RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume I, Issue 10, 23 June 1864, Page 3

RESIDENT MAGISTRATE'S COURT.

♦ . Tuesday, 21st Juhb, 1861. (Before M. Price, Esq., KM.) W. F. Taylor, charged with riding on a footpath in Kelvin-street, on the 17th instant, wa3 fined in the penalty of 20s. James Allison was charged, at the instance of Mr. Harvey, with being of unsound mind. Dr. Grigor was examined as to the prisoner's 6anity, and deposed that he considered him to be insane, dangerous to the public, and not fit to be at large. Dr. Murray said he considered prisoner as a dangerous lunatic, and unfit to be at large. When, examined a short time previously my opinion was somewhat different being informed by the warder that the man was of an exceedingly quiet disposition. The place appointed for the reception of lunatics is not a very securo one, and several escapes from it have been made. Allison was token into custody. Civil Cases. Messrs. M'Culloch, Tarlton, and Pearson now took their seats on the Bench. M'Nab v. Hutchison. — Mr. South, the coun-. sel for the defence in this action, implied for a remand, which was granted until the following morning. Weston v. South. This was an action to recover tho sum of £22 6s. 6d. on a bill of exchange. The case arose out of cash transactions botvrixt the defendant's son and a Mr. Pelliett, a client of the plaintiff. Mr. Pelliett advanced to Mr. South, junior, the sum of £30, and received in lieu thereof two acceptances for £25 each, making together £50. These acceptances, for a consideration, Mr. Pelliett parted with to- Mr. Weston, and in order to have the matter settled, Mr. South, the defendant in the action, accepted bills pro £22 and £22 6s. 6d. at six weeks and three months, in liquidation of the debts. Mr. Button appeared for the plaintiff. Mr. South conducted his own case. Defendant, in the course of his remarks, said ho allowed the action to come into Court on public groundß, and said he considered it proper that the usurious character of the transactions should be exposed — -533 per cent, being the rate of interest charged on the money advanced. He felt he said, the utmost indignation at such proceedings, and hoped that the news would reach the Inns of Court, that there are parties who, having been guilty of suchproceedings, come into Court to recover tho full amount, and, after all, there state that they merely acted as agents for their clients. He was ready to pay the amount, if the two bills referred to were handod over to him. Mr. Weston being examined, produced the bill now sued for. The original bills for £25 had been given to Mr. Pelliett. Examined by Mr South — I decline to say •whose money it was that was advanced to Mr. South, junior. I don't know how much money he received. I was never in partnership with Mr. Pelliett in lending out money. By the Bench. — I decline to say whether the money advanced belonged to mo, because the question haß nothing to do with the present bill, which came into my possesion on Mr. Pelliett leaving the Province. I do not know what consideration young Mr. South received for tho bill. Mr. Weston. at this stage of the proceedings, asked for a non-suit. .: The plaintiff was non-suited accordingly. M'Aethub t. M'Lennak. — In this action defendant did not appear, and judgment was accordingly given in favor of plaintiff for amount (155.) and costs. | M'Cioskt v. Oamebon. — Action to recover i price of four cattle, short delivered, and damages I for loss of same. Defendant's plea was that the 1 cattle were delivered, and that he was not indebted. Evidence was called at some length, after which Mr. Harvey, who appeared for the plaintiff,- said he would agree to a non-suit, which waa. granted accordingly, with costs. Camebon t. Wincombe. — Claim for £47 195. 6d. for cartage to the Lakes. Mr. M'Donald appeared for the plaintiff, and Mr. Button for the defendant. The defendant pled that tho plaintiff had consumed on tho road a quantity of oats exceeding in value the amount of his claim. Tho Bench found a verdict for the defendant. The Court then adjourned until eleven o'clock the following day.

Wednesday, 22nd June, 1864. (Before Matthew-Price, Esq., R.M.) Patrick Q'Loughlin, for being drunk and disorderly on the 21st inst., was fined 10s. Robert Gray, charged with being drunk in Esk-streefc on the 22nd, was fined ss. Civil. Casks. Pbbkins and Co. v. Cctmimng. — Claim for £-1 for goods sold and delivered. Noiappearance of defendant. Verdict for plaintiff for amount, = together with costs,. ....... Cabby. a*td Qrinusß/?. G-aebett.— Claim for £11. Defendant did hot appear, and judgment was given, in. favor of plaintiff, together with coats. • ; . '; •■'■■■■ Nth akd Mobbis t. Josbb. — Claim for £ — for goods supplied. Plaintiff, Bai4.ho, delivered tho* goods to ft Mr. Worthcn on defendant's account ; and that he (defendant) had subsequently 'acknowledged the fact of his having got the goods. Defendant denied this in (oto, and in consequoncb of the cohllictirig , evidoiico ..of the' partios, tho : Bcrfch; iatjthe request of plaintiffs,, adjoimiod tho case till the following day for the production of further evidence. : ;

Watsok v. Beaten xvp Campbell. — Claim for"£l3.6s. for wages as barmaid at Lee's Provinr cial Cafe. -The defendants were the assignees on Mr. Lee's estate, and having made no appearance, a verdict was awarded iv plaintiff's favor, by default. Cbichton v. Wilkinson.— Chiim for price of six cords of firewood, delivered. Defendant said he received only five cords. ; Verdict for plaintiff iv the suni of £3. ; Costs divided; - . > '. - Bujtok akd Co., v. M'lneilt.— Claims for goods delivered. Mr. M'Donald appeared for the plaintiff. .Defendant did not appear,.? and verdict was awarded; in favor of the, plaintiff by default ' Gbirve V. .M'Beak.— Action^.to recover claim for house rent. Defendant sought a verdict in his ay or, owing to -rent; claimed, not being yet due. He, however, afterwards acknowledged that an agreement had previously existed, stipulating said rentrto be paid'in advance, and that no fresh' or other arrangement had been entered into. The Bench., found, judgment for plaintiff, with costs. M'Nar Yi-rHu'TCHisov.— This case had been remanded jrom time to time for the production of evidence respecting the responsibility of parties' into whose i hands cattle had been put for the purpose of being broken in. v : Mr. Gareyi, a farmer .of many year's ..standing n this Province, s toted he had experience iiri breaking' in cattle for other parties. The usual, custom .was to pay £5 or £,6 for breaking them ux, besides the use of the animals for six mouths. There is no responsibility for the loss- of cattle. All' care, however, is expected to be taken of them, and if loss or damage is occasioned through neglect^ there ia,- of course, responsibility incurred., . Mr. Horton gave corroborative evidence in support of the statements of. the previous witness. Mr. South and Mr. Button then addressed tho Court. ; ' ' . . • The Bench, after considering the ovid^nce boforp them, found they could not agree. Mr. M'Culloch was in favor/of giving a verdict for tho plaintiff, on the : ground ithat if the plea of irresponsibility were established, the cattle one man put into another man's charge for a specific purposo, could scarcely be called his own. It .was a bad and wrong precedent to^establish. On tho othor hand, Mr. Tarlton held' that if there woro a ciißtom of the country which laid down the principle that the person having charge of cattle for tho" purpose of breaking them in was not responsible for their loss (if du^ and necessary diligenco were used, which he thought had hi this case been proved)^, then a verdict should be found for tho defendant. At this stage,- Mr. M'Donald, the counsel for this plaintiff, said he would consent to a non-suit. The plaintiff was non-suited accordingly. - A number of Town Board assessment cases we're adjourned untiLthe following day. The Coutt then rose^