MAGISTERIAL.

Globe, Volume XXIII, Issue 2244, 11 June 1881, Page 3

MAGISTERIAL.

OHRIBTOHUEOH.

Rbidat, June 10.

(Before Messrs Ollivier. Parker, and Westenra, J.P.’s.’)

Civil Cases.—Williams v Hanna, £7 15s; Mr Oowlisbaw for plaintiff, Mr Stringer for defendant. This was a claim for the cost of a lead gutter between the Bed Lion Hotel and a shop at Bangiora, the party wall of whiob had been built at the joint expense of the owners. Plaintiff alleged that the gutter was not meant to be included in the cost of the wall, which defendant said was the agreement. Evidence having been given in support of the claim by plaintiff, by which he proved that the works were distinct, and that the order for the gutter had been given by defendant, judgment was given for plaintiff for full amount claimed and costs. Nesbitt v Golding, £4 12s 6d. Defendant bought for curing a dead pig, which went bad in the process. Defendant therefore refused to pay for it. This being admitted, the Bench told him his resistance was ridiculous, and gave judgment for plaintiff with costs. Gimhlett v Tisch. Mr Joyce for plaintiff, Mr Wilding for defendant. This was a claim for damage done to crops by pigs. Plaintiff deposed that the pigs, eight or ten in number, belonging to defendant had rooted up a quantity of his potatoes, he estimated three and a-half tons of the value of £7, and did further damage, valued at 10s to a grass paddock. His witnesses, however, were only able to speak as to seeing one pig among tbo potatoes, and could not speak at all as to damage. The Bench thought the damage had been much over-estimated and gave judgment for plaintiff for £1 10s with costs of Court only. Summerfield v Orange, £8 15s. Mr Holmes for plaintiff, Mr Bam field for defendant. Plaintiff deposed that having been a lodger with defendant, he left and went up country seeking work. He left with defendant a lacked carpet bag, containing clothes of the value of the amount. claimed. At the end of ten months plaintiff went back and found his hag empty and | open. In effect, defendant admitted having worn the clothes, and told plaintiff to get, more, for which he would pay. This was, done, and defendant then objected to their cost, and the present action was brought. Defendant pleaded that the clothes were! left kicking about the house, and be ; thought that plaintiff had gene away for, good. He admitted having worn the clothes, but said he never refused to compensate! plaintiff in any reasonable amount. Judg-, ment was for plaintiff for amount claimed, with costs, solicitor’s fee, and expenses of two [ witnesses. Morahead v Carter, claim £l3, being the value of a mare. Mr Holmes was for plaintiff, Mr Thomas for defendant. Plaintiff stated that he had sold the mare to defendant at his own solicitation, but without guarantee or privilege of trial. She was quiet ■ then, and had not, since she was broken is, stuck up except once five months ago. After | keeping the mare a month or so, defendant sent the mare back in very poor eon-! dition, stating by his messenger that she stuck up, and be wonld not keep her. Plaintiff refused to receive her; back, and the boy turned her adrift. Plaintiff had not taken possession of her, and had not been paid for her. The above evi-; dence was corroborated in its main points by, three witnesses. J. Carter, the defendant, stated that the horse had been sold to him as, a good one, he found her a jibber. She was, was no use at all for bis business, that of a butcher. Charles Poarman, employed by defendant, said he had tried the mare, and she! had stuck him up all over the district. She, was no use for his master’s business, Charles, Orote corroborated previous witness. Ho had seen her stick up very badly. Another witness spoke to the same effect. The Bench said they were of opinion that no warranty, had been given. Judgment was for plaintiffs with costs, solicitor’s fee, and expanses of| three witnesses. Judgment was for plaintiff, in Jackson v Cooper, £5 19s 3d, and went by default in Matson v Brooks, £6 8s 5 Pirie v Mcßratney,ss ; Beece v Graoie, £ls 15s lid ; Le Masurier v Davie, £3 Is; and Sheppard v; Henna, £4.

Satubday, June 11.

(Before Messrs Parker and Jameson, JP’s.) Dbuneennesb. —For a first offence a man, was fined 6s and 2s cab hire.

Labceny. —Charles James pleaded guilty, to a charge of stealing carpenter’s tools from, Jas Merriman. This was an offence committed in February last. Prisoner had in tke meantime been serving a term in gaol for a similar offence, and was re-arrested on his discharge on Friday. There were no less than nine previous convictions recorded against him for stealing tools. He was now sentenced' to three months’ imprisonment with hard labor.