RESIDENT MAGISTRATE'S COURT.

Lyttelton Times, Volume VIII, Issue 529, 28 November 1857, Page 5

RESIDENT MAGISTRATE'S COURT.

EXTENDED JUJRISDICTION. Christchurch, Monday, Nov. 23. This Court opened its sitting, adjourned from Lyfctelton, this morningl. There were eleven cases marked, for hearing, the first of which was :— GARLAND V. I.INGABD. We take the following particulars of this case from the report of the ' Canterbury Standard,' of Thursday last. This was an action brought by the Messrs. Joseph and Edward Garland against Messrs. John and James Lingard, of the Ferry Eoad, to recover the sum of £29, claimed to be due for gravel supplied by plaintiffs to defendants, for the purpose of metalling the Ferry-road. A jury had been summoned to try the issue. The plaintiffs in their evidence alleged, that in Nov. 1856, they made an agreement with defendants to supply them with gravel from a pit on plaintiff Joseph Garland's land; that several forms of agreement had been proposed, which resulted in a contract on the part of the plaintiffs to supply the gravel at 2£d.~ the yard as measured iv the pit, they also carting the gravel from the pit to the river Heathcote, for which service they were to receive 225. per diem per team, which they stated was 2s. more the amount for which they could have had the same service performed by other parties. The plaintiffs examined Mr. Dobson, Provincial Engineer, who proved a conversation between the° parties, wherein the defendants admitted that they ought to pay for the gravel as measured in the pit and not as spread on the road, which the plaintiffs then required. Defendants examined three witnesses, each of whom deposed to having heard at several times an observation by one of the plaintiffs to the effect that "if they (the plaintiffs), were allowed to have the carting of the gravel, they should give the gravel itself gratis." There were other charges in the particulars of the plaintiffs' demand, for wheat and hire of bullocks, and a set-off allowed therein of £7 10s for yokes and bows,supplied by defendants to plaintiffs. All of these items were, however, at a late sfcage of the proceedings withdrawn by counsel on both sides. After a lengthened examination of witnesses, which occupied the whole of Monday to a late hour and the whole of Tuesday, counsel on both sides addressed the jury upon the evidence, and the court having summed up at a considerable, length, the jury retired, and after a few minutes deliberation brought in their verdict for the plaintiffs for £18 10s. Bd. Judgment was accordingly given for that amount and costs. The jurors were Mr. C. W. Bishop, Foreman, Messrs. F. A. Bishop, Bidmead, and Bowley. Counsel for the plaintiffs, Mr. Gresson; for the defendants, Mr. Dampier.

HEBON V. O'NEILL. This was an action for the recovery of £30 5a., the balance due on a half-year** wages, as farm servant, at £65 per annum. During an interval in the proceedings in the

former case, defendant appeared personally and connented to judgment for the amount claimed and costs. The following ca*es were settled out of court :— Baixabd v. Mem.—Action for £38 65., balance of account rendered for board and gingBaixakd y. Bruce.—Action for £34 Us. 7<J. goods aold and, delivered, with interest from July 4, 1856. Tanceed v. Wobslby.-—Action for £22, interest for one year on £150. Shand v. Mcßbatkey. — Action for £25 sa. 10d., due for thrashing 607 bushels of wheat @ lOd. Beswick v. Buheell and Bailey.—-Action for £120 lls. 2d., amount due for hire of bullock dray and team, damage done to bullocks, and goods sold and delivered; aeainst which a set-off for work done, <fee, reduced the demand to £52 15a. Bd. Wednesday, Nov. 25th. The first case heard to-day was BLACK V. MASON. This was an action brought by Mr. 6. C. Black, storekeeper, at Kaiapoi, against Mr. G. E. Mason, of Waitohi, for £50 3s. lOd. balance of an account rendered for goods sold and delivered, including interest (£5 10s. 2d.) Mr. Duncan appeared for the plaintiff, and Mr. Dampier for the defendant. The defendant disputed only the claim for interest. Judgment for the full amount with costs. HEAD V.. BEOWN. This was a claim for wages due to plaintiff as farm servant. Mr. Duncan appeared for plaintiff, Mr. Gresson for defendant. The plaintiff.it appeared, had engaged with defendant for one month on trial, at the rate of £60 a-yeav; and had continued to serve at the expiration of that period without a fresh engagement; having quitted service, the action was brought for wages due at the rate of the first engagement. From the evidence brought it seemed that a verbal agreement had been made for a year'B engagement, which would entitle the defendant to a nonsuit. The Court took time to consider the point; and adjourned tlie case till Saturday (this) morning at Christchurch. The remainder of the cases on the list for hearing at Christchurch were also deferred till this day. Lyttelton, Thursday, Nov. 26. STOUT V. HUTCHINSON AND ANOTHEB. This case was proceeded with to-day, when the evidence for defendant was completed. Judgment was deferred till Saturday, this day, at Christchurch. '