RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume I, Issue 46, 15 September 1864, Page 3

RESIDENT MAGISTRATE'S COURT.

Tuesday, 13th September, 1861. (Before EL M'Cullooli, Esq., K. M. There "were no cases on. the Tolico sheet thus morning. Civil Cases. beard v. g-iixe3 and others. Mr. Macdonald appeared for the defendants. — Plaintiff in person. Plaintiff, in this action, sought to recover the sum of £50, agreed to be paid him, by Mr. Q-illes, on behalf of himself and others as owners of the Scotia, Ou condition that the solution furnished by plaintiff should prove effectual when applied to canvas, of a 1 scale adequate to raise a vessel of the Scotia's size. Defendants put in the following pleas: — 1. — No*, indebted. 2.— That the contract was not completed.- 3.— That the defendants had derived do benefit from the eolation, ,

The plaintiff deposed to\ the agreement made between him and Mr. Giiles on the 13th July last; while he was fireman of the Scotia, that , he wag to receive a bonus of £50 to impart a knowledge of a solution which should prove "successful, other arrangements being perfect. . .- He further maintained that a proper trial of the solution was not made, because tho bags used were torn. Cross examined-— I objected to the canvas when I first saw it. One part of it was inferior to the other, and part was rotten. One of the bags .was cut, which I pointed out to Captain Bendall. Frederick Mitchell and John Andrews, gave corroborative testimony to the bad quality of the canvas used. ' For the defence, Mr. .Giiles deposed to tho canvas employed being the vei'y best which could be got, and also that one of them, when coated with the solution on shore, had collapsed greatlj in the course of 24 hours. Captain Bendall and Mr. A. Smith deposed to the action of the bags during the trial of the raising of the vessel, after which. The Magistrate said plaintiff had not made out a case, and accordingly gave a verdict in favor of defendants. The Court then rose, Wednesday, 14th September, 1864. There were no criminal cases this morning. Civil Cases, francisco v. dicks., This was an action to recover £38 9s. on a promissory note payable on demand. Judgment for amount claimed, with costs. SPENCE BROS. V. MACKIK. Mr. Bethune, for Mr. Harvey, applied to have plaintiff nonsuited, with costa. Nonsuited accordingly. The Court then rose.