RESIDENT MAGISTRATE’S COURT.

Cromwell Argus, Volume IV, Issue 157, 12 November 1872, Page 6

RESIDENT MAGISTRATE’S COURT.

Thursday, November 7. (Before W.L. Simpson, Esq., It.M. ; M. Fraer, Esq., J.P. ; and J. Corse, Esq., J.P.) O. RENDALL V. F. FUENNESSON. A claim for wages amounting to £3 17s. It appeared from the evidence that the plaintiff and defendant were partners in certain mining property, and therefore the action could not be sustained. Mr Allanby, for the plaintiff, applied for a nonsuit, which was granted. HOWELL, LOUGIINAN, AND COCKS V. JOHN FLEMING. A claim of £2l, for depasturing 21 head of cattle on the Mount Pisa Run for a period of ■f.wAiv r 6 months. Defendant pleaded not indebted.

Mr F. J. Wilson, for the plaintiffs, stated that his clients, the pastoral tenants of M ount Pisa Station, had for some years past allowed settlers to run cattle on the station at a certain charge per annum. About twelve months ago, it had been understood between the runholders and cattle-owners that in consideration of the latter providing and paying a ranger, the charge per head would be reduced to 10s. The agreement, however, had not been observed on the part of the cattle-owners, and the runholders had had to provide a ranger. They therefore now claimed payment of £2l by defendant for depasturing 21 head of cattle for a year. There were 350 head of great cattle, belonging to other people, on the run, and it was not likely the runholders were going to allow people to depasture cattle free. Mr Wilson then called

Ignatius Loughnan, who stated I have been manager of Mount Pisa Station for the last three years. During all that time the defendant has had cattle depasturing on the run. The first year he had eight head and paid £8 for grazing them. The following year, the charge was lowered to 10s. per annum, on condition that the owners should provide a ranger and keep the cattle within certain limits. They failed to provide a ranger. Defendant paid for eight head at the rate of 10s. The cattle were last mustered in October 1871, at Goodger’s stockyard. Notice was given by the ranger for all cattle-owners to attend. I told them at the muster that in future the charge would be 20s. per head per annum. About a mouth ago I made a demand upon defendant for the amount now claimed, and he refused to pay anything. Cross-examined by Defendant: 1 received £ls from you in August 1871, having remitted £5 of the £2O then due. This was for arrears of depasturage fees incurred during three years,—one year being prior to the period of my management, I did not tell you that the payment of the £ls would entitle you to run cattle free for the ensuing year H. F. Willmott, overseer, Mount Pisa Station : In October 1871, I saw defendant’s cattle on the day of the muster. Went to defendant’s farm, and he being away from home, I saw his wife, who pointed out IS head of cattle that she said belonged to her husband. The cattle were running at large on Mount Pisa Station, in the neighbourhood of defendant’s farm. The farm is surrounded by the run. I was assisting in the muster at the time. I did not drive the IS head in to the muster, as I did not wish to give defendant the trouble of driving them back again. In addition to the IS at the farm, there were three head in the muster-yard belonging to defendant. The witness was cross-examined by Defendant, but nothing material was elicited. \\ itness (to the Bench) : I have since frequently seen cattle on the run that were reputed to belong to defendant. This was the case for plaintiffs. The defence set up was that the money paid by defendant in August 1871 was understood to cover depasturing fees up to the end of October 1872. The Bench gave judgment for amount claimed, together with costs of Court and solicitor’s fee. APPLICATIONS.

Thomas Hudson, of Carrickton, applied for permission to keep a billiard-table on his licensed premises. Mr Oolclough appeared for the applicant, but the Besident Magistrate declined to hear him. Mr Oolclough said he bad hitherto been allowed to represent applicants for licenses. The Besident Magistrate : “ Well, whether it has been done hitherto or not, I’m not going to run foul of the solicitors.” Mr Wilson here came to the rescue, and at his request the application was granted.

Ah Tung, of Luggate Creek, applied through Mr Oolclough, for a slaughter-house license. The Besident Magistrate reiterated the ruling in the previous case, stating that he would hear no second party except solicitors of the Supreme Co«rt. The application was remitted to the Inspector of Slaughter-houses for his report. The application of George Carnaby; Nevis Crossing, for a renewal of slaughter-house license, was granted.

MITCIIINSON r. oT.RIRN. In this case Mr Allanby asked that a fresh summons might he issued free of cost. Granted. JOHN TKRI:IAM V. JOHN MUIR. * The defendant, appeared in answer to a fraud summons issued unocr the Besident Magistrates’ Act of 18(58, commanding hun to show cause why he had not paid the amount of a debt for which judgment was given against him at a previous sitting of tho Court. Mr Allanby, who appexred for defendant, stated that his client had on Wednesday filed his. schedule at Clyde, and was therefore protected for fourteen days.

The Resilient Magistrate said the Bench could not yet take judicial cognisance of the insolvency, but would suggest that the plaintiff ask for an adjournment, pending adjudication. The plaintiff instructed Mr Wilson to apply as suggested by the Bench ; and an adjournment for four weeks was granted.