RESIDENT MAGISTRATE’S COURT.

Hawke's Bay Times, Volume I, Issue 48, 29 May 1862, Page 3

RESIDENT MAGISTRATE’S COURT.

(Before J. Curling, Esq, R.M.J May 23. O'Brien v. Superintendent of Hawke's Bag. Plaintiff claimed AS. Gs. Bd. detained from him by the Provincial Government. Judgment for plaintiff, without costs. Doherty v. Farmer. A claim for AT 19s. Id. Settled out of Court, May 27. Tamouta v. Wilkinson. The plaintiff (a native) claimed A2 10s. for horse hire and damage done to a horse. No appearance. Munn v. Janisch. This was a case brought by D. Munn, against the defendant, as agent lor the White Swan } steamer, to show cause why a certain case detained by him should not be given up. Charles Syson deposed that when in Melbourne he agreed with Mr. M’Coombe about the freight, which was not to exceed A 5. That the bill of lading was not Idled up at the rate of 90s. per ton, when he signed it (on the 2nd of May) but was afterwards inserted. He would not have endorsed it, had he known the freight would have been so much, but would have hud the car packed. Alexander G. M'Coombe deposed that the Rill of Lading produced, was signed by the Captain of the White Swan, and the rate per ton was filled up before it was signed, and no alteration had since taken place. Three copies were tilled up, one of which was delivered to Mr. Syson. The evidence given by Syson was erroneous —no bill of lading was signed on the day he had stated, the 2nd May. I told him the amount of freight would depend upon the measurement. I did not agree that it should not exceed A 5, and he could not have got the bill until it was signed and filled in. Amounts are invariably left blank, as the Captain has something to say about freight. I might get him to take it at 70s. per ton. I will not swear that Syson saw it filled in, but will swear it was filled when given to him. Judgment for defendant, costs 9s.