MAGISTRATES’ COURTS.

Globe, Volume XXII, Issue 2065, 6 October 1880, Page 3

MAGISTRATES’ COURTS.

CHRISTCHURCH. Tuesday, Ocxobeb 5. [Before G. L. Hellish, Esq., B.M.] Civil Oases. —Campbell v Kelly, £-1 17s, surgeon’s fees. Mr Joyce appeared for defendant, who is an Oddfellow, a member of the Uxbridge Lodge, Burton-on-Trent, but who, by the rules of the order, and the payment of certain fees, is a foreign member of the City of Christchurch Lodge, and is entitled to medical attendance when sick. It appears that this latter lodge have two doctors, of whom Dr. Campbell is one, between whom the members are divided. In case of sickness the doctor on whoso hooks the name of any member is registered, is bound to attend that member, for which service he is paid by the lodge. Kelly broke his leg, and sent for Dr Campbell, who attended him till recovery. Kelly’s name did not appear on the book kept by Dr. Campbell, who on ceasing to attend him, sent in his account as to any other outside patient, believing, as he says, that ho was rendering the service to Kelly himself and not in fulfilment of his contract as Lodge surgeon. Kelly refused to pay, claiming his right to attendance gratis under the rules of the order. The secretary of tho Lodge, called on behalf of the doctor, proved that a certain amount of negligence had been shown by defendant in not making himself acquainted with the name of the doctor on whose hooks ho stood, but tho Bench held that the society was bound to pay doctor’s fees in the case. The doctor belonged to the Lodge, and knew of tho privileges claimed by its members. If there had been any irregularity in Kelly’s calling him in he should have been put right by tho doctor or tho secretary of tho Lodge, who would now be left to settle tho matter between thorn. Judgment for defendant with costs. Campbell v Butterfield, jun., for £5 2a 6d for medical attendance. Defendant pleaded infancy. Remarking on the evidence, which disclosed certain immorality on tho part of tho defendant, the Magistrate said the plea was an attempt to evade the payment of a Just debt, which the ciroumstanceo of the case rendered peculiarly disgraceful. [The Court here adjourned for an hour, having to attend at the Supreme Court.] On resuming, Defendant gave his consent to judgment, which was entered up for the plaintiff, with costs, the amount to be paid in weekly instalments of ss. Campbell v Holes, £1 17s, for medical attendance. Judgment for plaintiff for £1 and costs. Jeffrey v Eooles, £ls, amount of a bill drawn by one Pearce, which was dishonored, Eocles being the endorser. Mr Scott appeared for plaintiff. Mr Salter for defendant. Defendant pleaded that notice of dishonor did not reach him till five days after that took place, and that the lo al time for notice being thus exceeded, he was discharged from liability, Plaintiff proved that the delay was caused by the miscarriage of a letter in the post-ofilce, and his counsel quoted authorities showing that where due diligence has been used, the giver of such notice is not to be held responsible for accidental delays. Judgment for plaintiff with costs. Trustees of B. and W. Robinson v Oassitn, £l3 10s 3d, for goods supplied to Cassim and Co. Mr Spackman for plaintiff, Mr Izard for defendant. Defendant had’boen employed on a ploughing contract with one Jackson, and they were camped together. Stores had been supplied to the camp and charged to Cassim and Co. Jackson, who was alleged to be the Co., is not to be found, and Cassim was now sued for the amount. Defendant denied the partnership and stated that he had never authorised anyone to get the goods in his name. After a hearing which was greatly prolonged by tho equivocation of the defendant. His Worship decided that the partnership had not been proved, but as having had his share of the goods defendant was entitled to pay his share of their cost. Judgment for plaintiffs for £5 16s, with costs. Ivy v Kew, £ll 8s lid for timber supplied. Judgment for plaintiff for £8 8s 4d. City Council v Ruddenklau, 19s 3d, and same v Shaw, 6s 6i scavengering fees. Judgment for plaintiffs in both cases with costs. Judgment went by default in Nathan v Enlbrook, £3 5s ; Latter v 41 ilne, 10s lOd ; same y Walters, 17s 2d; same v Greer, £2 7s lid ; same v Hawkce, 6s 8d ; Wagner v Wilson, £1 2a 6d; Haskins v Holland, £l3 13s ; City Council v Deacon, 19s 6d j same v Ormandy, £1 Is; same v Holland, 13s. Hill v Cochrane, Hosking v Palmer, Coker v Mackay, Brown y Wilson, Sheath v Mills, McDonald v Bowden, and City Council v Murphy, were adjourned till October 12th.

LYTTELTON. Wednesday, Octobeb 6. [Before J. Beswiok, Esq., R.M., and J. Ollivier, Eeq., J.P.] Laeoeny. —D. A. Crawford was charged ■with stealing 5s from the till of the Royal Hotel. Mr H. N. Nalder appeared for the prisoner, and pointed out to the Bench that the accused had been punished for an offence which it was supposed would have been brought into the charge now made. On the suggestion of the Bench, counsel accepted a plea of “ Guilty,” prisoner to be thrown on the mercy of the Court. Mr Nalder said the prosecutor, Mr Keane, had no desire to press the charge. The Bench thereupon discharged the prisoner. The Assaulted Lumprb. —James Wade was charged with violently assaulting Stephen South on the 2nd current. Mr J, Joyce appeared for the defendant. The complainant said he was going for vegetables, and defendant accosted him and called him a crawler had a scrubber. Afterwards met McCarty, who assaulted witness, throwing him down. While down Wade jumped upon him. Witness worked for Messrs Talbot and McOlatohio. Ho went in for them on the strike, since which the strikers had persecuted him. He had a wife and family to support. In crossexamination, witness swore ho did not take defendant by the coat before ho was struck by him, nor was ho intoxicated at the time. Benjamin Foulds called, said it was Wade went first into the vegetable shop, and the complainant followed. Outside ho saw McCarty following Wade up. John Wilson corroborated this evidence. He also hoard the sound of a blow, end subsequently saw the complainant running down the street. The defendant denied interfering with complainant. That the latter followed him into Cook’s shop, and persisted in threatening him. On going out of the shop McCarty and the complainant went off the sidewalk together, and witness seeing them down on the ground, with McCarty underneath, pushed the complainant off him. Witness left Messrs McClatchio’s service on account of the strike. R. Cook, shopkeeper, said ho remembered the complainant saying “ Put on your coat and go home.” Thomas IWishart, called, said he knew the complainant as “Taranaki Jack.” [Left sitting.]