RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXIX, Issue 4223, 2 October 1874, Page 3

RESIDENT MAGISTRATE’S COURT.

Thursday, October 1. (Before J. C. Crawford, Esq., E.M.) Breach of Impounding Ordinance.— Tocker v. Valentine.—This was an adjourned case relative to the impounding of some cattle. After hearing the evidence, the Magistrate dismissed the case with a caution, on payment by defendant of the costs. Breach of Harbor and Quarantine Regulations.— ln this ease Captain Halliday, Harbor Master, appeared against James burner, a nightman, for depositing night soil m the harbor below high water mark. The defendant was fined 55., and costs.. Cruelty to Animals.—Henry Salmons was proceeded against for working a horse in harness with sore shoulders. Fined 10s., and C °BbeachopMebchantShippingAcx.—Three seamen of the barque Ashburton were, on the complaint of Captain Young, each sentenced to four weeks's imprisonment, -with hard labor, for disobeying orders. CIVIL CASES. Kebble v. Phelan.—Claim for £lO 2s. 6d. Judgment for amount, and costs. Town Clerk v. Howe. —Kates due, £2 10s. Order for amount, and costs. Jenkins v. New Zealand Steam Shipping Company (Limited). —This was an action for the recovery of £SO, balance due on freight of a cargo of coal from Newcastle in the barque Record, of which the plaintiff is master. Mr. Allan appeared for the plaintiff, and Mr. Moorhouse for the Company. The hearing of the case occupied a considerable time, and a quantity of evidence was given. The case of the plaintiff was that he received at Newcastle a cargo of coals, consigned to the defendants, consisting of 623 tons, on -which he w-as to receive freight at the rate of 20s. per ton. On arriving at "Wellington, he asked Mr. Ledger, the manager for the company, how he would pay freight on the_ coal, whether by weight or on what is termed pit certificate —that is, the quantity as certified to having been loaded at Newcastle by the providing coal company ? The reply was to the effect that the freight would be paid on pit certificate. The cargo was discharged from the barque, without tally being kept by the plaintiff or his officers ; tally was, however, taken by a man for the company. The manager afterwards said that the proper quantity had not been delivered, and objected to pay the amonut now claimed—which the plaintiff’s counsel urged he was bound to. pay, having agreed for the freight by pit certificate. In the defence it was admitted that Mr. Ledger had agreed to pay freight by pit certificate; but he was not then aware that the vessel had been part loaded by lighter; and when he found some forty odd tons short he objected to pay. He would not have demurred at some few tons being short, but the quantity was too great. The defence also seemed to point to the suspicion that the short weight had been caused by the steam-tug at Newcastle, which towed the lighter from the Waratah coal tramway to the barque Record, and had on the way been coaled from the cargo of the vessel whilst on the lighter, and therefore that Jenkins had never received the full cargo. Rumors were current that such was the practice amongst the steamtugs at Newcastle, when towing lighters down to load vessels. After hearing the case fully, his Worship gave judgment for the amount claimed and costs.