RESIDENT MAGISTRATE'S COURT, FOXTON.

Manawatu Herald, Volume II, Issue 8, 19 September 1879, Page 2

RESIDENT MAGISTRATE'S COURT, FOXTON.

.^yi^bxEsDAY, September 17, 1579. (Before R. Ward, E*q , H.M. and J. T. '■ > ;- Stewart, Esq., J.P.) : The Court opened at 10.15 a.m. WANDEUIXG HOUSES. J. J. Murphy, charged with allowing a horse to wander, pleaded guiity, but stated that the auimal had escaped from the person in whose charge it was.— His Worship said the fact of the horse being at large was quite sufficient. The Court would inflict light fines in all the cases, but if any similar instances came up in future, h<'avy penalties would be inflicted. Fined Is and costs. A. J. Whyte was charged with a simitar offence. He pleaded guilty, but said the horse must have broken down the fence of the paddock. In reply to his Worship, he said he had no evidence to offer. — Constable M'Anulty said the only evidence he had to offer was that the same horse was at large on the previous day. (Laughter.) Fined Is and cost 9. F. !?mith andT. Bowe, similarly charged, did not appear, and were each fined Is and costs. J. Futter, for 3 horses, was fined 3$ and costs. G. Gray, similarly charged, denied ownership, beiug a minor, and the case fell through. 0. Collins, for two horses, was fined 2s, whilst J. Cummerfield and E. Osborne for one horse each, were mulcted in Is. The costs in each case were 7s. CHIMNEY ON PIKE. A. S.Easton was charged with allowing his chimney to catch fire. He admitted the offence, and was fined 5s and costs, 7s. CIVIL CASES. J. Daltonv. J. Fenl on .—Claim, £8 12s 6d. Plaintiff asserted he had an agreement with defendant to receive 30s per week and

■' tucker," for working on his farm, which agreement bad been burnt in his hut at the • Oroun Downs. Defendant admitted the claim, buM?avl no dt maud hud been mndo upuii him foi 1 t.iie money . — Judgment given for amount claimed, plaintiff to pay costs, 9*. in consideration of having made no dcmiind. Mr Hawkins appeared for plaintiff. J. 0. Wilson v. J. Fcnton.— -Claim, £25 17s, for work done on defendant's farm. ,it appciirefl plaintilfhiul, whilst, at Carterton, been asked by defendant to engage a man •nam?d Grroonie to look after his farm. Elaihtiff asserted ho was asked by defendant to look after the place himself if lie could not get Gioome^ He' hnd therefore gone on the I phee, andjfooked after it, as he could not get a suitable man, for which he claimed 7s (id per day. — J. Purcell, H. Ware, and J. M'l'liovson gave evidence on behalf of de'tendant,l'o prove Unit plaintiff bad not done work to the value of the claim.— Judgment for plaintiff for £17 7a and costs, £4 ss. Mi? Hawkins appeared for plaintiff. S. and F. U. Cook v. J. M'Betli.— Clai-n £10 9s Od. Settled out of Court. F. 11. Cootf v. J. jil'Beth.— Claim £1 . Settled out of Court. John Davies v. F. H. Cook. — Claim £26 , on a dishonored P.N. Defendant raised a j technical obj action, which was overruled, ■ and also stated he had a contra account. — Judgirent for plaintiff with costs, 30s. Crowther v. Kilkolly.— Claim £17 15s 3i. No appearance of plaintiff. The Clerk informed the Court that dbfsndant had filed his schedule. Cuse struck out. C. Howe v R. Can-.— Claim £33 17s 6d upon an 1.0. U. Judgment for amount and costs, 41s. C. Howe v. Win. Osborne.— Claim £7 155. Summons not served. C. Howe v. 0, Collins. — Claim £6 16s. Plaintiff nonsuited with costs, Bs, owing to full particulars not having been stated in the account. B'.aithwaite and Kebbell x. Iharaia Heini.— Claim £02 Mp. Settled out of Coiut. J. C. Thompson v. J. A. Perreau.— Claim £6 lOj oil. The Clerk read a note from defendant, admitting the claim but asking for time Mr Honore, on behalf of plain 1 iff, declined to accept the promise, as Mr Per rean hail frequently disappointed him before. Judgment for plaintiff for amount and costs, Bs>. The Court then adjourned until 2 p.m. The Ooui't rvismnei at 'h p.m., Urn samo Magistrates on the l'ench. CIVIL CASE. W. J. & F. London v. Win. Osborne.— Claim, £11 Us. Judgment summons. Ordered to be said forthwith, also expenses of service, Bs, iv default of payment to be imprisoned for four weeks in Wuu-anui Gaol. ILLEGAL IMI'OITJfIMXG. Htirinta llamuera, a native woman residing near Foxton, was charged with having illegally impounded n- horse belonging to a nutivo named Tataua, residing at Poroutawbao. Mr Staite appeared for Tutana, and MiHawkins for defendant. Mr Staite, in opening the cisc, said plaintiff had tied his horse to a post on the- road near the Foxton ferry, but defendant, owing to some supposed claim upon the iami, bad impounded plaintiff's horse. Tatana, being sworn, deposed to one of Itis horses having been impounded by the defendant ; he believed the land had not been passed through the Lands Court ; he knew the road bad been used between 20 and 3J years. Hnriata, beins sworn, denied that the land for the road bad ever been handed over to the Government : the horses were tied to a small post near the largo wire post; the land in question hud not becD passed through the Court ; she did not know which was Tatana's horse. Ihiikarn said he had complained to the Government about the road being there ; he had told the Government that tha land was not theirs, but his ; he could not say how Ion:; the road had been tued; it is a number of years aincu he first saw the coach go over the road. He did not tee the horse of Tutana. He denied ever having handed over the road to the povernment or Council. Tatana, recalled, said if the road were made a chain wide his hoise would have been on it. The Bench said the evideiuo showed that the horse was on land claimed by defendant, and no evidence was given to prove that the land actually .was a public road. In fact, it appeared there was no public road. Information dismissed with costs, £3 11s. THE SAMSON CASE. Thos. Dnrrell v. Captain Bascand. — Claim £10 2s, for wages. Defendant put in a setoff. Thomas Darrell deposed he was engaged as cook and steward of the Samson for 31 days at £15 per month; he also paid 10s for one sheep supplied to the steamer. Cro-s examined by Mr Stuite — The receipt produced is sigued by me ; I have two names — William and Thomas; I use both : I have seen this document, or one like it, before ; I have not altered any of the figures ; the figures werefeltered by the second steward ; 1 did not have the goods mentioned in the paper; I deny receiving all the goods mentioned ; I did not agree ta^^^yy-usMnonth'a wages should be reMHBPPlßjTspuie the value of the stock I Jam charged, with; I cannot say what the value .of it is. Re-examined by Mr Hawkins — The liquor was given me to sell on board; I had no license to sell liquor. Captain Rascand, the defendnnt, beinpr sworn, depo-ed thaj§he did not owe plaintiff any money ; he had waived £i of the claim, which nvule him indebted to plaintiff Is lOd. He was willing to settle with him when he discharged him ; he dismissed him because of dishonesfy. Cr.-ss examined by Mr Hawkins—Witness had not a packet liceus* when plaintiff was on board ; plaintiff was told ho could have the stock on board at cost price if be chose. His Worship said the Couit was of opin ion that the fact of Captain Hascand not having a packet license was fatal to the set-off Mr Hawkins raised a fmther objection under the > hipping Act, that no wages of a seaman could be detained for any suit. His Worship said such an objection should have been made at the outset, to enahle MrStaito to take a cross action. Judg raent for £7 Os Gd and costs 4ls, also, counsel's fee. £1 Is. Mr -Hawkins asked leave to appeal, which was granted. The Court then adjourned.