RESIDENT MAGISTRATE'S COURT.

New Zealand Times, Volume XXX, Issue 4493, 13 August 1875, Page 2

RESIDENT MAGISTRATE'S COURT.

Thursday, August 12. (Before J. C. Crawford, Esq., R.M.) VAGRANCY. W. Taylor, convicted of the above offence, was sentenced to one months' hard labor. HIRE OP SCREW JACKS. In this case James Hinge sued the defendant, Jones, for the hire of four screw jacks. The defendant pleaded a set off. Mr. Allau for plaiutitf, and Mr. Buckley for defendant. Mr. Allan, iu opening the case for the plaintiff, said that his client sued for £ll 45., being the price charged for the hire of certain skeleton screws, and that the defendant had pleaded a set-off of £ls on account of damage sustained by breakage of screw. James Hinge deposed that he lent four skeleton screws to the defendant Jones for the purpose of removing a house. They were borrowed about the Sth of December and returned about the 24th of the same month. He made a charge of 4s. per day for each screw, bringing the hire up to £ll 49. He reduced this charge to £8 4s. on account of accident to screw.

By Mr. Buckley : Sent in the bill two months ago. The charge for the hire of the screws was entered in a book kept by the man who does the work. He was certain that his charge was 4s. per day per screw. The screws require care in handling. It takes a man who knows how to set them.

Henry Meech deposed that if he were to lend his skeleton screws he would charge ss. per screw per day, and that if he lent them to a stranger he would require a guarantee. He used the screws in his business as a shipwright. Mr. Buckley, in stating the defendant's case, said that his client suffered damage to the extent of £ls through the breaking of one of the screws, and he contended that he wa3 entitled to a set-off, and to recover the amount of the balance.

Frank George Jones deposed that last December he wanted to move a small cottage (about 20 by 18) further back, and that he borrowed four small screws from the plaintiff. He employed four laborers and two carpenters. The screws were applied at the corners of the house. During the lifting one of the screws broke, causing the house to fall and break the window and the two joists and the flooring. He believed that Hinge agreed to charge him Is. per screw per day. On cross-examination, Jones stated that he sent a man named Frauds for the screws. The screws sent were small ones. When the screw broke he sent it to be repaired. "When Hinge sent in his bill he charged a set-off. The damage to the building and the cost of the labor he estimated at about £2O.

A witness deposed that two of the legs of the jack were broken, and that there was an old wound which had caused a new fracture. On cross-examination, deposed : Screw appeared to be overstrained. There was an old break. He could detect a flaw iu ironwork by a blow with a hammer. The new fracture was tho consequenco of the flaw. After the counsel on both sides had argued the case, . The Bench returned a verdict for the plaintiff for £5 125., with costs.