RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 3535, 22 June 1874, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, June 22. (Before J. Bathgate, Esq., R.M.) Drunkenness. —James Campbell, Stephen Toomey, and Edwin Harris were severally fined 5a each, or twenty-four hours ; John Merrie, Cornelius Murphy, George Williams, and George Murray, 6s, or forty-eight hours: and James Neilson, 20a, or seven days. CIVIL CASKS. Kelly v. Stewart. l —Claim Ll 16s, for three days’ wages as cook and steward on board the Craighellaohie, and L 5 damages for an assauJt.~-Mf Mouat, who defended, said that bis client was hob indebted for wages, and pleaded Justification for the assault, plaintiff having made a disturbance in the cabin, and refused to leave it when ordered iso to do.— His Worship gave judgment under the first count for 14s, and under the j second for Ll. i M‘Culloch v, Wyunford.—Claim Ll 15a, ■' for five weeks’ rent ef a cottage, at 7s per 1 week. Defendant paid Ll 5s into Court, and disputed the balance. Judgment was given for Ll 11s, with costs. O’Connor v. Small.—This was a claim for Ll3 ss, for the illegal detention of goods.— Mr Mouat for plaintiff; Mr Barton for defendant, who denied that the things were detained by him. Besides, plaintiff was now going through’the Bankruptcy Court, which disqualified him from suing.—Mr > Mpuat pointed out that it was clear that the Trustee in Bankruptcy could not sue ; who then was entitled to do so? If the bankrupt could not, any wrongdoer might hold bankrupt s goods, and prevent him from suing. A bankrupt might even sue his trustee. His contention was that wearing apparel did not vest. With regard to the gun (which formed part of the claim), the trustee had passed it as being a tool of bankrupt’s trade he being a marksman—Mr Barton replied at length, and argued that the Colonial au J. Acts wer© quite different. - His Worship decided to hear the whole case before giving ‘an opinion en the P ,' .-IV 1 ® evidence went to show that plaintiff had been a lodger with defendant, and the clothes had been left with the latter. There was also some money owing bv slaintiff for board. —Plaintiff was nonsuited Herbert, Haynes and Co. v. Macmillan, captain of the ship Asia—Claim L 3 17s 6d, shoit delivery in a case containing goods— Hi® y orship held that the evidence was insufficient to make the captain liable, and dismissed the case. •Scott v. Collins.—Claim L2, for carriage hire.—Judgment was given by consent, with costs.