RESIDENT MAGISTRATE COURT.

Westport Times, Volume IV, Issue 712, 17 September 1870, Page 2

RESIDENT MAGISTRATE COURT.

Feidat, September 16. (Before J. Giles, Esq., E. M.) ABUSIVE LANGUAGE. Elizabeth Kelly was charged, upon the information of P. H. Butler, with the use of abusive language in a public place. The occurrence complained of took place at Westport on the 12th iii3t. ; and, according to the evidence of the complainant and a man, named John Walker, who was assisting him to yard some sheep, the information was fully borne nut. His Worship fined the defendant 20s in addition to the costs of Court, or in default three days' imprisonment. The defendant expressed some dissatisfaction and when cautioned by the Court, having failed to desist, was ordered under arrest for contempt of Court. CONTEMPT OF COURT. Elizabeth Kelly was brought up, charged with contempt of Court. The prisoner offered an apology and expressed regret that she should have permitted temper to get the better of her. His Worship stated that he should have been willing to accept the apology aud to discharge the prisoner with a caution, were it not for the repetition of the offence after having been cautioned. He would inflict a fine of 10s or in default twelve hours' imprisonment. CITIL CASES. M'lntyre v. Savage : Claim for £2l*. Adjourned until Tuesday next on the application of the defendant. Wardrop and another, v. Thomas Rushford :' Claim for £7 7s Gd. In this case the defendant did not appear, and the plaintiff", having proved the bill of particulars, received judgment in the amount claimed and costs. Immediate execution was applied for and granted, the plaintiff stating that the greater portion of the money had been duo six or seven months, and that he had found the defendaut on board the schooner Mary, bound for Melbourne.

In this case the summons was amended in consequence of Moir, Taylor, and Leach denying that they had any claim against the defendant, and the name of Andrew M'Shane was put in as sole plaintiff. The circumstances, under which the claim was made, are as follow:—Claim No. 3 south, at tbe Lyell, consisted originally of six shareholders, three of whom—Moir, Leach, and Taylor, were working shareholders, and were, according to tbe special order made by the Warden, in a position to held the six men's ground. The three remaining shareholders were Milne, Green, and Greenfield, all of whose names appear in the certificate of registration as shareholders. M'Shane, some months back, claimed a sixth share and his claim was allowed by the Warden. Acting upon that decision he proceeded to protect his sixth interest by working the claim, and the present action was for the purpose of enforcing the defendant, as one of the non-work-ing shareholders and whose interest it was admitted was protected by Leach, to place M'Shane on the same footing as Leach. Theplaintiff wasputinto the box but totally failed to prove that he had any agreement, written or verbal, with the defendant in respect to wages; and the Warden dismissed the case, allowing the defendant £2 for expenses. A large number of applications were disposed of.