RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3119, 17 February 1873, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before A. C. Strode, Esq., R.M.)

Wife Desertion. —Mr Stout, on behalf of Mrs John Kiliu, applied for a protection order against her husband, on the ground of personal abuse and desertion in company with another woman. Mary Kilin produced the certificate of her marriage with John Kilin, in 1858. She had cause to believe that her husband bad gone away to Melbourne, in company with another woman. For months past* he was in the habit of coming home late at night, sometimes under tho influence of drink, .and bearing her. She desired, therefore, that her future earnings should be protected from her husband. —John Cullen was aware that Kilin went away to Melbourne, a few days ago, with a woman named Mrs Mack. They said it was their intention to get married there. Several cases were forwarded to Melbourne in the name of Mrs Mack. The protection order was ordered to issue. CIVIL CASES. A. and .T. M‘F<irlane v. Boyle and Co. ; claim, L 49 17s, balance of account of goods sold and delivered. Judgment by default for amount claimed with cos'.s.

M‘lvenzie v. Hutchison; claim, Ll4, freight on transit of coals from fort Chalmers to Burke’s brewery, and detention through delivery not having been taken at the brewery immediately after its arrival. Mr Stewart appeared for plaintiff, and Mr Turton for defendant. John Thompson, a member of the firm of Thompson Brothers, said his firm were agents for the plaintiff at Port Chalmers. On the 15th of October last, defendant’s agent said ho wanted a lighter to carry about 20 tons of coal to Burke’s Brewery,"and that he had seen Mr MfKenzie, who referred him to them. Witness replied that he would see MTCenzie, and give him instructions in the matter. All M'Kcnzios j business was conducted by witness’s firm, ; including the giving of orders regarding the work of lighters, and the receiving i and paying of money. He gave M‘K.enzie instructions to go, and he went, but nothing was said at the time about the amount of freight. He had nothing to do with the business of the plaintiff beyond that of acting as agent. He was agent for several lighters. The rule was that they should take the work in turns, and they were paid by him the amount of their earnings, less commission. Plaintiff said defendant’s agent pressed him to t ike the coal from the Port to Burk’s brewery. After seeing Mr Thompson he took the lighter alongside the coal-hulk. Mr Brebuer said to him that the coals were wanted immediately at the brewery, and that therefore he was to load and start at once. Ho immediately took in 25 tons of coal, started, and reached the brewery on the afternoon of the 15th October. At the request of the manager he delayed commencing to discharge until the following morning, when help was sent to him. In the evening, however, the help was taken away, and in consequence he was detained three days. He could scarcely estimate the loss he had thereby sustained. At that time the vessel was worth to him L 6 per day, but he thought that L 3 per day was a reasonable charge for the i delay. Th r ' uniform rate of freight from the port to the brewery was 4s per ton. It was his duty at the brewery simply to fill the baskets, and place them on the deck for the owners to take away.- George Brebner, agent for defendant, said on the 15th of October last, he told John Thompson he wanted a lighter for Burke’s brewery, Thompson said, “Very good,” looked at a book, and then said M'Kenzie was first on turn, an<jl that he would send the lighter to the 'hulk. Afterwards he saw M'Kenzie, and the latterremarlfod that there was some bother in getting discharged at'the'iu-ewriry, and that he would not go until’ he had sefen Thompson. Shortly afterwards, he came alongside the bulk with the lighter, and Witness loaded him. He did hot seek M/Kenzie before going to Thompson, _ but met M’Kenfie accidentally, and asked him if he ws.s petit on 'turn. He replied that he did not know Be tfeejn iyput fo i Horatio Williams, agent for defendant at Dunedin, proved having received an account from Thompson Bros, for freight on 25 tons of coal, iu which no charge had been made for delay of the lighter at the brewery.— Judgment for amount claimed, with coats. John Pink and another v. the Shag Valley Quartz Mining Company.—Claim, L9O, for carting mining plant, as agreed upon, from Macrae’s Flat to Shag Valley. Defendants paid into Court I 50 17s, in satisfaction of all demands., together with plaintiffs’ costs. Mr String pppciiyed. fog the plaintiffs, and Mr Hodgkins for Jtpio Pink said he was a (/arrfor, and ehforifo’hlfo agreement produced with Mr Ball, hut; after be had taken two loads, he found that there were 90 tons to carry, instead of 60 tons, as represented to him. He said to the manager 'at&hag’ Vfpfoy, after making this discovery, that he would abaridoh 1 hid Contract, fcfcaiiae there was-radro weight arid' further to carry it than was shown, and also because -theirood over which it had to be carried was very bad. The fogal manager then wrote to tfio manager, saying tjhac the company giybtjje carrier LSd'mpre if'he would go on carry |ug t|ie stuff. He continued carrying until ho came jkg last load,’’when,'finding tllajt he bad nflt ‘|aw.ojeflt jjftrengtj? ’ _ Ho" engaged two bpUopii-dijycrg to hinp pnpmp.r Gomjoged this foa3. apd it wag ffost decided that he should 4 fI H v PF it fi u thp top of the hill, but the manager, meanwhile, had changed his mind, and ordered that it should be delivered at the foot of the hill. He replied tljpt it was impossible to do so unless a r.pad fo-sjii lie then proceeded dpwn the hj.ll as fay 113 Ifo epufo with wfiou the company's men came and unloaded the bpilep. |’hjg coippfeted h}s contract, rfo wgiS detained seyeral days W a itifigf for *“8 pjpgrftnes. During this time the company's mm, under the gnidaupe of the manager, atteirote. - -‘ ie SS of the h.li, ** 2T

giving way, it was libera... , rolled ay/av in a direction opposite to that intended. v He the boiler afterwards, but did not discover any injuyyit had received. Before they commenced to take the boiler down the hill, he told the manager that he would not be responsible for anything that might happen to it. The manager ; was giving directions when the rope broke, It was part (if the agreement that a road should ho made for him, but such was uot done.—Robert M‘Grae said he was present when Mr' Ball and last witness entered into: the contract.—Mr Ball then said there was: only about fifty tons of stuff, but he would ■ put is down as sixty tons. _He 'was also. present when the manager said L3O extra would he given' for the completion of the contract’. A toad line wad specified, but

subsequently altered. It was promised, on the part of the company, that the road should be made. That, however, was not done. He brought the boiler on to the top of the bill, where it was originally intended to deliver it. He (the engineer) said, “ Wait until we sea where we shall put it.” The remainder of his evidence was corroborative of that of last witness.—William Elliot, Hugh Lyons, and David Henry Millar were examined, but their evidence differed little from the prec ding. The case was then adjourned until the 21th inst.