RESIDENT MAGISTRATE’S COURT.
Thursday, October 10. (Before T. A. Manstord, Esq,, E.M.) CIVIL CASES.
Buxton v. Kennedy.—This was a claim for £IOO, as plaintiff’s share in the salvage of the brig Star of the Mersey. Mr. Ollivier ap. peared for the plaintiff, and Mr. Gordon Allan for the defendant. —John Buxton deposed that he was master of the schooner Spray. On the 17th June last at i p.m. he was passing Waitau Bay and saw a brig anchored in a dangerous position. He tried to get close to her, but owing to the state of the wind and sea he could not do so. He then cleared out for Wellington at 11 p.m. On arrival on tho 19th he reported .the occurrence to Captain Holliday (harbor-master) and Mr. MoKellar (collector of customs). The Government refused to send tho Hinemoa, as there were no human beings on board the brig. He then saw Captain Bascand, of tho steamer Luna, which vessel was owned by Kennedy. Bascand said he would go and give witness whatever amount was fair and just. Witness then pointed out on the chart the position of the brig. The Luna secured the brig, and it was arranged between them that witness should have a fair share of the salvage. Franklin gave witness the agreement produced.—Mr. Allan objected to tho document being put in, as it was not stamped.—His Worship hold that a stamp was not necessary, as there was no sum mentioned. The brig was worth about £2300. The above evidence was taken, as the plaintiff wanted to go to sea. Tho case will come on for hearing again on the 25th. Leary and Campbell v. Joues.—Claim of £ll 18s. Mr. Ollivier appeared for. the plaintiff. Defendant paid £ti 10s. into Court. Judgment was given for the plaintiff for £S Bs. and costs.,
In the following cases judgments were given for the plaintiffs, for the amounts claimed : Bragge v. Granville, claim £2 10s ; Casey and McDonald, claim £3 6s; Thorbum v. Humphries, claim, £2 lls. 3d.; Sheehan v. Dawson, claim £5 7s. Ebdeu v. Campion, judgment summons for £2l ISs. OJ. Defendant was ordered to pay in instalments of £2, or in default three mouths’ imprisonment; the first payment to bo made on November 10,
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New Zealand Times, Volume XXXIII, Issue 5473, 11 October 1878, Page 4
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377RESIDENT MAGISTRATE’S COURT. New Zealand Times, Volume XXXIII, Issue 5473, 11 October 1878, Page 4
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