RESIDENT 'MAGISTRATE'S COURT.

Otago Daily Times, Issue 166, 28 May 1862, Page 4

RESIDENT 'MAGISTRATE'S COURT.

Tuesday, 27th May, 18J2. (Before Alfred Chetham Strode, Esq.; R.M.)

Drunkennkss. —John Stewart, for this offence wa. fined 20s. or, in default, committed for forty eight hours. »Kuisanchs. —The Inspector of Nuisances reported the undermentioned cases to be abated. Elias Harding, for rubbish aud filth, in Maclaggan-street. F. O.Cameron, lor rubbi.-h and filth offMaclagganttieet. Morion and Waters, for rubbish and fii tli in tlie Arcade. William Hughes, for rilbbisb and filth in the Arcade. William Lyons, for ruhbi-h anil filth in the Arcade; and William Swords, fbr filth off Mac'aggan-«trect. In consequence of the report given iii by the officer," the bench dismissed the informations.

BnoxiiERSTON v. Wisiiart. —Mr. P.itten ap-pea'-ed for the plaintiff. No -appearance, in the first instance, was put in by the defendant, it was stated that Sir. South had been retained for the defence, but the learned gentleman did not appear in Court at eleven o'clock.- His woi-ship read out the particulars of demand to he claimed fbr wages, from 10th February to llth April, being fifty-eight days' labor at 10s. per diem, amountinsf to £29. Per contra account, by cash paid to Sirs. Brotherston, £3, a pair of boots, £110s., leaving a balance due of £19 10s. The bench pivnounced'judgment i.i favor of plaintiff, in the sum of £19 10s..together witli costs, 9i. Immediately that judgment was given. Mr. South entered, and stated, his client was under the impression that his ca=e would be heard in the Athenaeum. The learned gentleman now applied to the Bench, specially, under the circumstances, as every advantage had b->cu unfairly taken of his client. For instance, in the case of Filippi, plaintiff' had promised to give notice, which he had neglected to do; and documents had been produced which were not authenticated documents. If the pi-CAenc case were re-opened, he was prepared to prove that something wrong had been attempted to be done. When the case was last heard, BrothCrstori, the -plaintiff,- had brought- the identical claim for the recov. ry bf which he now came into Court again.* His -Worship remarked it was understood, on the former occasion, that the plaintiff should take a nonsuit, and be instructed to draw out a fresh summons. Mr. South now contended that as the ca.se stood, it was. quite'palpable that the plaintiff should pay costs. Tlie Bench observed thatthe case* had already been adjudicated. As to the Resident Magistrate's Court' being held in tho Athenamm, his Worship had to,say th;it the people to whom that room belonged, required it. Mr. South said that, very great advantage had been taken of the defendant; for, when the case was heard before, and the plaintiff was non-suited, theie were several large sums for which the defendant was giving credit. His Worship said that the'defendants best course would be to apply for a re-hearing. Mr. South rejoined that he should apply for a re-hearing on the earliest possible opportunity ; iv the meantime, proceedings lo be stayed. His Worship ' advised Sir. South to give Mr. Prendergast due notice of his intention ; that learned gentleman being retained on the side.of theplaintiff. Mackenzie and Another v.. Minn. —Action to recover value of an account due on fhe delivery of nine casks of biscuit, of half a ton in.-v eight, at £25 per ton, being equivalent to a claim now brought for £12 10s. Mr. Mackenzie, one of the plaintiffs, was in court, and applied for, a remand, on the ground that the party who delivered the goods to the defendant was absent from Dunedin. He hnd despatched a special message to him at Port Chaliiifers this morning, and expected him to arrive in' the city in the course of the day. His Worship, on this representation, consented to adjourn the hearing of the infor

tion. Case _ postponed accordingly, until the afternoon, when it was ro-ojiencd Plaintiff' sustained his claim by the evidence ot Mr. Barrass, who proved the Hgrecment entered into between the plaintiff and defendant, as to the purchase of a cask of bi-euit, made at Waikouaiti, last Tuesday. The Bench gave judgment in favor of plaintiffs,"in the sum of £12 10a, together with "costs ; expenses to bo a!'owed to Mackenzie aud ISarrass, making a total of £ s"i4s.

Adams v. Thoah'sjn.—Defendant appiici for a remand, on tho ground that Sir. Cook, who was retninod on his side, was professionally engage tin the Supreme Court. His Worship conseiitul to remand the case until two o'clock, '■- when it was resumed, Mr. Prendergast appearing for the plaintiff, and Mr. Cook being in attendance on the side of the defendant, who'put in a plea of '' not indebted. Application being made by plaintiff's counsel for a further remand until to-morrow, his Worship granted the; adjournment accordingly.