RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 3607, 14 September 1874, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, September 14. (Before J. Bathgate, Esq., E.M.) Drunkenness. Thomas Collie, Betty Crawford, and John Robertson, charged with this offence, were let off with a caution ; GeorgO Williams was ‘fined ids, with the Option of three days’ imprisonment, l and Alary O’Leary, 20s, or fourteen days. Threatening Behaviour.— John Parker was charged, on the information pf Constable Emerson, with using threatening behaviour in George afreet, on September 13, whereby a breach of the peaqe was occasioned. Prisoner had struck another man. He was bound | over to keep the peace for six: months*, on his own recognisance, in tho sum of Lift.—His Worship said that prisoner had already been before him for assaulting the police, and* if brought up within tho next six months, he would forfeit his bail, so that he would need to be yery cautious. OIVIL CASES. J.T. Macke, S. 8. Hutchison.—Claim LGS, for goods supplied;— Judgment was given by default for the am,punt claimed, with costs. Brenchley v. Wood.—Claim, L 3, for metal broken. Judgment for plaintiff, with costs, Fowler v. Grant.—This was a fraud summons, and Mr Dalrymple, commission agent, appeared for plaintiff.—His Worship : I don’t' dee why a professional man should not act in this case.—Mr Dalrymple said the Act gave an agent power to appear, and he was acting as an agent.—His Worship replied that the case would be adjourned for a fort*

«ivbt, as there was some change in the law with r gird to imprisonment for debt. He was not sure whether s >ne of the clauses were not altered. —in an->w r to the Bench, Mr Stout said that he only knew the Bill had done away with imprisonimnt for debt H's Worship would not run the risk of . iving a decision till a copy ef the Act was receive I, a> his decision might be illegal. The case would be adjourned for fourteen days. The Act said that under special circumstances the Court might allow an agent to appear; but otherwise a urof.-ssional should act.—Mr Dalryrnple pointel ont that the amount was too trifling to employ a lawyer. —His Worship : But yon, as a quasi-pr-feSMonal man, cannot be expected lo appear here without being paid.—Mr Dallytuple : Oh, no. His Worship could not see why a prof visional gentleman should not be emp.oyed unless there were some particular reasons. The Act proviled that a party should app ar personally or by a barrister or solicitor of the Supreme Court. An age.it might act with the of the Court, but such agent should not be allowed to rceive any fjc or reward,— vlr Dalryrnple: 1 have received no reward or fee so far. His Worship: But you expect to be paid. If there was no solicitor or professional man I might be inclined to stretch a point. But with an able bar line we have there is no necessity for an agent to appear. uiess in very special cii cmnstances I will not all.w any other than a professional man to appear. ihomas Carr v. the Bank of iNew Zealand. Claim LSO, as damages sustained through the defendants failing to fulfll an engagement with plaintiff - viz , that he should be employed as clerk in the Bank of New Ze.luud. Plaintiff’s case was that he had been a clerk in several banks in Sydney and other parts of Australia, and that he arrived in Christcuurch from the first-men-tioned place a short time ago. He brought over several letters of introduction and character with him, and amongst others was introduced to the Manager of the Bank of New Zealand there, and asked him for employment. He also savy Mr Murdoch, general inspector of the Bank, and that gen f tie man agreed to appoint him as a clerk. In consequence of this he refused one or two off rs in Chris .church; and ha afterwards spoke lo Mr Uoherts, who succeeded Mr Beal as manager of the Duaediu branch, as to locating him in some place He same lo Dunedin, understanding that he would be appointed here, but had been refused a position.—Mr Macassey submitted that, supposing any contract bad been made between the bank and pla ntiff, it was made at Christchurch, and was to have been fulfilled in Hokitika —therefore the matter was beyond the jurisdiction of the Court. Ihe bank beiug a corporation, no contract was binding unless under seal. Again, assuming there was a contract, what was the nature of it ? iNo wages weredt termiu.d, nor was the office or the length of service ment oued. Besides this, plaintiff had not been in the employ of the batik —His Worship said that certainly there had been communications between plaintiff and the officers of the bank at ohrislchnrch, but he could not believe on plaintiff’s unsubstantiated evidence that he bad been definitely employed. Plaintiff was nonsuited, but without costs.

Edmund, Forsyth, and M‘Neill v. Captain vVhite, of the Hindostan.—Claim L 23 ss, for loss susiaiued through certain goods bsing extracted from a case of merchandise. Mr Haggitt for plaintiffs, Mr Macas3>-y for d feudaut.—Mr Haggitt, iu stating the case, said that a case of plated ware had been shipped per Hindostaa by Mts-srs James 'i'Eweu am) Sons, London, to plaintiffs. In the bill of lading the goods were marked, aid the merchandise measurement. When the case was opened at the railway shed, in the presence of the Custom House officer, two railway officials, two persons present on behalf of the defend ants, and Captain White, it was found to contain, instead of the plated ware, second-hapd bricks, which had been veiy cartfally packed iu the box, Oa more careful examination, it showed that the box had been opened recently, old nails having bceu used, aud the box opened at the b.iltom instead of at the top. Tne way that defendant was connected with the abstraction was chat when the matter was brought under his notice he said, “ This has been done on my <ihip, aud these are my galley bricks.” The Hindustan br ought out immigrants, fo r whom an extra galley ha]J. to be built, aud when obey wpre discharged tl) e galleypulled down, and the bricks in the box were recognised by Captain White as part of those used iu the galley.—The case for the di fence was bring proceeded with at half-past four.