RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 4101, 19 April 1876, Page 3

RESIDENT MAGISTRATE'S COURT.

Wednesday, April 19. (Before T. A, Mausford, Esq.# R.M.)

W. G. Geddes v. T. Cotterill.—Claim, L 8 I2s 6d, for funeral expenses. Defendant admitted the debt, but thought he should not have been brought into Court, as plaintiff had agred to wait until defendant could ob tain money from a Friendly Society in England.—Plaintiff said plenty of time bad elapsed for defendant to have heard from Home, where the Friendly Societies were very prompt in their payments.—Judgment was given for plaintiff for the amount claimed, with costs.

R. Wilson and Co. v. Carey.—Claim, L 53 4s 3d, for dishonored acceptance and interest thereon. Mr Mouat appeared for plaintiffs; Mr Stamper, jun., for defendant.—lt appeared that defendant had gone through the Bankruptcy Court, and received his discharge after his certificate had been suspended for six months.—His Worship gave judgment for defendant, without costs. Neave v. Hildreth.—Claim, 6s 6d, for an 1.0. U. This was a trumpery case between two marine store-keepers about some pickle bottles, and after a good deal of evidence had been heard, judgment was given for plaintiff for the amount claimed, with costs. Geddes v. T. J. Kavanagh. Claim, Ll9 6s fid, balance of account due for funeral ex penses. Plaintiff had omitted to give defendant credit for LI recently paid, and on this being deducted defendant admitted the claim, and judgment was given accordingly. Jenkins v, Pryor.—Claim L 7 12s fid, balance of account due for furniture supplied. Mr Mouat appeared for plaintiff, for whom judgment was given, with costs ; defendant to pay the amount in weekly instalments of 10s each, or go to prison for thirty days.

Watson and Gow v. Christie.—Claim L 5 9s, for work done. Defendant said that he had paid the amount two years ago, and saw plaintiff then draw his pen through the amount in his account book and write “ paid ” against it.—Plaintiff produced his books, in which the entries appeared with no mark against them.—His Worship adjourned the case for a week, to allow plaintiff's day book to be inspected. Judgment was given for plaintiffs by default in the following cases:—Samson v, Barrington, claim 12s, for coal supplied; W. G. Geddes v. Moorhouse, L 4 17s fid, for funeral expenses; same v. Thompson, L 3 12s fid ; Taylor v. Beasley, LI 4s, for work done ; Wilson v. Hills, L 47, for dishonored acceptance; Gillies and Street v. White (Winton), Ll2 9s, for money paid by plaintiffs on account of defendant, with commission and interest.

(Before JohnJßathgate, Esq., R.M.) Breach of the Merchant Spiffing Act. This case was adjourned from last week, in which the plaintiff Antonio Francovitch, seaman of the barque Lizzie, sued Stephen Hillon, master of the said barque for reducing the stores on the passage over from Boston. Mr Maccasey for plaintiff, and Mr Denniston for defendant.—After Mr Denniston had addressed the Court at some length he called Earnest Barron Grant, who deposed that he was a passenger by the barque Lizzie, from Boston. Hia evidence went to show that there was no scarcity of provisions on the voyage. Witness wieghed out the provisions himself and could swear that there was a waste of provisions . on board by the cook. Stephen Hillon, master of the barque, deposed he put the seamen on the usual scale allowance. No complaints were made

until they commenced weighing the provisions. Witness never told those that complained that he would “break their heads,” or threatened them in any way. This action would never have been brought but for the chief mate and Mr Joyce.—Cross-examined : Witness’s name appeared on the papers as owner, hut he was really only master and manager for the real owners, who were absent at the time the barque sailed from America. Witness was not interested in saving every shilling he could, save in so far as an honest manager would do. There was about I,ooolb of flour on board the ship at the time of sailing. This on a passage of 200 days would give about 51bs of flour a day for the whole .ship ; but in addition thoro was a supply of biscuits, amounting to 3001 be, put on board at Boston. While witness was ill there were three complaints made about provisions, but Antonio denied that he had ever made any complaints, and rebuked the steward for having done so. If witness had been well there would have been no complaints made ; when ho was ill the chief mate could not look after the provisions. There were eight persons in all on board the ship. [Lef v sitting.]