RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 2866, 26 April 1872, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before A. C. Strode, Escj., E.M.) Civil Cases. MTntosh v, Muir.—LlO, a claim of damages for trespass. Mr Sbapter for the plaintiff; Mr Stewart for the defendant. There was another claim made for damage on another day ; but both oases were taken together. The plaintiff', in his evidence, gave a history of a series of trespasses by a cow belonging to the defendant, which he said had been in the habit of invading plaintiff’s garden between September and April 22. Damages were claimed mainly lor injury to crops, trees, aud ground, on the 2nd, 9th, and 22nd April. The cow had on the last occasion cleared off the cabbages, broken apple tree boughs, aud knocked down the apples, upset tiower pots, and trod up the ground. He estimated she had done damage to the extent of L2o.—ln cross-examination, witness said “she was a peculiar cow,” with one stump of a horn, and the other “broke ” off. The fence was a two-rail fence, with three wires and a thorn hedge. The cow generally broke through at one place, but was not particular how she got out.— George Galloway gave evidence to seeing the cow in the garden and the good character of the fence.—Margaret M'lntoah, daughter of the plaintiff, proved the trespass; and a witness named Meiklejohn proved damage done to the frnit trees and cabbages, Ife estimated the damage at LID.—A market gardener estimated the damage at Llo.—Mr Stewart admitted damages were due on one case ; but having impounded the cow and claimed

damages through the pound-keeper, he was not entitled to sue in the Court, as he had not waived that claim. —Mr Scamper, solicitor, stated that he waited on M‘lntosh to arrange on behalf of Muir, but he refused to confer on the subject.—Mr Shaptor replied to Mr Stewart, and contended that there was no proof that tbe plaintiff had claimed damages in terms of the Impounding Ordinance, so as to bar his common law right to sue on the first claim.—His Worship awarded damages Ls.—On the second plaint Mr Shapter asked a nonsuit, which was granted.— Costs were applied for in the nonsuit by Mr Stewart, which were refused. M‘Lean v. Wyse.—Ll9 Os 4d, for groceries supplied. Judgment by default for plaintiff f r the amount, with costs. Mrs Monson v. M'Davitt.—The defendant was called upon to show cause why he had not complied with a judgment of the Court, by paying a debt due to plaintiff.—The defendant pleaded inability to pay, as he was only earning 5s a week.—John Hughes was called, who said the defendant told him he could, but would not, pay the amount. — Other evidence was called.—Defendant was ordered to pay the amount within a week, or be imprisoned ten days. MTbcrson v. Stand.—L9 13s, for wages and wrongful dismissal. Mr Stout for the plaintiff; Mr Harris for the defendant.— The plaintiff said she was engaged for six months by Mrs Shand, to do the bouse work and milk the cows, at L 34 a year. She She stayed three months, during which she was set to saw or chop the wood, and legrope and wash the oows, although Mrs Shand told her she kept a boy for that purpose. She remonstrated with Mrs Shand, who abused her, and said she would make her do it. On being told by plaintiff she must leave, Mrs Shand told her she might —that was the way she got her servants cheap.—Judgment for the defendant. [Left sitting.]