RESIDENT MAGISTRATE’S COURT, ALEXANDRA.

Dunstan Times, Volume 640, Issue 640, 24 July 1874, Page 3

RESIDENT MAGISTRATE’S COURT, ALEXANDRA.

Monday, July 0. (Before W. L. Simpson, Esq. ,R.M.) Charlton v. Charnock and Charlton v. Charnock.—This was an action arising out of contracts, in which John Charlton, a miner, sought to recover 491. 125., made upihus: 2Sf. 19s. for raising coals and 20Z. as damages. There was also another action, in which the plaintiff abandoned the contract, and sought to recover 211. as wages. Mr Wilson appeared for the plaintiff ; Mr Cowan for defendant. Mr Cowan raised a prohminary objection that under Section 31 of the Act of 1567, the plaintiff was bound to furnish a full and explicit, statement in writing of the particulars of his claim, and that the action was improperly brought, it being nothing more nor less than a division of ihe same cause of action, which was repugnant to Section 23 of the Resident Magist rates’ Act. Mr Wils on replied, and his Worship over-ruled the objection, but took a note of the same. After heaving a great deal of evidence, the Magistrate gave judgment for 161. in the action on the contract; each party to pay their own costs. The other action, for wages, was adjourned tor a month, in con-

sequence of the absence of the agreement originally ma do between the parties, and prepared by INI ess is Vincent Pyke and Hooper, acting as agents for Charuook. As plaintiff’s solicitor craved the adjournment, the Bench ordered Charlton to pay 21s. professional costs.