers had been forwarded but not yet returned, as soon as they were Freeman could get his money.

The Magistrate non-suited the plaintiff, remarking that there was n:> case to bring before the Court. WM. SCOTT V. WM. HAM,, CKIUSTTE RA.LPII AND PATRICK BRENDAN'. Mr Tyler appeared for the plaintiff. This was an action for payment of certain moneys due plaintiff for tolls for his track to the Caledonian and for which he had a gazetted 'protection. The defendants acknowledge! their liability to toll, but disputted the plaintiff's right to charge 5s ;*er horse as 3s only was gazetted, and also pleaded in defence that the trick was only a slight alteration of a track cut Government sjrne seven or eight months ago.

Mr. Tyler argued that the 3s in the Gazette was a mis-print, as it was a,fac siniw.p- of the protection granted by -Kir Kynnersley, with tho exception of 3s being substituted for ss. Mr Kynnersley was examined, and proved that after Malcolm Steven's track was cut he granted another protection to John Scott with right to charge 3s per horse. He ih;n grante I a subsequent protection for another track to Ehrenfreid with right to charge 5s per horse. Scott had got a transfer of Ehrenfried's protection (which was not gazette!), and only one track was cut, so that in the mean time plaintiff was only at liberty to charge the 3s per horse, as gazetted. The magistrate entered judgment i'or plaintiff, with costs, and divided the cost of the subpoena of one witness between the three defendants. GEORGE KNOPP V. GEORGE STUART. The summons in this case had not been properly served on Stuart, so that the case was dismissed. CHARLES LAMPFERD V. LTNOM!. No appearance of defendant. Judgment by default. A. BROWN V. PORTER AND SXITH. This was a summons to obtain the price of a hogshead of ale supplied to defendants, who did not appear. Judgment by default. BERRY V. BEIIISS. This case was adjourned until Friday, as there was no return of the summons by the bailiff. The Court then adjourned until 10 a.m. this day.