RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 3736, 12 February 1875, Page 2

RESIDENT MAGISTRATE'S COURT.

Friday, February 12. {Before J. Bathgate, Esq., R.M,) Drunkenness. —Sarah Murphy was discharged with a caution; Robert Taylor was fined ss, in default forty-eight hours’ imprisonment. Robbery from a Dwelling house.— Walter James Shea was charged, on the information of L/harles Sidnner with stealing from his dwel-ling-house, on or about December 6, certain property of the value of 12s.—Prisoner was discharged with a caution. Obscene Language and Assault.— John Heggarty was charged with using obscene language on the Main South road, on February 11 —Defendant was fined L2 and costs.—He was further charged with assaulting Constable Vernon on the same day.—Complainant said that prisoner was using obscene language on the Mam South road yesterday afternoon, and, brandishing a small penknife about, said “ He would out the _ out of any who came near nun. Witness tried to arrest prisoner, who attempted to stab him with a knife. He succeeded in putting the knife through witness’s jumper, vest, and brace, and slightly scratched his arm. Witness, with the assistance of another constable, succeeded in locking up prisoner. Constable Banfford gave corroberative evidence.—Prisoner asked for a remand to enable him to get the attendance of witnesses, promising to bring everyone living between here and Green Island.—The case was remanded till Tuesday next.

CIVIL OABEJO. Hawtrie v. Thompson.—Plaintiff bad sought to recover from defendant, master of the ship bophia Joachim Ll7 10s, as damage sustained by himself through being short provisioned on the passage from London. After hearing the evidence, his Worship gave judgment for LlO and costs, and Mr .Hams, for,the defence, ashed for leave to appeal—His Worship now said that he had coma to the conclusion to refuse .the apphcalion. In doing so. he stated it was admitted that a wrong had been done to this passpnger and his family, who did nqt get full provisions ; and the ship being under the charge of the captain, he,must hold the captain responsible. . Seeing that the wrong had been adnutted, he did pot think it a case which would justify him in allowing a powerful company to fight against apoor immigrant. The,only point at dispute was the amount, and that be had fixed most reasonably. The appeal would not be allowed. Athow v. Sinclair (master of the tug Geelong)—His Worship, « in giving judgment herein, stated: In this case plaintiff has faffed to prove that the grounding of his vessel was caused by any neglect or mismanagement of the Steamer employed in towing. The evidence of the pilot distinctly proved that the grounding was owing to the draught of the Speedwell and want of depth of water in the: then state of the tide, and that the steamer' which vtas under his control was not to blame. The defehdaht is not responsible for the loss of the half-hour at Port Chalmers, which would probably have given the advantage of a higher state of the tide to the vessel. The ordinary, doctrine, that want of ability to perform a contract is no defence to an action for breach of contract, is not applicable strictly to a ease of towage. A contract to tow is not a warranty to tow to destination, but an engagement to use best endeavors and competent skill for,that purpose with a vessel properly equipped. If circumstances not the result of default on the pact of the tug render the performance of Ithe'stipulated service impossible, the obligation is tei> initiated. The present action rests on the allegation of negligence, carles -ness, and want of skill on the part of the defendant. This not being supported by evidence, the action must fail. Judgement will therefore be for the .defendant, with costs. ■- , Gill y. M‘Loan. —Defendant, master of the 5.8., &lbmn, was sued- lor loss, of a. package and contents entrusted. to held defendant liable, and gave judgment for L 26 18s fld, with (costs.- Mr Harris gave notice of appeal.