RESIDENT MAGISTRATE'S COURT, FOXTON

Manawatu Herald, Volume II, Issue 34, 19 December 1879, Page 2

RESIDENT MAGIS TRATE'S COURT, FOXTON

Wednesday, PncKJinGit, 17,1879. (Uefore R. Ward, Ksq , R.M.) WANDERING CATTLE. J ohn Purcell wa3 charged by Constal le M'Anulty with allowing two horaus t< wander at largo. Defendant made a statement on oath, in tho course of which ho udmittel that the animals in question were on tho road im ■ibout 20 minutes, the reason being thit when he was driving three horses in, «»»• got away, and the remaining two were left at largo until his return. CoiHtahh M'Anulty said he had reasons for belicviug the horses wero out tho pro vious eveiii.';g, and. also that they wero net nt large by accident on the occasion for which the eh irga was laid. 'His Worship, after hearing the statement oj^the defendant, and without cnllin. on tho prosecutor to support the charg. dismissed the c&se. ANOTHER CABK. There was also a cisc on the sheet of J Purcell v. F. M' Anility, for allowing a man and foal to wander. Upon this cune bom< # callod ou, Mr Purjell said he desired t< withdraw it. Constable M'Anulty protested •igiiinst any such course being allowed, at he believed the charge could not bo it> any .vay subst intiated. His Worship suid li. could not compel Mr Purcell to procee. with the case, whioh was withdrawn. CIVIL CASES. R. G-. Palmer v. Geo. Cook.— Claim A's for rules rtua to the Fnrton Lochl Board. Plaintiff deposed to having served the usm ilem'imU upon defendant. Judgment ex ■parie for amount and costs, oa. Same v. R. Warburton.— Claim £1 Gs, for rates. Defendant admitted the debt, but said he had beon out of work for some time, and could not pay the amount at present. — His Worship suid there was a provision in the Kal.i2g.Act that no rates could be sued for, unless proceedings were taken within two yearn after becoming duo. In the pre nent case Gi was for an amount due over two years. Judgment for £1 and costs, 13-t. Bowe, Birchley, & Co. v. Kawap.a Hunia. — Claim £8. Amount and 7s cost 9 paid into Court. Defendant had neglected to pay other cost?, amounting to Bs, but plaintiff agreed to pay them, to 3ave further trouble. Samuel Kogers v. J. M'Beth.— Claim £18 8* 8:1, balance of wages due for working at Paiaka sawmill. ' Plaintiff claimed Us per day from the tin.c that he left Wellington until ho got other employment after leaving the mill. Via put in copy of an agreemen', however, whioi showed that hia wagos weiv to start upon his arrival at the mill, and als> that one month's notice on each side wn.necessary to the termination of the .agreement. I7|>O!\ this latter clause defendant raised part of his defence, plaintiff having left him when the mill was in work. To this plaintiff gave a denial, saying ho had, though not actually discharged, been told there was nothing to do. His Worship also pointed out to 3lr M'Beth that one part of the agreement waa to the effect thai the wages were to be paid at tbe end of each month. It was admitted this had not bjcu done, and tho agreement having been broken, munt stand or fall as a whole. After a lengthy and patient enquiry, his Worship gnve judgment for £10 13s lid and costs, 13s. F. K. Crowther v. Thos. Simmonds. — Claim £13 Is 3d, upon judgment summons. Ordered to be paid by January 1, 1880, in default one month's impridotitnont iv Wanganui Gaol.