RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume I, Issue 51, 27 September 1864, Page 3

RESIDENT MAGISTRATE'S COURT.

.(Before HL M'.Culloch, Esq., R.M.) Saturday, 24th September, 1864. House Stealim*. — George Brown was brought up on tliis charge, but the case was remanded for a week, for further evidence. The Court then rose. Monday, 26th September, 1863. (Before H. M'Culloch, Esq., R.M.) Thomas Connell, for.being.druuk, was fined 20s. Bridget Crack, for a like offence, forfeited her bail, in default of non-appearance. Civil Cases. siStPsoir and OTHEita r. cuarsrrxGs and OTBCEBS. " Mr. Button appeared for the plaintiffs. Mr. Harvey appeared for the defence. This was an action to recover the sum of £100 as damages sustained by defendants in consequence of a breach of an agreement existing betwixt the parties, whereby plaintiffs covenanted to cut timber for the sawmills of the defendants for the period of twelvemonths. The plaint set forth that in pursuance of such agreement the plaintiffs cut and cleared iv the bush, ready to be delivered, 90,000 feet of timber, which cost thera the sum of £123 5 s., and that in consequence of the defendant's refusal to receive the timber, the plaintiffs chvm to recover the sum of £100. The defendauts pleaded ; (1) that thero was no agreement as alleged ; (2) that it had been agreed upon before any breach of the contract, that the agreement should be rescinded; (3) that the plaintiffs were not willing and ready to deliver ihe timber as alleged in their declaration; (4) that the defendants were never indebted as alleged ; and (5) they deny all the material allegations. Th* agreement between the parties was produced and read to the Court. There was a subsequent agreement, however, to the effect that the contract for the delivery of the timber was to stop "for a time," tho plaintiffs having at that time cut the timber sued for, and the defendants maintaining that the contract was at that time wholly rescinded. . . The Magistrate reserved his judgment on the points raised till the following morning. HABNETT A.-vD CO. V. SCOTT. This was a claim of £16 Is. for advertising, &c, on account of the Caledonian Society. The defendant pleaded " not indebted,' as he was acting only as agent for the society. He said he had ordered some of the items claimed for, but others he had not -, and further, that he never received any moneys or disbursed any on account of the societv. . Judgment was given for the plamtilis— the money to be paid iv a fortnight. Harnett axd Co. v. Levy. — Claim for £3 los. 6d., for advertising and printing. Verdict for plaintiffs for amount, with 7s. costs. The Court then rose.