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MAGISTRATES' COURTS.

OHRISTCHURCH. Thttbsday, Fbbrt/aby 3.

Civil Oman —Willii) v Suckling, £5 61 3d, for ground rant. By arrangement judgment was allowed to go for plaintiff for the amount claimed. Hubbard v O'Malley, claim £3 3a, for preparing plans for the building of a nixroomed cottage; Mr Joyce appeared for Elaintiff. The evidence showed that plaintiff ad been instructed to prepare the plans, bnt after having done some work therein defendant had declined to proceed. The amount claimed was for the work done. Defendant pleaded that no such instructions had been given, but a witness for plaintiff stated that the directions had been given in bis presence. Judgment for plaintiff for full amount with ooata, solicitor's fee, and expenses of one witness. McDonald v Jenkins, £l9 16» 8d ; Mr Joyce appeared for plaintiff, Mr Nalder for defendant. Plaintiff, articled as A.B. in the Elizabeth Curie, a vessel belonging to defondant, had been, with two other seamen belonging to the vessel, in oharge of a boat, which by some means was stove in. Defendant, when the term of service expired, wanted to deduct from plaintiff his pro rata ■hare of the expense defendant had been put to in consequence of the loss of the boat, and offered him his wages reduced by that amount. Plaintiff refused that settlement, and brought the present action. Defendant applied for an adjournment for three weeks for the attendance of the captain of the vessel, which had sailed for Pioton, The application was leMsted hy Mr Joyce on the ground that the case might, with ordinary care, have been brought on while the vcssol was in port. Mr Nulder offered, on the part of defendant, to pay all that was duo to plaintiff less what was claimed by his client. The Bench thought that would hardly be fair to plaintiff and hiß mates, whose cases hung on this action. They would be kept waiting about for three weeks not only out of employment but at expenses of their keep for that time. The merits of the owner's defence certainly could not be gone into without the presence of the captain of the vessel, but as reasonable diligence appeared to have been used by plaintiff in bunging bis suit, judgment must go for him unless some arrangement agreeable to both parties could bo come to. After long argument, terms were settled by judgment for plaintiff for full amount with cos's. The amount claimed by defendant as f art cost by loss of boat, £6 10s, to be impounded by the CoU't. The defendant |to be at liberty to sue plaintiff for that amount within three weeks. If, at the expiration of a month, a judgment had been given in favor of present plaintiff, or if defendant had neglected to sue, the money impounded to be handed to plaintiff. The decision ruled the two other oases. Judgment was given for plaintiff in Nioholson v Burnley, £3 16s. Judgment went by default for plaintiffs in Jolnson v Buckley, £2 5a ; City Oounoil v Wykes, 6s 6d ; same v Jones, 6s 6d; some v Taylor, 10j GJ ; Brooks v Sexton, 16j 6! ; Hamilton v Wilson, £7 9j 9d; same v Mia«r, £1 8i Id ; Baird and Co. v Barker, £1 *■>; some v Napier, £1; Percy v Murphy, 11 \ 61; Lingdown and Co. v Port, £1 4s; and P.per v R.-gers, £5 18s 7d. Fmday, Fbbhtjaby 4.

[Before 0. Wbiiefoord, E?q, 8.M., G. L. Lee, and B. Wostenro, Beqs., J.P.'s.] Fbato in Bawkbtjptcy.—Mr Cowlishaw, who appeared for the prosecution in this case, stated that negotiations were ponding which probably would obviate the necessity of further proceedings. A romand was granted till the 11th instant.

Shoplutino.—William Mountjoy, alias William Benson, wus charged with stealing a fair of boots, the property of George Hyde, oot manufacturer, of High street. On Thursday evening a cabman saw a man take a pair of boots from the rack outaido Hyde's ■hop. He informed the salesman, who, on going down Hiurh street, found tho prisoner, who had the boots under his arm. Prisoner, in defence, said the boots had been given to him by another man. The magistrate sentenced him to one month's imprisonment with bud labour.

1 Vaqeanoy. Ellon Jordan was ohorged , with having no visible means of support. She had been allowed *o go, after being similarly charged on January isth, on the understanding that she was to leave town. Acoused declared she had been at work in the country ever since, and her visit to town was merely to get her olothes. She was sentenoed to six months' imprisonment with hard labor. On having the Court she said, addressing Sergeant Hughes, who had been the prinoipal witness Bgainst her, " Look here, Brooky, I'll be the death of you when I come out—mind that now!" Dbbi ruction of Pkopbrtt. Robert Wyatt was brought up and remanded till Tuesday next on a charge of wilfully destroy ing property, the value of which was stated at £5, belonging to J. H. Morshoad, of Lincoln.

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/GLOBE18810204.2.18

Bibliographic details

Globe, Volume XXIII, Issue 2167, 4 February 1881, Page 3

Word Count
837

MAGISTRATES' COURTS. Globe, Volume XXIII, Issue 2167, 4 February 1881, Page 3

MAGISTRATES' COURTS. Globe, Volume XXIII, Issue 2167, 4 February 1881, Page 3

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