RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume IV, Issue 196, 21 August 1869, Page 2

RESIDENT MAGISTRATE'S COURT.

" '[Before J. Sharp, Esq., E.M., and G. Bennett, Esq., J.P.]

Yesterday.

Larceny. • William Fillas was charged -with stealing £3 from Mr. M'Lean, a passenger by the Stormbird. j Pi'osecutor did not appear. Case dism'isssed. E. F. Jones v. Ellen Barker. Claim for £3 for board and lodgiug. Defendant denied her responsibility for the amount, as she stated that Mr. John Walkling, late barman at the Customhouse Hotel, had engaged the lodgings and promised-to pay for them. As this statement was'uot substantiated by evidence, judgment was given for plaintiff for amount claimed and costs. . William Francis v. James JVatkins, Owner of the schooner Amateur. This was an action to recover the -sum of £79 15s. alleged to be due as follows : — Commission at 2| per cent, on £750, being the amount paid for purchase of coals at Newcastle, and for disbursements during three trips of the /schooner, £18 15s. Commission at 2\ per cent, on - £^00 being net earniugs of schooner Amateur during the same trips, £5. Special damages for wrongful dismissal, £56. Mr. Combe appeared for the plaintiff, and Mr. Pitt for defendant. His Worship in giving judgment said that he could not allow the first .item of £18 15s. With reference, to the claim for commission on the net earnings of the schoouer, on going over the accounts he had found that these amounted to £161 Bs.. the commission on which would amount to £4 Os. Bd. • _ _ ' . With regard to the item for special damage the Bench were of opinion that in the absence of any special agreement the case would have to be treated as one between master and servant, and the sum of £18 17s. 4d< would be allowed. Judgment would therefore be given for plaintiff for £-22 18s. and costs, £5 17s. • This D^t. Before John Sharp, Esq.., R.M. Charles Watts and James Mills were fined ss. each for allowing their horses to be at large.. F. Simmons, for permitting two cows to be at large, was fined 10s. and costs. Bungate v. Close. This was an action to recover the sum of £12 being, £10 the price of a heifer, whose death was alleged ..to have been caused by her being driven about by fendant, and £2 charges of veterinary surgeon. . ■ - - - Mr. Combe appeared for the plaintiff and Mr. Pitt for defendant; His Worship, in giving judgment said . that as there appeared to have been a great deal of hard swearing, he did not consider that he should be doing justice to the ■plaintiff if he deprived him of the oppor- ' tunity of having the case heard again j he should therefore nonsuit him, plaintiff to pay costs, £5 10s. -