RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 4227, 13 September 1876, Page 2

RESIDENT MAGISTRATE’S COURT.

J Wednesday, September 13. *1 (Before T. A. Mansford, Esq., R.M.)

Christie v. M'Earlane and others.—ln this c ise, which was a claim of LSO for trespass, his Worship delivered judgment, the material part of which was that the defendants, in addition to a meritorious defence, raise the justification that they claimed a right of way across the plaintiff s land, and produced reasonable evidence to show that the plaintiff had entered into an arrangement with the Superintendent to exchange that portion of his land upon which the alleged trespass was committed for another piece of laud, for the express purpose of a road being made, and further that a Bill had been introduced into the General Assembly to give effect to the exchange. As the title to an incorporeal hereditament. was in dispute here, his Worship was of opinion that, eiven without such a plea being raised, he could not take further cognisance of the action. He therefore could make no order as to costs.

Sophia Noble v. William Warreu was a claim /or LlO for board and lodging. From the evidence it appeared that in May, 1873, Mrs Amue Warren, then Mrs Anne Garside, widow, went to the house of the plaintiff, who, in her evidence, said the name of either Sophia Noble or Mrs Fopham belonged to her, and remained there for ten weeks, when Warren married her. The plaintiff alleged that.she took Mrs Garside, who had lost her husband the day before, into her house, out of motives of Christianity, while Mrs Warren declared that she had accepted the shelter of the other’s house, because she claimed to be : her friend. The plea of infancy had been set up, because, as Mr Bathgate, defendant’s counsel, pntit, the claim was a “shabby’? one ; and, incidentally, his Worship raised the question whether a widow could be considered an infant. Mrs Warren’s father was .put in the box, and he said his daughter was “rising” twenty-two now.—For the defence, evidence was given that when Mrs Garside married Warren in July, 1873, from Mrs Noble’s house, he asked Fopham if his wife was due him anything for board, to which a negative reply was made, Mrs Noble, who was present, remaining silent. The claim now made was first heard of a couple of months ago.—His Worship, in intimating that he would deliver judgment next week, said he was strongly inclined to give judgment at once in defendant’s favor.