RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume III, Issue 14, 9 December 1863, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, 7th Dkcember. (Before M. Price, Esq., H.M.) Only one name appeared on the black-list for drunkenness, and as the owner did not appear when it was called, his bail was forfeited.

Civil Cases. Extended Jurisdiction, faulkner and margektson v. carew.

Mr South appeared for the plaintiffs ; Mr Harvey for the defendant. An action to recover five weeks wages,_ at the rate of 15s per day, under the following chcumstances: — 1 laintiffs had contracted to build a house for defendant, at Oteramika, for a certain amount, according to written agreement. Plaintiffs alleged that, subsequent to their making the contract, defendant verbally agreed to allow them 15s per day for any detention in the completion of the building, caused by him (defendant) not having the ma'eriuls ready for them. The plaintiffs positively swore to the fact of the defendant having verbally agreed to pay them 15s per day for five weeks they had been delayed. Defendant in an equally positive manner swore that he never, either verbally, or by written agreement, promised anything of the kind. The evidence on both sides resolved itself into accusation, and denial, charge, and counter-charge. The plaintiffs stated that the defendant caused the dela} r by drinking, the defendant on the other hand stating that at the time the defendants alleged the promise was made, one of the defendants (FaulknerJ was in a state of intoxication, and the other man was in a state of imbecility from drinking. Defendant admitted that he had been delayed for a few wetks in town when looking for a dray to draw the timber for the building. The plaintiffs were not idle, however, on that account, as they were splitting the timber in the bush at that time.

From the surrounding circumstances, the Bench save more credence to the evidence for the plaintiffs, and gave a verdict ior the amount claimed and costs.

MUNRO V. WOOD.

Mr South appeared for the plaintiff, Mr Harvey for the defendant. An action to recover £103 3s Bd, (reduced to .£I OO, within the jurisdiction of the Court), for goods sold and for money lent. Defendant did not appear, neither did his witness, and after the plaintiff had given evidence of the debt, which had accrued due, Mr Harvey said he could offer no defence without the defendant or his witnesses. The Bench-jin consequence, gave a verdict for -the plaintiff.