RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume VII, Issue 1985, 15 September 1869, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before A. C. Strode, Esq., R. M.) DRUNK VRDS. Anne Gadsby, an old offender, was fined 20s, for drunkenness; and Robert Jarvie and George Sutton, for like offences, 10s each.

Civil Cases. Mattliieson v. Riddell. —A claim for L2l 9s Bd, tiie amount of a dishonored acceptance. Judgment was given by default for the amount. Heymanson and Low v. M ‘Cluqky. L2l 7s. Mr Barb u for the plaintiff. A cheque had been forwarded to the Clerk of the Court for the amount, but being informal through the omission of the name of the place. Judgment was given for the plaintiff. Calvert and Campbell v. Riddell.—L3s 13s 8d on a dishonored acceptance. The case was undefended. Judgment by default for the amount. M ‘Lean and Spedding v. Corbett.—L49 13s 3d, the amount of a dishonored acceptance. Verdict for the plaintiff by default. Crockett v. Juher. —The plaintiff claimed L2I 10s. The sum of L2 14s was paid into

court. Mr Harris for the plaintiff, and Mr VVi’son for the defendant. Mr Harris said no notice had been given of the sum paid into court. The plaint : ff, who was a sailor, had engaged with the defendant, the owner of a lighter, to navigate the craft between Port Chalmers and Dunedin at the rate of L2 a trip. The first of them claimed for on those terms commenced on the 11th August, and they were continued untd eleven trips were per formed. There was a further amount of L 5 charged for cutting down and burning bush, which he had engaged to do at L 9 an acre. He was not able to complete the job because

of a tree falling on him and disabling him, through which he was compelled to go into the hospital and had not been able to work since. There was over an acre cleared and partially burned. Evidence was called to prove the rate of wages at the date. It was stated that they varied from L2 to L 4 a week, according to the size of the ighters. For the defence it was stated that the plaintiff was engaged at LI 10s a trip and was found a house to live in. It was also stated that LlO had been paid on account of the trips, for which the plaintiff had not given credit, and that the bush was so badiy cut that it had cost Ll2 an acre to clear it. The Magistrate awarded the plaintiff LI 15s a trip, and considered the LlO attempted to b - deducted formed no part of the money claimed to be owing. L2 10s was also awarded for cutting down the bush. Verdict for the p aiutiff, Ll6 ss, with costs, including the amount paid into Court. Poynton v. Mackenzie, L 43 6s 6d. —Mr Wilson for the plaintiff. This was a claim for wages, amounting to L 47 6s 6d, of which L 4 had been paid.—For the plaintiff it was stated that lie engaged as servant with the defendant, and although no agreement as to. wages was made, he was emitled to L 3 a week for part of the time, and L 4 afterwards. He had also advanced money for some small articles.-- For the defence it was stated that the defendant know the plaintiff in Sydney, who, having lost his wife, came ovor'to liunedjn, He stayed with the defendant some time, w ;| s never treated as a servant, did much as he liked, and was not expected to do anything. Some small sums claimed in payment for trifling articles purchased by the plaintiff on account of the defendant, were admitted. —His Worship said tliat the plaintiff was entitled to something for his work, but not the amount claimed, Deducting the L 4, he should give judgment for L2B 13s 6d> with costs.