RESIDET MAGISTRATES COURT.

Otago Daily Times, Issue 218, 20 August 1862, Page 5

RESIDET MAGISTRATES COURT.

M-)Xi>Ar, Acgvat IBth, 1862. (Before A. C. Strode, Esq., R.M.) DiHJjiKSNNias.—GeorgeLangford was charged with lia /ing beeu drunk on the 17th instant. The accused ttiited, in derenca, that he was suffering from rheumatism, and had taken a powerful opiate, which i had completely stupefied him. The case was dismissed. Jeremiah M'Carthy, also charged with this offence, was fined 205., or iv default 48 hours imprisonment. Using Obscene Language.— Patrick Morpey charged with having made use of indecent language m llattray-street, on the 17th instant, was fined 103 and costs, or in default to be committed to caol for 24 houre. CIVIL CASES. Merry v. Fletcher.—Claim for LlO 7s. This case was a-.ljourned from the previous Friday, to enable the defendant to produce his evidence. The particulars of demand were "for paintiag and graining. The defendant stated that during the 10 days he had been absent, the plaintiff had neglected his work at the same time charging full time Failing to prove which, his Worship gave judgment for the plaintiff in the sum of LS, together with costs. Metcalfe v. Downes.—Claim for L 3 13s. 5d., for wages. No particular sum having been stated', the plaintiff rated his service at bOs. per week. Mr. ilaggitt appeared for the plaintiff and Mr. W am for the defence. The defendant admitted having engaged Mrs Met-1 calfe, the plaintiff wife, but urged tfxat the husband had only been about the premises with a view of rendering his wife any little assistance. 13oth Air. and Mva. Mctealie, however, sworn positively to' the! formers having been employed by the defendant, at the correct rate of wages. His Worship gave judgment for the plaintiff, in the sum of 60s. and costs. Alexander Erskine v. Wm. Erskiue.—Ciaim for L 5 Da. Judgment for the plaintiff, for Li and costs. Brook v. Doghevty.—Claim for L 9 13a. No appearance. Case dismissed. Taylor and Others v. Same.- Claim for LlO. No appearance. Case dismissed. M'Leod aud Another v. Keid and Others.—Claim lor LI 3 Bs. Particulars of demand were for two quantities of bags, which had been delivered by the plaintiff* to the defendants, at different price 3. * The defendants paid LlO 13i. into court, disputing the price ot the second lot of bags. Judgment was civen for the plaintiffs, for Lll l«s. and costs. Pollock v. Alonsoii.—Claim for Ll4 17s. lid No appearance. Case dismissed. Henry and Another v. Mitchell.— Claim for lfl 10s. Mr. Haggitt appeared for the plaintiffs. Particulars of deiiun'l were damages sustained by the plaintiifc, through the carelessness of the defendant, who had bean ia their employ. 11 appeared that the defendant ha.l, through neglect, let a hhutter fall breaking a pane of glass, ths value of 10i., smashing a cruet stand the value of L 6, ho as to rentier it perfectly unsaleable, besides damaging- other articles iv the shop window.

His Worship was of opinion that the damage was entirely owing to the defendants neglect, and that the claim of" Li 10s wouiJ i»ot half cover the loss sustained by the defendant's employers. Judgment for the plaintiffs, for L 2 10s. and costs. Jones an<l Another v. Brotherstoue.— Claim for Ll 3s. SJ. No ap|>earance. Cnse dismissed. Jacob Fo^'el v. (iegenhehn.—No appearance. Case dismissed. Smith v. Dixon.—No appearance. Ca3e dismissed. . I Wrixht and Others v. Wright.—No appearance ! Case uiMMsged. Barn .veil v. Prou'lfoot.—Claim for L2O. This was an action brought to recover tlie above sum, for damage* alleged to have been sustained by the plainthFs, through the defendant's taking illegal po*s<Msi'»ii of certain premises in Princes-street, The pLiintidf at that time being his tenant. Mi. Kenyou appeared for tiia plaintiff, and Mr. M'Oivgor for the defendant. ills Worship was of opinion that it had been clearly prove i, that the defendant ha.l taken ilk-gal PvHscssiou of the premises in question, but he considered the damage sustained by the plaintiff" inconsiderable. Jtd^ment for *he plaintiff, tor -10s. and costs. A Liyre niun'wr of other civil cases were disposed of.

Tuesday, August 19,1362. Leaving his DaAY.—Jame* Fraser, charged with t/i'; above offettov, was cautioned and dismissed.

Nbisakchb.—Jainea Nimon reported nuisances abated in the following case*: S. K. ft. Jones, Win Lyons, Hugh Itobemon, ami T. S. Downes ; the information against Moller anil others was -withdrawn. A charge of an aggravated nature was laid apinst Madame Hubert, of the Dunedin Club and Cafe. It was stated that tlie defendant was in the Inhit of emptying filth into the gutter in Princesstreet, and persisted in so doing though repeatedly cautioned.

Fined 30 s. and costs. Assault.—Chambers v. Gavin-.—lt appeared that the defendant in thi.s case was in Chambers' employ, who Is a. master baker. The defendant went, while in a state of intoxication, to the plaintiff's house, and oa the latter endeavoring to turn him out the defendant dealt him several blows. '

Finel 205., and costs.

CIVIL CASES,

Tickle v. Pole.—Claim for 1/20. Particulars of demand were: "To short good*, landed from Melbourne, 33 grates, value L 22 Bs."

.Mr. Cook appeared for the plaintiff, and Mr South for the defence.

Mr. South urged that the terms: "To be taken when to hand at Port Chalmers; weights and contents unknown, not accountable for leakage, breakage, rust, decay or vermin,"' which were embodied in the Bill of Lading, exempted his client, Mr. Pole master of the steamer Queen, from any responsibility' a* he could prove that the grates had been delivered, although they were considerably damaged by breakage.

Mr. Cook, for the plaintiff, admitted that the grates, or rather, the weight of metal, had been receive!, but in such a state as to be utterly useless. He urged that the defendant was, beyond all doubt liable, as no man could enter into a contract to deliver goods in the same good condition as received, and repudiate that on the strength of certain conditions embodied in the Bill of Lading. The damage in that instance must have been occasioned by gross neglect and, therefore, any specified conditions could net be made to hold iv this case.

His Worship withheld hh decision till Friday next. J

The Court adjourned at 2.30 p.m.