RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 283, 15 November 1862, Page 5

RESIDENT MAGISTRATE'S COURT.

i-KtDAY, 14f,h November. (Before A. C. Strode, Esq., It.M.) Theft of Clothing.—John Simoson, an elderly man, was accused of having, on Thursday afternoon stolon a quantity of wearing apparel, and otber articxes, the property of Joseph Miller. Mr Miller states that he left the house about two o'clock and on returning at three he found that the clothing Jiad been taken m his absence. Ho informed his landlord ol tue circumstance, and shortly afterwards th" p r i s-^ncr was apprehended when trying to sell the clothes. admitted the theft, and in reply to a question from the magistrate, said that drink was the cause. He was sentenced to three months'imprisonment with hard labor in the common gaol

CIVIIi OASES. A Question of Ignorance.—Baird v. Hull —- S"\?^ was dis P°sed of at a previous sitting and Mr M'Gregor, on behalf of defendant, now asked tot; a .re-hearmg, on the ground that his client oould not attend when the case was called, from bein«- iterant as to where the Court was held. The magistrate considered that though not expressly staW m ™ 8 ' every one knew the Court was held ia the Oddfellows Hall, but be had no objection? to reopen the case if the plaintiff consented. Mr W-ml tor plamtiff declined, and the application was refused. Mr M'Gregor inquired it this laid <!own the principle that no cases would "be re-heard ? The magistrate said that in certain circumstances he would, re-open a, case, but he did not see cause in the oresent instance. . r

Important to Landlords and Tenants Frederick Dick and Charles M'Dona'd. -" This was a friendly action " as plaintiff: styled it for the recovery of 1,10 10. .Mr. M'Gregor, for defendant, oxplamed that his client was a tenant of Mr Dick's and the dispute was not about the money, but wh'tlier • a month " meant a lunar or a calendar month In evidence, plaintiff stated that on the 15th September last, he let the defendant certain premises in George street, afc the weekly rental of five guineas payable monthly. Afterwards defendant held that the month was calendar, but at the time he (plaintiff) understood .that five guineas per week wore to be paid, and tun year to run to fifty -two weeks. A written agreement or-lease, Wiiich had been signed by .tefemlant, was produced in support of tho view. Defendant stated that lie did not read over the lease himself, that it was read to him byplaiutifPs agent, Ylr Ward, and he (deieadant) did not notice tint portion ahout the-" weeks. The distinct verbal agreement he viada with plaintiff was to.pay £'252 per annum, payable monthly m advance on the 15 th of each month. No ftoent acted on his behalf when the agreement was dmwa up. His Worship considered that defendant might have been penny wise and pound foolish in not looking more carefully to tiie lease before signing it or having a legal adviser, but there was no doubt about theterms. He therefore gave judgment for plaintiff, as it was clearly lunar months which were meant in the agreement. Lamontv. Huddlestone.—-Mr M'Gregor, for defendant, said the araonnt claimed, LB, would be paid in a tew days if that time were given. Plaintiff requieri immediate settlement,butut the magistrates request agreed to give till Monday.—E. Pritohawl v. J. Webb. Judgment by default for the amount claimed, LlO and costs.—Carruthers v. Pearce Amouut claimed L 6 Os 6d, case adjourned till Monday to "ive defendant an opportunity of appearing John Thomas v. Wales: and Grace. Judgment for amount, 15 10s and costs. John Balgray v. Georfce " Diekson. A mount, claimed, Ll7 10s. judgment for LlO 6s and costs —Ryrnond v. Solomon. Judgment for plaintiff in amount claimed, LlB and "costs Thomas Farmer and Coy v. Wm. M'Donald. Claim L 4. Defendant having* proved a contra-account of L 3 7s 6d. Judgment for plaintiff 12s 6d, with costs.