AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume 3, Issue 295, 16 May 1879, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

■ :•'__«__.-o ______--.; 1= ■■■■. ■ ■.-■■ ■ t ■'■ '■ . FBioAi,Mkvl3. ' ' ■■-.■:' . (Before Jdstin Aylmer, Esq*, R.M.) ;: ■ -:;.. ■•■: i-. •:■• .CATTLE: TRESPASS, r'-li'-r' F. Arming was fined ss-and r costs for allowing a horse ; t6iwander.! !/;' ./' r.U:-■::,:>:- CIVIL CASE.'* ■■''"''• - "-- : -■ LBE V. PILLIET. .: fClairii,' £2; 16£ hire'of a< bhggj shd pair. Defendant topk_a_preliminary objection to the case. prpce,edin& qn the. ground of want''of- jurisdiction/ in Christchurch) Where plaintiff also / had ah * office,; and carried on/business- V He ought not to have been dragged .'tdc Akaroa at great personal,.inconvenience to;answer the claim. ~' n-,.■».-•.,;! ' '■ His Worship ivouid make a note of the objection, but in the meantime would hc|ar .theevide_.ee. [ .. Samuel Lee, the plaintiff, was then Mr Beecher, enclosing a. telegram from defendant. (Letter and telegram put The latter was to-the following effect; :■— •' Can I haye J briggy arid pair to meet *me at Pigeon Bay on. Monday ?; Reply quickly. State price." Also received an order from W.i'Chamberlain, then in bie'eiiiploy as driver, to send-a buggy over to meet defendant. " 'In consequence, Sent- 'ajbiggy and pairtqmeet defendant. 5 Directed the driver .to,[ charge.£2 if,defendant,wished to be driven to the Head of the Bay," £3 to Akaroa, and if he wished to go to Wainui told him he considered it worth £,4, buf wouldl it tcf ?the driver to make the best terms he could. Defendant declined, to take the huggy, and had not paid for it. ' ' ' , By defendant:.'Bave,,never- asked, you for the money. 1 ' 'account' has" been sent to you regulariy.-Canhdt say of my own knowledgei whether*: you have received the accounts. To jthe best.of my knowledge no account for £3 has ever been sent you. Defendant here applied for a non-suit, on the ground that plaintiff was filing fbr a bodk"debt, 5 and his books. -' ""• ' : ■ : "-■;,_ r yS-' \ \ Plaintiff applied for an adjournment for two hours to: enableihimito.iseiid for :,them. .; . - :;; ; ~;.i r: - ■.;■ - : ai v.'. ■-;;•- ---.J The further hearing of the case was adjourned till 2 p.m. ;,;■,;; ■.■■■■' On the case being plaintiff produced his ; day-book, oohtainipc ; the entry. In answer c to questions..by he stated that ho could npt say of his' own knowledge Wherithe entrjlwiiswader He saW it in the book Withiri i fc; dpyor ,t#b, of the date of the transaction; • - V ;/ \ ' ' W. ; Charnberlairi : deposed "that-at'the time in 'question he ; was driving for plaintifE. i On his 1 arrival in Christchurch one evening, defendant came to the office and said he wanted; a buggy and pair, tojmeet him at Pigeon Bay,.. Witness could not tell him the terms. Defendant said he did hot mind the .price, but he was not to failtd send one oh any account Told hhri'to I make sure he had : better telegraph to Mr Beecher.; 'Gave plaintiff' the ; ord6r, and • told biin that he must send the buggy. - .: ■'■■ By defendant": ; Was not in:bad health at the rime. Might ; have had a slight cold. Was not a teetotaller.: Drank square gin. .George Sadler deposed to having driven the buggy over to,..meet "defendant. • Had asked price according to plaintiff's instrup"tibns. r " ''.'.".."-,.,...'.'.,.f. ..',.!..('.-' .". : "."-..' By defendant: Made the entry the same evening. You offered me £3 for the dayj and Jrefuspditi'; .- j'-i.'T'.t'•> Defendant's case was that he had gone to Vf. Chamberlain, pJaintif'-s-i servant in CUristehurchl )#ig ifi hive a to telegraph to Mr"Beecher, plaintiff's agent in' : Akaroa. Had done so; Mr Beecher 'to "state the price. 'This 'had; not been and instead of that "a buggy had been sent over fyhich he had decHrifed to make Use of, as he considered the; price : demanded exorbitant. AsVthe ! groom admitted; he had' offered £3, ! Wnich had beeni refused. • He sa «r other '.passengers taken in the buggy. !: 'As fiir' as' he* urid'erstood; : it, the' plaintiff's 1 case Y - ? -Wais 'based on ah alleged agreement' ihadje' jh Christchurch. If so, the case way j clearlj/ r out 6f the 'jilrik-' diction of l ;* •;";' ■";'' ; ; '. ;By plaintiff.-' Yon;' never- told me that Beecher had no authority to ejet for you. {, '. Defendant contended no bargain had been completed. He, had .'asked for a price, and it had never been furnished him.!.. .. ~-', _'~'; . ' .'. ■•..,,..,. . ~": '■:,;., j,.;..;^ Plaintiff non-suited, with costs £5 6s 6d. < ' ; TRANSFER' ;OT LTGEIfSB. /. '~ . A temporary transfer of: tj>e ; -license of the Criterion Hotel was granted ( frbin. W. 'Johnson to ThomasAdauis. > '■! i <•* The Court then adjourned.