RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3584, 18 August 1874, Page 2

RESIDENT MAGISTRATE’S COURT.

Tuesday, August 18. (Before J. Bathgate, Esq., R.M.) Drunkenness. William Mahoue and John Cooney were discharged with a caution. Theft.— William Bartlett, charged with stealing four castors, of the value of 10s, from tfee shop of Messrs North and peculiar, was dismissed, there being some deubt as to the theft,—Mr stout defended. CIVIL New Zealand shipping Company (Limited) v, Houghton and Co.—An action for demurrage to recover LIOO compensation for unreasonable delay of the ship Roslyn Castle, occasioned through defendants, who were consignees of 1,868 iron rails by that vessel, refusmg to accept delivery of the same Mr Mams for plaintiff, Mr Smith for defendants.—Legal points were raised that as in this action, the original contract not having been between the plaintiff's and defendants, sorpe proof was necessary (1), of the incorporation of the company, and (2) of tho company’s right to sue.—His Worship decided that sufficieut proof on these points had not been adduced. Under the first pomt a certificate of incorporation from the Registrar, obtainable for five shillings, should have been produced ; under the second, a verbal statement by the -master that the plaintiffs are the charterers was not sufficient. It was to be observed that as the freight was paid in London it was not necessary to incur loss of time in waiting for payment.—Plaintiffs were non-suited. [Left sitting.]