RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume I, Issue 5, 11 June 1864, Page 3

RESIDENT MAGISTRATE'S COURT.

~. ■-.■yy 7 TatrnsDAT, 9th June, 1864. ' yA {Before H. M'Culioch, Esq., J. P., and W. F. Tarlton, Esq;., J.P.) John Allen, for provoking a breach of tho peace, wafe firibd 20s. ' , ..-..-:-,,„. John land, for a similar offence, was fined 20s. -y ■— Francis Parish, for being drunk - and~ "disorderly iniDevprqn-street,-wa3lined-205.; or ;48 hours' imprisonment.' "-"' Francis O'Hafa; for prbvokirig-a-breach of tho peace. Extenuating. .. circumstancos caused the Bench _tO dismiss, tlie case. v a-*") yAQ]}'A -^-'civiL cases ■/*[.''"' *• /-, Shavt v. HtraHES. I—-Claim1 — -Claim for £1 165., fbr Tun-; cheon provided to defendant for three weeks at 12s. Plaintin^'7pbrsOn; farid T [Klj.'Bhttbn for defendant/ .The XJourtibund judgment for defendant, he paying [LSs.^and plaintiff jpaying posts. / :; . tirph'e Couit then adjourned till half-past two o'clock. Y-i'YYY-'T. i.Yr^vVs < .;.■.-■.,-,.) The Court resumed at : half-past two o'clock. DIXOH" ASD 'DAVENPORT, V. MUELLEn Alf I) .YY Vr v * ! * ; ! - Claim for £7 for work and labor done, and ..goodSfSold and delivered.: ; '-. . v. :;:•/' -; L/^^ South appeared, for- the and Mr. ; Button for „defendimtsw!„ .y v; j : Ay\- ■.-■..■..■ '. For the defence; np'n-completipn of contract was; rpledfahd'a-let off of £2 Ss.'fbr survey of a sec-i tion in Deerstreefcy oo 'A ..aa.;, ■.-..-.■. ; Mr- Davenport, . one of the plaintiffs, -stated; that lie had 1 entered into" anjigreemeiit with Mr. [ Mueller for the" making of four' chimney cowls, and ] that the price) was to be 3p3.each.y T^eyjwerp; 'fixed in a' proper manner.'" Tliey.had" a hold of* from 14 to-18v inches. ''" Five* slMings each was j charged for puttmg i up..vv;rr.,;.}7 Cross-examined— The price of 30s. was to be exclusive of putting up".~ We put them up without, specific .instructions^ ytp, do ; soy -,-}The;i usual cliarg^fbiv^ 6(K'e^hYlfdefe^^ thp7wind wbidd[haye hlp^yh them .down. Did-not take aiiy of them away 7 Saw letter frpm defendants .claiming damages for. the- destruction of the [chimneys. , v -.,y.Y,-,y ....-■.■■_■-;- f 1 7- y.A-AVJi'-^'-^ -i- -- 'Mr; ! Dixon proved that tlie chimney .tops'.' were. I properly fflndsecurcly 'fixed. •■■"'■'•"He."recPivTd.'^'[mea-' I Bage?fe»mldefehdants 7 toY inspect the'cliimheys,^ ; ! the rooms were always full of smoke. Went ac 4 ' i cordingly } they did^not rsmokb then. : Nothing j more tamspiredjuntila letter ;;frpm^defendants was ■ *. sent hoiamg7usrespbhsiblo for *dainages,vin bbhsequonce of alleged - - insufficiency of the - work. We examined ihoi^r^T^oi^'JpfypJ^nmiyjß,. and- found it very t^di*? Having sent -iri- our-*' bill, -aiid ..being", refused payment, we eniploj'ed an architect to ex-

amine and report to us on tho matter. The cowls acted with the wind quite well. ' Cornelius Keating , < proved the sufficiency of the fixing of the [cowls. He fixed them onj aud was experienced in such kind of work., ,(!; \ / J.B. Cameron, an architect, stated the mortar used in the construction of the chimneys to be very bad. With a fixing qf from 15 to 18 inches tlie cowls should have been perfectly safe.. I This. was the plaintiff' B;,case. ,; a l ; . . .. Mr 7 Mueller said' tlie [price, agreed upon- wak 305.-' each. 7 Shortly after being up; found'tliey did hot work properly, and that the. rqpms were choke?full of smoke fin consequence. The wind had not sui-. 'ficient catch [to Wake the cowls turn /round; properly. (Cowl was [produced in Cqurt). 7 .... , Mr. *Ritterath,*butcher; stated 'that, he got his 5 own cowls put iip for 30s. '. He. /mado .tlip bargain l.- --: for ; Mueher[ and; Gbisow, and^uuderstbpd they^ - would be putup oil similar terms/ /-[[ '-[[,' ''• 'After further evidence of art . imiinpprtant character,-'^ ' : *;-*--"y ■-'- 7^' : __'7[[ / ; -A Xi :::■■■ X.. 7 I ' The bounsbl on' either side -addressed 7 the Court, after which ," ' ' ' [ .[.77 .i.V" ; The Bench 1 found jUdgmontfor plaintiffs for £6 —the set off not allowed. *, 7 ;7'7 ['.... FEIDAT,;IOTnJXTN33, 1864, Mary Ann Anderson, for? drunkenness, [ was "fined'T.Os. Pi* '-24 i hours' MpHsOAamchtv " * "' ; , *,•• a, .■John'.M.lndoei7for: -negle'ctuig his horset and . di*ay,. was 7fined.4os. and costs. -•- -•--. ; „ . ,-,.-, ; -Civil Cases. ■ ._. , ; • [. Haitoah V; [.'. JEA?A?Ei3YS.-- : -Ciaim for i£7 ! 55. , repairs on waggon and blacksmith's work — shoeing horses, alleged to be _ ordered by a; sor-. /vant; Pf.l defendant: 7*Defendaiit pliid indebted," and that the work was never ordered by him or by any, of his servants.7 :■ After a deal of: rconflicting.evidence,*. the Bench-foundthe balance in favor of defendant, and gave judgment accordingly. 'Costs : not/allowed. •-'' :,. t . Von Hahmeb v.-Cabew;—^Action to recover amount, of promissory iiote" for -£30 7s. ; 6d. Defendant : made no appearance, and judgment was awarded in plaintiff's favor in default. ~ -'Bu'raTaN v. MttG&:i7ETOfc\— Claim [ for Ygoods delivered.;? Defendant -did. not; aippear, and judgment was given in favor of plaintiff for amount* with -posts. : . v-:Y-:'s , Motjntieu Y.CnAUD:r~:In this, case defendant made no appearance, -and judgment was awarded [ in default ! for. amount* . £'5 T 13s:-,'' together with costs.. ■ -•'■■■ •;-,...;■; ' •■ '. : Wallace v. WATSONV-r-Claim for.- one load of firewood, 235. Defendant chd-notulappear, and judgment was jgivenjin plaintiff's: favor for amount With COSt-5. ..;,; : . ( //";/ r'AyJAk \ m'k ab y. ncTcnixsoN. » Action to recover price of -a bullock, £25, wliich defendant /had - not returned. Mr. South ifor defendant, and Macdonald for plaintiff. Mr. M'Nab said defendant had use of bullocks for the breaking of them in. They were ; all returned . but one. The price of -this bullock has beeii. refused on my application,, and it has not been returned. • Cross-examined —^He since told me that he saw it amongst Thonison .and Anderson's cattle; and ! that it was then on its way to Dunedin. This was j about a year ago. Tlie man in .charge said ho j would leave the bullock at my station as he passed, j The usual custom is to give use of the bullocks j for their being broke in. Don't know if there is any custom in the country as to parties who have such charge of cattle to be responsible for their J safety. j William Johnston proved that tho bullocks were delivered to defendant to be used by liun for the breaking of tliem in. The value of the bullocks, per piiiv, wlien- broken in, would bo about £50. « For the defence, a non-suit was applied for on the ground that the defendant had not refused to deliver up the bullock in question. Mr. Mackintosh stated that he was to have the bullocks to break tliem in in the usual way. There is no responsibility if lost. It is customary to have £5 a pair for breaking thorn in, and six months' work. The bullock was lost after I had had him about five days. He was never broken in. , I spent nine days in sc'irching for liim. Mr. Roebuck was examined. 'as to ihe custom of the country respecting tho responsibility of the plvrty having the bullocks to break in, for, their loss or" safety. ' He' wns in favor of irresponsibility. ' John Mackenzie*, a carrier, corroborated this evidence. The question of " custom of the country " being tho point on which the case rested, Mr. South applied for an adjournment until Wednesday next, wliich was granted by consent of plaintiff. Fhekmaxv.Mitchki.Ta. — Claim for £10 3s. 10d., for goods supplied. .Mr. Weston for defendant, plaintiff iii person. The Court found judgment for £11 3s. lOd. f The Court then rose.