NGARUAWAHIA, MONDAY, FEBRUARY 23. (Before W. N. Searanche, Eiq,, RM.)

Waikato Times, Volume V, Issue 279, 24 February 1874, Page 2

NGARUAWAHIA, MONDAY, FEBRUARY 23. (Before W. N. Searanche, Eiq,, RM.)

Eobert Hoff, one of the now foroe of Volunteer Engineers, vras ohargocf with tiaving bsen drunk And incapable on Saturday night. — The prUoner pleaded guilty, and was fined 5a or the uimil alternatire. There is m further charge against thn prisoner of b<mns; violently assaulted two settlors on fcba BHine night. Two of the witnesses in this case nob being in attendance, the prisoner wa» remanded till Thursday, and ordered buck to guot till l/bt>i>. Hawbju. Ma okie (Native) v. D. P. Scott, Mr Leary for plaintiff; AJ> Hay for do'eioW. This was »n action brought by the plaintiff against the defendant for the r«-eovr ry of £20 for loin of a home seized bj the Bailiff of the .Outypi, in natiifaotion of a warrant mued in tho oaie of Scott d. jlfiiir Hawera Aiackw, bain? eworn, depo»ed that the horte in qnoßtion was hitr, and was taken by tie JSdiliff out of hii paddock 5 be bought bh# iiora« from Robert AJhur for J827. Eobovfc Mnir depostd to havinij Bold the hone the day after judgment wft^ijtscowlfd agaiuat him in fayorof Scott. By Mr Hay !— I *a« lately de( Jtred* bankrupt ; I put a liui-»o in Lho bchudulc; 1 sworo that the horse was my property ; 1 handed the proinmory not* received from Maokie in ,i>nymonfr for the how «o fcheTrmfees. Q;" oi ;g« Matheson, ot «l»e A.C. Force deposed to acting at bailifl in the case referred to ; lie kuew th»fc the hone he •oizpfl was Muir't. Mr Hut in his address mnintninpd that the action should have been brought against the Baififl' and not against the I pnwnt defendant, w'to was in no way liable for the acts of | tho officer of fbo Court. | Mr Lojiry said it wa* optional. The plaintiff could wlect tho party against fc hoW) lie would proceed. The Bniliff was the i-ervant of the defendant, and he, therefore, was liable tor his acts. The Ifesidtn'. Magistrate said he had consulted twa or three solicitors fn Auckland on (he case, und they held the

*auje opinion that, ho did, viz T'lat the Bailiff vroa the proper person to proceed ajaiuat, and that t ie defendant was not liable. MrLeaiy accepted a non-suit on behalf of his client.