RESIDENT MAGISTRATE'S COURT.

Evening Star, Volume VIII, Issue 2237, 8 July 1870, Page 2

RESIDENT MAGISTRATE'S COURT.

This Dav. (Before J. Pulton, Esq., R.M.) Civil Cases. Lyons v. Cunpingham. This case was gone into some time ago, when it was postponed. Mr Turton for the defence. It was a disputed claim for wages alledged to be due, at 35s per week, to the plaintiff as carter, and the defence was a set off. His Wors'-ip suggested that such complicated accounts should lie referred to au accountant. This was demurred to by the defendant. His Worship could only arrive at the conclusion that two week’s wages were due and the iti-ms admitted in the set off. Judgment for plaintiff, L 3 15s and costs. Trip v. Hugh Duncan. —Ll4 10s. The claim was admit ed. Judgment by consent for the plain iff’ for the amount claimed. William White v. Same.—l 3 10s. The claim was admitted. Judgment hy consent for the plaintiff. 11. (ionick v. Charles Armstrong. A deed of assignment was .put in, and judgment given for defendant. John Bathgate v. Simpson and Asher.— Mr Oatomore for the defence. A claim for damages for trespass. Mr Bathgate detailed the particulars of the case for years hack, showing that he based his claim on the ground that, notwithstanding frequent notic s, the defendants had persisted in feeding their sheep, cattle, and pigs on his property, formerly fenced, hut on account of frequent breaking of the fences allowed to remain open. Mr Bathgate said iu Ida evidence that iu 18(18 he let the property for an annual rental of Ll3O, and that he lost his tenant through the fences being so continually broken down hy others. Charles Mackintosh, Carishrook, authorised hy Mr Bathgate to manage the property, gave evidence of Laving seen sheep belonging to tire defendants on the property of the plaintiff, and that the grass was so closely eaten that Mr Bathgate had to purchase feed for his own cows. The greatest nuisance was from the pigs, of which he had seen thirty or forty on the ground. The defendant’s shepherd, Hawkins, denied having driven sheep on to the plaintiff’s laud. Mr Catumorc asked for a nonsuit, on the grouud that the land abutted on a high road aim was uufenccd. and therefore he had no claim for damage ; and further, that ihe defendants were not liable for the act of their servants. His Worship cou’d not grant the nonsuit, as it had been sworn that slu-ep had been driven on to the laud after no'lce had been given to tie defendants. The defendant Asher said that after receiving notice frm the plaintiff he gave strict orders to his servants not to allow sheep to depasture on the ground. His Worship said there was no doubt that the sheep had trespassed with the knowledge of the defendant; but as it was only to establish a right, judgment was givendamages, 20s and costs. W. M‘Feo v. S. Saunders,—Mr Stewart for the plaintiff ; Mr Keuyon for the defendant. Twelve shillings were paid into Court. This was a claim for assistance rendered to the defendant in saving his vessel, the Huon Belle, from danger. The plaintiff stated that he was repairing a vessel at Catliu’s River when the Huou Bello attempted to go out of the river, hut iu crossing the bar she ran on to the spit, and the sea broke over her. The plaintiff and three others went down to her assistance, and succeeded iu landing three passengers. He also, at the request of Captain Saunders, “ stocked au anchor” that had been damaged, and provided a boat and crew of live men to give further assistance. He claimed L2O for the services and risk of himself and seven men that he had engaged to pay. In reply to Mr Kenyon, the plaintiff sa d the boat he used iu going to the assistance of the Huon Bello belonged to Mr Mdllashan. He considered the men belonging to the Kate were encaged hy him to assist the Huon Belle. For the defence it was proved that the plaintiff and def.ndant had had some personal differences, and that all claims for assistance ma le by the men alleged to have been engaged had been paid hy the owners of the Hueu Belle. Judgment for the plaintiff for personal services, 40a and costs.