MAGISTERIAL.

Ashburton Guardian, Volume VII, Issue 1790, 15 March 1888, Page 3

MAGISTERIAL.

A SBBURTON— THURSDAY (Before Mr John OlUvlor, R M.) DRTJNK.BNNESS. A roan, who was treated ao a flrßt offender, was mulcted m tho usual penalty. CAKT UNATTENDED. j amS 8 Rider was oharped with having left hia hortie and cart unattended. It appeared that tho constable found tho horße and crvt coming out of an hotol yard afcont D3O Defendant cima to tho police station about 2 a.m. the following morning, *nd In & state of intoxication, to get bis property, but ho got locked up Instead. A five of 40a and c ata was m lioted. Patrick Fitasjerald vras charged with leaving a horße and cart unattended. In this ca°Be tbe constable found the horse at larce half an-hour after midnight. Fined 40s tod costs. BREACH OF THE RAILWAY REGULATIONS. Barriet Smith, a girl of at me twelve or i fourteen aummers, was charged with quitting a railway carriage while iv | motion. The girl, It appeared, narrowly ■ escaped without serious accident. The Benoh neverely cautioned her, but allowed her to go without punishment.

CIVIL CABES. Baylifl vT. Smith-Claim £7 12s. — Mr Onthbertaon for plaintiff.— Judgment by default.

BayHa v Earnshaw— Jadgment earnmoos, £6 17a Id.— Mr Cnthbertson for plaintiff. — Oaße adjoutaed for a mouth. Stoele and Son v McK.er.zle— Claim £2 —Mr Oayglll for plaintiff —Jadgment by default.

B. Hughes v J. 0. Boll— Claim £16 4b 2d.— Mr Oilopfor defendant.— The olalra, whioh waa reduced to £9 odd was brought by plaintiff, the purchaser of the book debts of the old •• Guardian " Company, against defendant for money alleged to have been due to that Company. After the case had been gone Into at Borne length, an adjournment for a week was made, In order to allow the parties to adjust the account between them. B. Haghes v J. C. Bell— Claim £1 153. —Mr CrUp for defendant. Thli claim was also for a debt alleged to be due to the old ll Guardian " Company, the book debts owing to which had been purchased by plaintiff. —Mr OrUp took exception to the legality of tbe document, transferring the book debta from tbe Company to the plaintiff, and he further argned that the plaintiff had not In other particulars compiled with the terms of the law.— The M»g\»tt»ta Twled agataftt Mt Qilsp. Evidence having been heard judgment waa given for plaintiff for the amount claimed and costs.

Toner v McGirr-- Claim £15, damages for alleged breach of warranty m connection with the Bale of a horse.— Mr Tat-nell for plaintiff, Mr Crisp for defendant.— The pUlntift said that early m January ho went with Mr Miller to FrfedUnder's auction rooma to purchaeo a horse for a reaping machine. McGlrr drew thtir attention to a horse. The horse was warranted to be a good horae for a reaping machine. The horae wae taken to Mayfield, and every precaution waß taken when putting the mare In the machine. At Boon as the knlvet commenced to work the mare reared and plunged, and positively refuged to work. Had it not been for precautions taken, the reaping machine would have b«>en wrecked. The mare waß given a very fair trial. The mare was brought back to ABhburtoo, and McGirr then again Bald he would gnarantee the mare to do any work In the world. McGirr, however, refaeed to put the mare In his own reaping machine. Prevlouß to the trial the mare had been two tripe to Alford Forest for firewood, and ohe wan not at all fresh when put into Ihe reaping machine. Owing to the dslay oaneed by the horse not working m the machine pUlntiff'B crop was shaken by the wind and greatly damaged. By Mr Crisp : Witness first saw the mare In the horaeyardi Mr Millar was present when McGlr guaranteed the mare to be aa good a 11 reaper " as any horae m New Zealand McGlr also aaid he would give any trUl with the mare. Witness bought the mere privately, conditionally that ahe would work m a dray or a reaping machine either. Witness was satisfied with the work of the mare m a dray. — Samuel Miller, farmer at Mayfield, gave corroborative evidence. Toner wanted the mare mainly for a reaping machiue and McGirr said that she was a good animal for snob. work. There was a trial In a dray ; Toner wan not well satisfied, but said that he would take the mare as it waß mainly for reaping work he wanted her. The witness gave evidenoe as to the ! trial m the reaper, which took place on his land. The mare was tried In every way and she proved no good. She was 10 violent that witness would not allow her to remain m his reaper, as he was afraid of getting it smashed. By the Court : When Toner brought the mate back to Ashburton she had not deteriorated In value. The difference m value of the mare to Toner, through her not being fit for a reaper would bo about two thirds of the sum he gave for her— Peter Williams said that the mare was bought through Wb firm for £19.— 8y Mr Crisp : Witneos knew the mare. Considered aha was worth about £19 if sold m the ordinary way. Witness had an entry m his book " any trial given," but there was no instruction as to a guarantee. Never heard of both a trial and a guarantee

being given m connection with the Bale of tk hone. By the Oonrt : Witness underptcqd by the term " any trial given," that the mate wa* fit for farm work— This vai plalntlff'a case, -Mr Crisp called the defendant. E. McGoir, who said that b» had had the mare m question twenty months, and uaed her for ploughing, hwrowlng. drilling, and rolling work, and ■he alw&yß worked satisfactorily. Took her to Friedlander Bros, for Bale; gave ImtruaMons that any trial wonld be given bn£ no guarantee. Remember meeting Toner. Told him that Bhe wao good for

any kind of work bat gave do guarantee. Gave a trial and if there had been a reaper there would have tried In that. Did not guarantee her sound end staucch and quiet m a reaping machine. The m ue was tried In a dray ; wltpeas offered to try her lv chalnß, bafc Toner did not So 'desire, being Batlsfiod. Toner aald fcothltfg about a raapet and blnoer trial ; If-he had' done bo witness would have tried her In a reaper— By the Court; Toner ■aid that he wanted the mare for reaper j>od binder work; wltneps repliad that ibp yas good In all sorts of hnvneas.— By Jilr Crisp; Remembered Toner coming to him about a fortnight af tsr the sale and Baying the mere would not work. Witness replied that he did not know how to manage her. — Mr Pnrnell oroßsexamlnea the wltneßu at some length,- James Skll- 1 ling bad eeen MoGlrr working tha mare In plough, drill, roller and dray. Tn plough and drill ihe bad to be worked In Chains, the same as m s, reaper. She worked very well and witness considered her worth £20.— 8y Me Purnell : tho noise of a reaper sometimes startlod otherwise quiet horses, so that they refased to work m the raaohlue.— Francis JBaylis gave evidence — Robert Ennia eaid the mare was formerly his property. She was perfectly quiet. He had tried her In all harnoßß, and In a reaper and binder and she worked satisfactorily— By Mr Purnell : Did not know of his own knowledge if the mare was the one sold to Toner. It was two yearß ago when ho worked the rnaro m a reaping machine— !fhis was all the evidence. Judgement was given for the plalntltf for the amount gUlmjd «id*GO«rt> (Loft fitting.)