RESIDENT MAGISTRATE'S CORT.

Southland Times, Volume I, Issue 2, 4 June 1864, Page 3

RESIDENT MAGISTRATE'S CORT.

) Thursday,; 2nd. 'June, 1564. ■ (Before W. M'Clillocli, and W.F . Tarlton,' Esqs.) Arthur Hasset, charged ' with chiving so: as to ; endanger the lives of passengers in Deo : street, oh the lstiiistant, was fined 40s. and cbsts. * :' ,_' Thomas Brunton, charged with being driihk and disorderly hi- Don-street, on the r Ist instant, was • fined'TO'sr aiid" costs."*'" * "' ]y- y -.*■•-: Civil Cases.. Shaw v. DP'p^aS:— Plaintiff sought to recover the sum of ifi2 10s., for board and lodging supplied to defendant. Defendant did not appear, and Judgment was awarded in plaintiff 's favor for amount, together with costs. ' ' ■;.'-•' + Salek v. Hax&akth-.— This was a claim for a balance pf £24 195.,, for • board and lodging supplied, to defendant, while residing in the Royal Hotel. Defendant did not appear, and. judgment was given in default, for' amount" with eipen'ses.' ; ' Nyulessy v..M,lvoe.j — Thia was, an action' to recover tho sum ; of £9 35., being price r bf 12 gallons rum short delivered, and duty bh 14 gallons, said rum having been sold .as ' over-proof. PlahithT ' Stated that he had bought at defendant's auction sale a cask of rum, said to contain 54 gallons. , On measuririg""out, however, only 42 gallons' were found to be hi the cask. He further averred' that' defendant had at tho tune said the "eontents-svere'to be regauged,and thatho (plaintiff) \^ould.pay for said contents at the rate of 4-si 9d. per gallon. Defendant, who was represented by ' Mr. Harvey, pled that plaintiff had taken possession of the rum, and it was not until several days subsequently that plaintiff complained of short measurement. It was further adduced in evidence, that both parties (plaintiff and defendant) had been present, at the loading of the cask on the dray, and that if any of -the contents had been wanting . then, the motion of the " disturbed spirits " inside woidd have made them quite aware of the circumstance. In order that further evidence might be produced, the" case was adjourned at plaintiff's request, untd tho following day. Same v. Sullivan. — Claim for £1 125., for board and lodging. No appearance of defendant. Judgment was accordingly given, in default, for amount, together with costs. M'Queen v. MTntosh. — Claim for £2 Os. 3d. Plaintiff in this case said that defendent had, sinco summons was issued, paid 20s. to account. Judgment was given for £1 Os. 3d., and 7s. costs. Defendant did not appeal*. Thero boing no other business before the Court, it was adjourned untd the following day at 11 o'clock. Feidat, 3rd June, 1864. (Before H. M'Culloch, Esq., J. P. ; and W. F. Tarlton, Esq., J. P.) Edward Turner, charged with being drunk, w0.3 fined ss. John Brady, charged with the theft of a corkscrew from the Prince of Wales Hotel, was discharged, the propriotor of the hotel uot being able to identify the article. Elpliinstone Dudney was brought up on a charge of uttering a valueless cheque on the Bank of New Zealand, for £21, purporting to be signed by a Mr. ThcophiLua Daniels, of Riverton. Mr.. W. A. Lind, of tlie Albion ' Hotel, being examined, said the prisoner presented the cheque to him on the 30th , and asked £1 on il , saying, " you can keep the cheque." I afterwards gave him £11 more. I paid the cheque into my bank account. Mr. Daniels and I afterwards say/ prisoner, when he said the cheque was a forgery. I then gave information to the police. Tlie Commissioner of Police stated that tiie cheque had siuce been sent on to Riverton, to be placed against Mr. Daniels' there, aud asked for a remand nntil Tuesday, for its production. The case was accordingly remanded until Tuesday next. John Brady was again brought up on a charge of drunkenness, and lined ss. Civil Cases. Young v. Evans. — : Act ion to recover account for medical attendance, &c. Verdict for plaintiff, for amount, with: costs.' Defendant' did not appear. CAMTBET/L AND EOBT:n.TSON' V. CUtEEOS. This was a claim for £17 10s., being £11 for casli lent, ancl£6 10s. for work and labor clone. Mr. S. M. South appeared for defendant, and Mr. Harvey for plaintiffs. The defendant's solicitor pled the statute of limitations as to the £10, and not indebted as to the other item of £6 10s. Mr. Campbell being examined, said the £10 of the sum of £11, was lent about six or seven years' ago. Defendant had promised when he countdown to Invercargill from the Lakes, to pay the old debt of £11 if witness would use his influence in getting him into the Town Board. He did not know ofthe charge for copying the testimonials. George Dj-er proved the writing out of 26 copies of testimonials iv favor of Mr. Cameron. lie, however, did not know anything of the charge to be made for them. David Robertson, a partner of the firm of Campbell and Robertson, said, about the 23rd or 21th March, he lent defendant 20s. Being asked if this payment was not for taking measurement of tiie Masonic Hall, he said he had not before heard of such a charge. Defendant had, however, supplied the measurements to witness, which were made ase of by him. As to tho testimonials, he was not aware of what charge was to be made for them. This was the case for the prosecution. Mr. Cameron being called, acknowledged having received the sum of £10 in the year 1857, from Mr. Campbell, but since that time he had never asked for re-payment. Defendant being asked about the testimonials, said Campbell and Robertson's clerk had offered to copy two sets of 10 testimonials for tho consideration of a " shout" the first time the parties met. Thero was to be no further charge made. In cross-examination defendant said he had never, since he had come to Invercargdl, promised to pay the £10. In a conversation on the subject, Mr. Campbell acknowledged the debt as paid long ago by services rendered. W. Percival proved that the plaintiff had employed defendant to tako measurements in the Masonic Hall. The Bench considered it a pity that the case wa3 brought before tho Court, as it evidently arose out of the caso tried the other day, in which the parties wero reversed. It was evidently a got up case, and accordingly awarded judgment in favor of defendant. KTULASY V. M'IVOR. This case was remanded from the previous day for the production of additional evidence. Mr. Button appeared for . defendant, and called — Mr. Hewat, who stated that he, -was present at the sale of the. effects on Mr. Mftvor's* premises. He heard Mr. M'lvor say that plaintiff coidd get the contents of the cask of rum re-guaged before delivery, if he so desired it. Alexander M'Gill, a locker in tlie Custom's, stated tbat tlie cask was not re-guaged while there. Did not know contents. He told Mr. Ekcnstee'n that it was foolish to allow entries to be passed if he thought the contents, were deficient, as it could not afterwards be rectified. The Bench thought that plaintiff should have, at the time of delivery, complained of. short measurement, or should have had it re-guaged. The onus rested entirely with him, and he had been told that the contents would have been guaged if hp had wished it done. ■Verdict, fpr defendant. ; „ , •.;■•■< Kick v. Manning and Whitton. — Claim for £7 for work and labor done. Mr. South, wno appeared for defendants, asked for a remand, as Mr. Chard; who managed .defendant's business, was presently at the Bluff, and he was' the Only party who. ,knew . about. , the. account. Mr. Manning, said the account would be paid if correct. Mr. Chard had said it was not, .and he liad hot' since had an: opportunity Yof seeing him on the subject. Caso adjourned until Monday. ' •yMjLLER :V; Lind'.^— Claim for £3 17s. qd., 'less 205., wliich had, been paid sinco issue of summons. Verdict for jjlairttiif for' £2 17s. 6d., with costs. Defendant did not, appear. Fitkpateiok v. Mabtin.— Claim for £3 lis No appearance of. defendant. Judgment for-plan-tiffin default. ' ". ■ '■-*.. r ' ..'.*' .*yyy- '•■ . [