RESIDENT MAGISTRATE’S COURT

Poverty Bay Standard, Volume III, Issue 244, 3 February 1875, Page 2

RESIDENT MAGISTRATE’S COURT

Gisborne, Tuesday, February 2, 1875. [Before W. K. Nbsbitt, Esq., K.M.] Before the proceedings of the Court began, Mr. Wilson drew the attention of His Worship to the necessity that exists for the! Court to express its opinion as to tho validity of process of summonses served on Saturdays. He argued that as the Court sat on Tuesdays, the Sunday intervening, that day had to be coupled with the following Monday, as included in the 48 hours’ notice to defendants; and even allowing it to be correct to do so, it would not leave 24 hours’ clear to defendant to fill a sot-off before the hearing as is provided in (he Act. Tho Bench endorsed Mr. Wilson’s view and decided that summonses for any given Court day, to be held on Tuesdays, should not be served later than the Friday previous. drunkenness. George Parker was fined 5s for being drunk and using profane language in the public streets. Maggie, a native woman, was .fined 5s for being drunk; she said she had no money. His Worship said she must go to gaol. Sergeant Stanhope informed the Court he had no accommodation for females. His Worship replied that in such case she must be discharged. She was discharged accordingly with a caution. 11. KELLY V. JONES. Mr. Wilson for plaintiff. Claim £2O for non-delivery of grass seed. Defendant who appeared in person, pleaded indebted to the sum of £6. Plaintiff, sworn, deposed to having bought a certain quantity of grass seed from defendant, which he failed to deliver. He had advanced £5 on account of the contract to the defendant. An agreement between the parties was put in in evidence supporting plaintiff’s statement. The defendant made a rebutting statement attempting to dispute his liability, but the court gave judgment for £l5 and costs. WI PARAONE V. KING. Claim £3O. Damages for trespass. Adjourned to Tuesday the 9th inst. MULLOOLY V. CAMERON. Mr. Wilson for defendant. Claim £5 Ils, for grazing. Plaintiff, sworn stated: That defendant’s cattle had been straying iu his paddocks and he informed him that if he did not take them out he should charge him Is per head, per night, for the trespass. Defendant, sworn, produced his diary, aud quoted several entries to prove that some of the items charged for were incorrect. He considered Is per head, per night, for depasturage was excessive, and should not have put the bullocks to graze had he known he was to be charged so much. John Tarr, deposed in corroboration of defendant’s statement. He did not remember plaintiff saying that he would not charge for the bullocks for one night, but that if he did nobjake them away he would charge Isa head per night for them. Judgment for amount paid into Court 12s. Plaintiff to pay costs. JONES V. SORRY. Claim £4 14s. Mr. Wilson for defendant, asked for an adjournment to file set-off. Adjourned to Tuesday 9th instant. READ V. EPINIHA TIPUNA. Claim £22 2s 6d. Adjourned case. Case called, no appearance of defendant. W. IL Tucker, sworn, deposed to the purchase of a buggy by defendant from plaintiff. G. G. Mill, sworn, proved that a buggy was built by Mr. Dick to Captain Read’s order for defendant for £46, and that he (defendant) paid £lO on account of it. He refused to take the buggy after it was built. The amount claimed is the balance due on it. Judgment for amount with costs. KAIiAUniA TE PEI V. HEMI TU TE WHAIAO. Claim £8 damages for a horse killed, and £3 damages for a horse injured. Several witnesses were examined, n ine of whom threw much light on the subject. Defendant stated that the horse that died was handed to him, and he used it as a pack horse, but did not cause its death. He knew nothing of the injured horse. Judgment for plaintiff £2.