The Nelson Evening Mail. SATURDAY, AUGUST 20, 1870. RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume V, Issue 196, 20 August 1870, Page 2

The Nelson Evening Mail. SATURDAY, AUGUST 20, 1870. RESIDENT MAGISTRATE'S COURT.

[Before J. SiiAKP.Esq., R.M.] Pitt v. M Donald. In this case Harry Pitt, of Blenheim, solicitor, sued Douald M'Donald, as Manager of the Union Bank of Australia, at Nelson, for the sum of £20 6s. 2d., part being for commission on the sale of a, piece of laud at Blenheim for £250 in 1868, by instruction of Mr. M'Tavish, then Mauager of the Bank here, and the balauce for preparing deeds to complete the bank's title to the property sold. The defendant disputed the agency and the retainer as solicitor. Various letters and telegrams were put in, and his Worship, in giving judgment, said that although the evidence of the parties was contradictory, yet he Lad no doubt that there was an agency, and he should allow the commission. With reference to the professional charges, after reading the evidence carefully, he said the plaintiff's evidence was conclusively borne out by the correspondence, especially in the letter from Mr. Kerr, showing, tacitly at all events, a retainer. The Bank was bound to complete their title, and even if he had a doubt about the retaiuer, he thought in equity and good conscience that the plaintiff was entitled to recover. He should disallow certain items charged, and gave judgment for plaintiff for £17. 7s. Bd. and £4. 18s. Od. costs. Mr. Henry Adams appeared for the plaintiff, and Mr. Acton Adams for the j defendant. j

We understand that the father of the two boys, who came up from Canterbury in the Phoebe, and to whose case we referred yesterday, has come forward and claimed the children. He is a farm laborer in the employ of Mr. Barnicoat at Richmond, and was not aware that his sons had arrived until last night. Penny Readings. — We are glad to learn from an advertisement that appears in another column, that penuy readings for the especial benefit of the boys of Nelson are to be instituted, the first of the series, at which the Rev. R. J. Thorpe has promised to assist, to take place at the Temperance Hall on Thursday evening uext. The readings are to be varied by music and singing, and we have no doubt will prove a great success. Tkap Accident. — A collision tookj place between two traps on the Waimea road yesterday evening, one of which was | being driven by Mr. Luckie, who, together with a boy who was with him was, thrown out, but fortuuately notj much injured. The trap, however, was completely smashed, and the horse, which bolted with the shafts attached to him, has not since been heard of. A Nemesis appears to have pursued Mr. Luckie during the day, for we learn that just previous to starting on his unfortunate expedition, he was driving a high wheeled " spider " and tbat in attempting to turn round in Washington Valley the wheels became locked, .and one of them shivered to atoms.