RESIDENT MAGISTRATE'S COURT

Nelson Evening Mail, Volume XIII, Issue 12, 14 February 1878, Page 2

RESIDENT MAGISTRATE'S COURT

[Before L. Broad, Esq.., R.M.]

Macfarlane y. Union Insurance Company,

This was an action to recover £27 19s, the details of which were as follows: — Nine days wages at £1 per day and 13 days at 10» per day, total £15 10s. Expenses: Passage, 12a 6d; meal on board, Is 6d; board at Totaranui, £2; ditto at Masonic Hotel, £2 103; telegrams, &c., ss; board at Osborne's, £7; total expenses, £12 9s. Total claim, £27 19a. Mr Buuny appeared for the plaintiff, and Mr Acton Adams for the defendants, who paid £7 Us 8d into Court.

The facts of the case were as follows: -In November last the cutter Dido; was declared a total wreck and abandoned by her owner*. The defendants, by their agent in Nelson, engaged the plaintiff to advertise for teuder« for launching the vessel, and afterwards to proceed with the contractor to superintend the work, and m the written authority so to do it was stated that he would be paid for the services he rendered. The vessel was safely launched and brought into Nelson harbor, and plaintiff claimed £1 per day and his keep for the time he was away. It was on this claim that th« amount was paid into Court. It was further alleged on behalf of the plaintiff that he had been engaged to look after the vessel while iyiug in Nelson harbor, and for this he claimed at the rate of ten shillings per day and his keep. The defendants denied the last engagement. His Worship said that the first claim arose out of an express contract in writing, and the only question was what was reasonable remuneration* It was a special service requiring; special knowledge, and he did not think that £1 per day was at all too much. With regard to the second item there was only an implied contract, of the making of which there was not sufficient proof. The plaintiff might yet have a claim against the ownar of the Dido when the ownership was clear, and therefore he would nonsuit him in order to allow of his bringing another action if he thought fit to do so. Judgment for £2 10s beyond the amount paid into Court, and costs £3 Bs.