RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 4290, 25 November 1876, Page 2

RESIDENT MAGISTRATE'S COURT.

Friday, November 24. (Before J. Bathgate, Esq., R.M.) Reid v. Douglas.—His Worship gave judgment herein as follows :—"ln this caße the order of the Supreme Court is 'that the appeal from the decision of the said Resident Magistrate be allowed, and that the said decision be reversed.' The decision in this Court was in favor of the plaintiff Reid, and as this judgment is now reversed, the plaintiff having been refused in the Supreme Court leave to appeal further, he has moved that he be allowed to take a nonsuit There is ne doubt that in the ordinary procedure a plaintiff may take a nonsuit at any moment before the delivery of the judgment or verdict. It is quite common for a plaintiff when he perceives from the magistrate's remarks, in stating the grounds of his decision, that he is adverse to the claim, to eleot to take a nonsuit at the very last moment before judgment ia fully pronounced. This right in the plaintiff is just and equitable, as he may be able by additional evidence to bring forward a stronger case afterwards. The nonsuit is only allowed on payment of the defendant's costs, so that no injustice is done to him. But although there may be a hardship in the present oase in refusing the plantiff*, motion fo* a nonsuit, I am of opinion that, in terms of the order, I have no alternative. The formula is not as is used iu sbmfc eases (Puree 1 )! v.

,S* l 2Sr is no.reniit ; th« ^ ^w s**®. Act, 1867; season 100, rtgwis 1b» ( ?®fPt!f of Supreme Courtis iminamit i *2 Magistrate a * iTembrandum ot eculon # tne Supreme <Jourfe,.? and such berhad Ihereugoh as if had fe&n given by such Resident Magistrate.' 1-am of opinion that the word decision,' in section 100, is synonymous with the word 'judgment,' and that whenever a decision has been given in tbe Supreme Court it Las the same effect as if it V ou rt., The words ' such proceedings shall be had thereupon' apply to further proceeding by way of execution, and do not, in my opinion, oonfeifeany authority on the magis- - trate to enrol the case anew in order to pionomnce judgment in confoi raity with the decision in the Supreme Court. The reversal of tke decision in the Supreme Court is a judgment in favor ef the defendant, with which I have no power to interfere; and judgment thus -been delivered, I hare no, further jurisdiction in the matter except to issue execution. The procedure under the Resident Magistrate's Act is jireoisely analogous to that required in the Supreme Court by the Court of Appeal Ait, 1862, section 30, which bears: 'The Courts of Appeal shajl give such judgment as ought to have been, given in the Supreme Courfc and all such further proceedings may be taken thereupon as if the judgment had been given in the said Supreme Court.' The subsequent proceedings are to follow the judgment of the Court of Appeal, , which does not require to be delivered anew' in the Court P e *W» JiM* in the same manner as proceedjnckmay follow in the Resident Magistrate's Court upon a decision of the Supreme Court in an appeal. The motion fer nonsuit will therefore be refused."

Frederick Win. Hoffman v. Robert Lambert- -Claim, 13 5s for rent. Judgment by default, with costsj . '

Charles Macphersori ▼. W. M. M'Gnire Claim, L 9 15s, for, ten weeks' board and !oWg.--Judgment by default with coats. \J: M'Cosh Clark and others v» Hogg and HuttoEu—Claim, L13, f |58, value of a plateglass window alleged to have been broken during the tenancy of defendants. Mr Kettle appeared for plaintiffs; Mr Denniston for defendants.—AlexanderHaig deposed that the window was broken: dants were occupiers of the building.— Andrew Lees testified to having repaired the window. As one of the witnesses for the prosecution did not appear when called, the oase was adjourned till the afternoon. A. and T. Burt v. J. M. Cavarly.—Claim, L 6 16s, for work done. Mr Denniston, for plaintiffs, saHd that defendant was master of the City of New York, and promised to pay the amount on a oertain date, but when the day came he disputed the debt and his ship sailed.—Judgment by default with oosts.