RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 3178, 28 April 1873, Page 2

RESIDENT MAGISTRATE'S COURT.

This Day. (Before A. C. Strode, Esq., R.M.) CIVIL CASES, la the following cases judgment went by defaultHutton v. Reid, L2 14s, for board; Fcgnson v. Mahon, L2 9«, for board and cash lent; Manning v. Howard, L 7 10s, balance of passage money (the claim was for L 7 19s, with interest, but the interest was not allowed) ; Baxter v. Fraser, L 6 os sd, for groceries supplied. Gray v. Bessac.- L 4 6s 4d, for five weeks’ wages, as domestic servant. The defendant paid 3s into Court, but did not appear to defend his case. The plaintiff gave rather a confused account of the agreement, -which ultimately was stated to be at the rate of L 45 per annum, to be paid monthly. Judgment for the plaintiff by default for the amount, with costs. Moss v. By ford, —L 6 Ids (id, the amount of a promissory note. Judgment by default for the plaintiff for the amount, with costs. Bacon and Sons v. M‘William. —LS for half-damage to a buggy and harness, From the evidence of the plaintiff it appeared that the defendant and another named Park hired a buggy and horse ; an accident occurred through which the buggy was broken, the lamps and dashboard smashed, and the harness broken, and when sent for, the horse was tied to a dray at Cadzou’s, Anderson’s Bay. The plaintiff was sued for half the damage, Park having paid his half. From the evidence of Ross, manager of the stables of Bacon and Sons, it appeared that Park and M’William together hired the trap which M‘William fetched. The hire was 255. M ‘William’s brother, in the evening, called to say that the buggy had been upset by a baker’s cart running into it. In crossexamination by Mr Stout, he could not say who hired the buggy. The hire was charged to the “young man at Jack the baker’s,” in an after entry explained to be M ‘William. For the defence, Mr Stout said that the buggy should have been charged to Park; that M‘William never took any part in the arrangement.— M‘William in his evidence said he accompanied Park to Bacon’s, as Park was about to be married, and wanted a machine. He took no partin the arrangement, and did not consider himself liable.—John Robertson was called, and said he heard M'William asked if the person who Hired, the trap had paid for it.—His Worship said that Park having attempted to shift the responsibility on to another’s shoulders was a shabby thing, and be ought to pay the whole damage. Judgment for the defendant. P ai y v. Alex. M‘Donald.—Claim for LK), mr trespass, and annoying rabbits and other animals. —Mr Stout for the plaintiff, Mr Wilson for the defendant.—Plaintiff said that defendant shot rabbits on his property on Good Friday, though previously warned not to do so. He had never given defendant permission to shoot rabbits on his property. —Defendant said that some three or four mouths ago he was out with Alex. Weir and M. Dry den on Beatty’s ground, and Beatty told him that he could come down any time be liked and shoot the rabbits. The agreement was not countermanded till Good Friday.—Daniel Weir and Michael Dryde i both stated that when with defendant some three months ago, plaintiff gave the defendant permission to shoot the rabbits, and an invitation to bring others with him.—His Worship said the evidence was in favor of the view taken by defendant, and gave judgment for defendant, with costs, Beatty v. Dryden.—A claim of LlO, a similar case to the last. In this case a witness named Inglis said that defendant had threaten' d to put the plaintiff in a creek, and had it not been for his (witness’s) interfering, he believed the threat would have been carried out —Alex, M‘Donald deposed that Beatty had given him permission to bring a friend with him, and that the present defendant was a friend. It appeared that two other persons also accompanied M‘Donald at the same time. His Wor ship said the conversation showed that M‘Donald was entitled to bring a friend, and the question was whether the present defendant, or Hood and Simpson, the other two who accompanied Dryden on Good Friday, was the friend. He would regard the present defendant as the trespasser, and give judgment for the plaintiff in the sum of 20s and costs.