HYDE.—Sep. 13.

Mount Ida Chronicle, Volume VII, Issue 393, 22 September 1876, Page 3

HYDE.—Sep. 13.

Resident Maoistkate's Coubt. (Before H. W. Robinson, Esq., 11.M.) John Laverty v. P. A. Connolly.— Claim of £4O, for wrongful conversion of two cows and a heifer, the property of plaintiff. Mr. Rowlatt for defendant, took exception that there was no desscription of the animals. Plaintiff was allowed to amend parlicnlars of demand by the addition of the descriptions. Mr. Rowlatt then ask*d the plaintiff whether this action was brought against Mr. Connolly in his capacity of bailiff of the R.M. CourtP Plaintiff said it was. Mr. Rowlatt then said he presumed the case must fall to the ground, as the defendant had not receivpd proper notice of the action, as required under the protection section of the R.M. Act. " After some discussion, as it appeared that no notice hafl been given, the plaintiff' elected to be nonsuited. Mr. Rowlatt said ho must claim, on behalf of defendant, full costs as between Bolicitor and client, in accordance with fcho provisions of the Act, and asked fo

£lO 10s. as costs, in addition to the expenses of the defendant's attendance. The Magistrate said he should allow nothing for the attendance of the defendant, as his presence had been required officially as bailiff of the Court. He thought £8 Bs. ought to be sufficient for law costs. Nonsuit recorded, with £8 Bs. costs. James Fraser v. Richard Smithson.— Claim for £9 los. 6d., for horse hire and damages. Mr. Rowlatt for plaintiff. It appeared that plaintiff had lent defendant a horse to go to Palmerston ; had told him that the horse would jump iences ; and had given him hobbles to restrain him, in case of putting him into a paddock. Defendant had come back without the horse, which had escaped out of a paddock in which he had left it. It ha ' ! not been hobbled, Plaintiff claimed for 25 days, at 7s. 6d. a-day, for hire of the horse, and 30s. expenses he had been put to in returning another horse which defendant had lent him to go a journey in consequence of his own not being forthcoming. The claim for damages was for defendant driving a loaded dray and team of bullocks several times through plaintiff's crop of potatoes. After a lengthy hearing the Court gave judgment for £1 18s., and 365. costs. Waeden's Cof*t. (Before H. W. Robin sod, Esq., Warden.) Mining Lease. The application of Hugh M'Auley and party for mining lease of four acres, with "objections of Laughton Bros, and Mackay Bros., was partially heard. Mr. Rowlatt, for the the Laughtons (objestors), said they had for a long time held a claim of two acres within the area applied for. They had obtained it by purchase, but had never had a proper transfer, although they had worked part of the ground. Further hearing of this objection was adjourned till the October Court. The objection of Alex, and Angus Mackay was to similar effect—viz., that they held a two acre claim within the area applied for, and which was originally granted to themselves and another—on 22nd December, 1868,Junder certificate 2219. The boundsof this claim had been surveyed on the occaformer dispute. Decision—to instruct surveyor in laying ofi' ground for present applicants to omit tho extended clairu of Alex, and Angus Mackay as formerly surveyed. Final decision reserved till October. Grants.—Mitchell and others, extended claim ; William Jordan and others, protection for seven days.