RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume I, Issue 42, 6 September 1864, Page 3

RESIDENT MAGISTRATE'S COURT.

Moxday, sth Septekbeb, 1864. (Before H. M'Cullpch, Esq., R.M.) /AssAtriTiKQ- a Constable. — James Evans, for this offence, was fined in the penalty of £5, with the alternative of 24 days' imprisonment. Haweing Goods without >a Ltcekse. — Henry Phillips, for tliis offence at Winton, on tho 2nd inst, was discharged with a caution, having pleaded ignorance, and promised to take out a license. Dkttnkenitess. — Three individuals named Wilson, Patrick Sheppard, and James Barr, were mulcted in the usual penalties of 55., and 10s. respectively, for first and second offences. Chimney on"Fibe. — Thomas Cork, for neglecting to keep the chimney of his dwelling clean, whereby it took fire, on the 28th August last, was fined' 20s.,with ss. 6d. costs. Civil Cases. . milleb v. hewitt. Claim for £59 ,55. : due on a bill of exchange. No defence. Verdict for amount with costs. MILLER V. HEWITT. Claim for £75 3s. 3d on a dishonored acceptance. No defence. Verdict for amount with costs. . - CALBEB AOT) CO. V. NICHOLAS. Claim for £33 9s. 2d., being balance of account alleged to be due and owing to plaintiffs. Defendant put in a set-off of £4 6s. and disputed the sum of £4 11s. lid. for interest. The two disputed items were referred by mutual agreement to the decision of Mr M'Donald, who had given a verdict for plaintiffs. * Mr. Stock gave evidence to the sale of about two tons of iron to the defendant, in March, 1863, by him, as foreman to plaintiff, at £35 per ton. It was not an average price for iron at that time. I received letters from you as to the metal being damaged; I told you I could do nothing in the matter, but that you should go into the office. By Mr. Calder.— The regular price of iron at that time was £40 a ton. Defendant deposed to iron being sold as sound and without damage, and that he wrote to claim allowance for such damage, and that the foreman had promised any allowance that was fair and reasonable. The interest claimed he also objected to as being contrary to law. Cross-examined. — We agreed to abide the decision of Mr. M'Donald this morning. Mr. M'Donald gave his decision in plaintiff's favor. The Magistrate found claim for plaintiffs proven, and gave a verdict for amount claimed, with costs. CALDER AND CO. V. JAMIESON. Mr. M'Donald appeared for' plaintiffs, and Mr. Button for defendant. This was an action to recover £100, being price of stone belonging to plaintiffs at Riverton, and appropriated by defendant to his own uses. The stone referred to had primarily been agreed to be furnished by a party of men to defendant under a contract, but the stone afterwards had been transferred to plaintiffs for a consideration. After this ti-ansfer had been made, defendant, commenced to remove part of the stone, but plaintiffs sent written notice to Mr. Jamieson that if he persisted in doing so, an action would be taken against him. Mr. Blacklock, of Riverton, gave evidence of the facts of the case as above stated, and said that in defiance of the notice sent to defendant, he continued to remove the stone, which was in the whole estimated in value to £100. Cross-examined.— The debt of the quarrymen would amount to between £25 to £30. The men •were employed by Jamieson. The agreement (produced) betwixt the quarrymen and the plaintiffs was given as in security for their debt. It empowered us to hold or sell the stone if tho debt were not paid soon. Mr. Jamieson never told me that the men had no right to dispose of the stone. Re-examined. — The men were employed under contract to supply the stone. I sent one Simpson to see the stone. Duncan Campbell also saw the stone. Duncan Campbell, lately a salesman in the employ of plaintiffs, deposed to witnessing the signature of the agreement between the quarrymen and the plaintiffs. I saw the stones after they were removed by Jamieson. I canno.t say exactly the quantity removed. This was done a fortnight or three weeks ago. Allan Simpson gave corroborative evidence. Mr Jamieson, the defendant, deposed that Mr Blacklock told him in May last that the quarry men had made over the stones to his firm. I told him that the men had no right to do so, as they were exclusively my property. I produce receipts for payment for stones broken by the men at that time. The men were in possession of them then. I paid them nothing further after that time. Cross-examined. — By a Government contract (produced) I have a right to quarry stones. The men had no license. I employed them and brought them down from Invercargill. The stones quarried by those men would measure about 250 yards. They were taken away unbroken. I paid them £28 2s'. 7d. After this evidence, the Counsel for the plaintiffs elected to take a nonsuit. Nonsuited accordingly, with costs. DIXON T. BOGEBS. This was an action to recover value of damages done by defendant on his removing from the premises of the plaintiff. Mr. South appeared for plaintiff; defendant in person. After a great deal of conflicting evidence, a verdict was given for plaintiff, with 2Ss. costs. MTTNBO V. G-BUMMETT. Claim for £2 75., for goods delivered. No defence. Verdict for plaintiff, with 6s. costs. SAKE T. CASSELS. Claim for goods delivered. Defendant did not appear. Verdict in default, for amount, with costs. The Court then adjourned.