RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXIII, Issue 5449, 13 September 1878, Page 4

RESIDENT MAGISTRATE’S COURT.

Thursday, September 12. (Before T. A. Mansion), Esq., R.M.) Two inebriates were fined ss. eacb, or in default 24 hours' imprisonment. the Whittington’s seamen. Six seamen belonging to the barque Whittington were charged with continued wilful disobedience to lawful commands. The men pleaded guilty. Three of them promised to return to the vessel and go ou with their work, but the other three refused, and were sentenced to ten weeks' imprisonment, with hard labor. LUNACY. John Livingston, on remand, was charged, on the information of his wife, Margaret Livingston, with being of unsound mind. Sergeant Smith informed his Worship that the accused had almost perfectly recovered. His Worship thereupon discharged him, and advised him to abstain from intoxicating liquor for the future. CIVIL CASES. Strachan v. Alien.—Claim for £IOO., His Worship now gave judgment in the case. After

a careful perusal of the volumiaoua documentary evidence, and weighing the oral testimony of the parties interested, it would appear that, in consideration of certain services to, be rendered by the plaintiff to enable the defendant to tender for the Port Chalmers" con tract on the Dunedin-Moeraki railway, the plaintiff was to be allowed a fourth interest in the contract, provided be contributed the sum of £750, or, as an alternative, that he should receive the sum of £l5O, payable by three instalments of £SO each, the first payment to be made on the commencement of the contract, the second 8 or 9 months after, the balance on completion of the works, without having any further interest in the contract. The plaintiff alleged that no time was fixed for him to make his election, while the defendant, on the contrary, asserted that the Ist January following was the time fixed for the election to be made, and further, that the plaintiff not only positively refused the alternative proposal of the £l5O, but asked for and obtained an extension of time fur raising £750 M enable him to participate in the contract to the extent of ono-fourth._ Looking at the probabilities of the case, his Worship came to the conclusion that the defendant's version was the more likely one, and nonsuited the plaintiff, with costs. Judgments for the plaintiffs were given in the following cases:—T. Mills v. C. Moody; judgment summons. Defendant. was ordered to pay the amount by the 19th September, or in default eight weeks’ imprisonment. —J. Pletchett v. D. Egan ; claim, £7 17s. fid.—E. W. Millls v. E. McCarthy ; claim, £65 6s. sd. G. L. Jenness v. E. P. Edwards ; claim, £l9 Is. fid. —Zohrab, Knocker, and Go. v. A. McDonald ; claim, £ll I4s. fid. Mariyatt v. Coles; claim, £4 55., for balance of account for painting a banner for the Pioneer Lodge of Good Templars.—After hearing the evidence, his Worship gave judgment for the defendant, with costs.