MAGISTRATES’ COURTS.

Globe, Volume XXII, Issue 2059, 29 September 1880, Page 3

MAGISTRATES’ COURTS.

LYTTELTON. Wednesday, September 29. [Before Joseph Beswicb, Esq, R.M.] Lunacy prom Drink. —Harry Uhl, on remand from Amberley, was brought up cured, and discharged with a caution. Breach of Borough By-laws— -J. J. Walters was charged with laying water services without having a license so to do. Mr Nalder appeared to prosecute on behalf of the Borough Council, and said he did not wish to press the charge, as the case was merely brought as a caution to others not to interfere with the water service without proper authority. The defendant admitted the charge, but pleaded ignorance of the by-law. The Bench ordered defendant to pay solicitor's fee and costs, and dismissed the case. Civil Cases. —Bowden v Parkinson, claim £6 Is 3d, balance of account. This was a claim for goods sold. Mr Nalder for defendant, admitted receiving the goods, but pleaded that the amount was to go to plaintiff’s credit for rent due to defendant’s father, Mr T. H. Parkinson. Judgment was given for defendant, with costs. Bain v Langtmm, claim £llßs Sd. Judgment for amount and costs. CHRIST CHURCH. Tuesday, September 28. [Before G. L. Hellish, E<q., E.M.] Civil* Oases. —Wilkin v Miller, £8 16s, surgeon’s professional fee, Mr Joyce for plaintiff. Mr Salter for defendant. Plaintiff waa sent for in an emergency to attend the defendant’s child, who had been gored by a bull. Ho found the patient with his collar bone broken, and his throat lacerated in such

a manner as to leave the windpipe and sinews near the neck bare. Plaintiff reduced the fractured bone, and re wed up the wound in the throat, putting in eleven sutures. He afterwards attended the boy at the request of defendant in ten visits. Ho presented his account at his last visit, when defendant promised to pay it shortly, but had not yet done ao. His charges were, for operations at first visit, £3 3i, and at about the rate of 10s Gd for each succeeding visit. His cab biro to and from the residence of the patient would be 5s each time. The charges were rather less than as laid down in the scale of fees adopted by the older medical practitioners of Christchurch, Dr. Prim) deposed to plaintiff's charges being fair and reasonable. After Mr Joyce had closed the case for plaintiff, Mr Salter applied for a nonsuit, on the ground that no evidence bad been brought to show that Dr. Wilkin had been registered here under the’ Medical Practitioners Act, he consequently could not sue for fees for services rendered. His Worship said the objection was fatal. Dr. Wilkin “ I am registered in New Zealand.” His Worehip wont on to say there was no evidence of it before the Court. Plaintiff nonsuited with coats. Trustees in the bankrupt estate of W. and B. Robinson t Oassim. £ls Is 9d. Defendant bad tendered £5 Is 9i in satisfaction c£ the claim. At a former hearing defendant pleaded having paid £lO, and now produced proof of the Sot. Judgment for plaintiff for the amount

ondered, plaintiff to pay costs, Dtriple V rhotnpeon, £6 la 5s for moat supplied. Evidence taken at Auckland, together with that of a witness called by plaintiff, showed that the wrong person had been sued. Plaintiff nonsuited. Parker v Bone, £2O, commission for procuring the sale of a properly. Mr Salter for plaintiff, Mr Thomas for defendant. Plaintiff’s cose was that he had been instructed to sell a house and one acre of land in Gloucester street lor £I4OO, By his means a person was introduced to de-

fendant and a portion of the property was sold for £4OO. The claim was 5 per cent, on that sum, being according to the scale of charges approved by the Chamber of Commerce. For the defence evidence was produoed which shewed, the Bench said, that

any bargain made betwf en too parties was about the sale of the whole property, and did not apply to the sale really effected, which wai done by the defendant himself. Judgment for defendant with costs. Pratt v Pengelly, £6, for four weeks’ rent. £1 la 91 had been paid into Court, Defendant rented a shop from plaintiff for twelve months, paying taxes. At the expiration of that time he notified his intention of leaving before the end of another like term, and at the end of nine months gave up his to another person, with the consent of plaintiff.; During the nine months he had been levied on and paid tuxes for that current year. |He then wanted to deduct from the balance of rent owing to the landlord the proportion of taxes, £1 18a 31, for the three months, during which ho had not-occupied the promises. The plaintiff refused Jto allow him this proportion of taxes, and hence the present action. The magistrate said that, having continued his tenancy his first agreement was in force throughout, and the landlord could not bo called upon to pay the taxes.

The person who occupied after defendant was equitably liable, but it was doubtful if_ the amount could be recovered from him in a court of law. Defendant should have taken care to have made it right before giving up possession. Judgment for plaintiff for full amount with costs. Judgment went for plaintiffs by default in City Council v Benn, 6s 6d ; same v Brandon, 13s; Montgomery and Co. v Laurie, £2 3s ; Puraley v Washer, £3 17s 6d; Campbell v Moes, £7 11s ; same v James, £7 15s 61 ; Kerr v hllis, £3 5s ; Grant y Walker, £3 10s; and Mann v Daldy, £1 Ids. On a judgment summons, Soaking v Gilchrist, defendant was ordered to pay the amount in weekly instalments of 10s. Judgment for plaintiff was given by consent in Whitter v Delaney, for £5 la 93, to bo paid at the rate of 30s per month ; Berry v Hack, trustees in Morrison's estate v Bowden, Campbell v Holes, and same v Butterfield, were adjourned till October 5-h.