RESIDENT MAGISTRATE'S COURT

Inangahua Times, Volume V, Issue 66, 7 August 1878, Page 2

RESIDENT MAGISTRATE'S COURT

Tuesday, August Otit, 1870. (Boforo E, Shnw, Esq., H,M.) KliTiTiT V JACOIIfIEN. Dofondnnt was bummonod for slapping the plaintiff's boy in (ho fucq. According to tho evidence it nppoarod that th<» defendant mot plnintiff'« son nt Fiold'n corner, nnd after nccusing him of throw ing snow bulls, administered a .smack on the check. The boy denied having hit defendant with a snowball. Mr Kelly aml ho had brought Iho oaso booauso his boy waa boing continually obarged with and punished for tho miss« doo(?8 of othor ohildron. Defendant said (hat in passing plain* tifTb hotol ho was fllruek with a snowball, nnd shortly aflorwards tacoling Iho boy, chastised him by Riving him a slight Flap on tho face 5 ho (dofendant) had boon conntantly p«Hod with snowballs by plnintifF's boys until ho was afraid to pass tho hotel. After slapping tho boy ho (dofondanl) loaniod that it was anolhor boy who tlivcw UlO snowball. Thoro was another aolion arising out of iho above, that of Jncobnon v Kelly, nnd tho Bench docidod to hoar tho cases concurronily. Plaintiff said that on tho day nomod ho was hit with a snowbnll thrown by Jl'ughoy Kelly, and ,as ho had boon similarly treated beforo by tho lad ho brought tho action. Ho had ondcavorod to in« duco Mr Kolly to withdraw tho formor chargo, failing in which ho brought tho ( prosont nclion, P Tho ofFonco was not deniod. His Worahid said ho was willing to , nssumothftt Hugh Kolly throw tho snow ' > ball, and thoroforo an afisnult had boon [ committed. Boys had 110 right to I throw snowballs, but whon tho example was set by adults who anpoarod to tako

groat dclfflit in it. it oould hnrdly be tvondorod that t'io boys folloirod tlio exnmplo. In tiio first enso ho would fin( dofondant 2* Od, and in the othor ens( defendant was ordorod to p«y UlO «un: of 19 ; both partios to pay their owr coats. nuKAon ov ran itcknhino act. Timothy Shoohan was ohnrgoJ on ,tlu information of Sorgoant Novillo with a broach of UlO 42nd sootion of tho Licons* ing Act, by permitting hia barmaid t( attend bohind tho bar after 11 o'olocli p.m. Tho barmaid was oallod and admittoc having Borvod drinks aftor 11 o'olook a night, but in eros*«ojciimination by dofondant said that sho did so at hor owe dotiiro. Sho hrfd boon told on n previous ooonHion by Mr Shoehan that aho wai not required to sorvo behind tho bat aftor 11 o'clock at night, and thoroforo il was at hor own dosiro aho did it. By tha Bench— ]V£r Shoohan oamo nl 11 o'olook to roliotc mo on tho night in question, but I did tf6t*wish to go. lam not a relative of hif. ; Dofondant said ho hold a liconßO from tho Crown to soil drink until 12 o'olook at night. Ho had requested tho barmaid not to nttond nffco* 11 ooloole, but nho wishod to romnin and ho, dofondant, thoro« foro held that ho was not responsible 1 A similar information was laid against Mr Twohill and both casos woro hoard togothcr, tho ovidonoo for both boing idontical. His Worship said thoro was consider* able doubt as- to whothor tho chnrgos laid oamo within tho soopo of tho Lioonsing Act. There soemod to bo a distinction botwoon tho terms ' permit ' and 'employ' Tho Legislature in its wisdom had dcoidod ncvorthvlcss tha 1 young ladios ought to go I to bed at 11 o'olook, but thoro did not nppoar to bo any power giron to mako thorn go to bod at that hour if thoy did not wifllf. Tho question was a vory in« trioato ono to deal with, as tho young ladies woro rathor too big to bo put to bod, and any attempt in that direction might therefore bo attondod with eon* aidornblo diffloulty, On tho othor hand tho Act would bo rondorod entirely nuga« tory if hotol-kcopors could sholtor thorn - solves from tho conscquonoos of tho breach by such a defonoo 5 a publican might toll his barmaid to go to bod, but sho wonld know that sho would bo moro likely to ploaso hor employer .by remaining. Howm oror, ho had eomo doubt on tho point, and ns.tho oaso would be n test Ono hoi would~;tnko tittle ,to opnsido| v tho point, and Would tborofbro adjourn his docision 1 till next Court day,