RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume I, Issue 78, 29 November 1864, Page 3

RESIDE N T MAGISTRATE'S COURT.

PaibA-f, 25th No'vbmbeb; 1864. (Before H. M'Cuiloch, Esq., R.M) Citil Cases. - BbEBUCIC T. BAKKB. f Mr. 'Harvey for defendant j Mr. Macdonaldfor plsmtilT. , Claim for £43 Us. 3d. on a promissory note •ccepteJ by defendants, and endorsed, by Robertson and Co., auctioneers. f The defence was that Mr. Eoebuck did not lawfully hold the bill ; that it was accepted for the accommodation of' Robertson, and that ho (Robertson) haJ released him from all liability. •*' Plaintiff state J that he held the bill as trustee in Rooertßon'a estate. The deed was, he believed, , now in Dunedin. >t' Counsel 'for defendant in9istodthat it was in cumbent on defendant to prove his appointmenl * , as truatee, and ho applied for a non-auit oh this point. Mr. Chapman proved that the bill was'granteu for ca->h advanced to defendant. Mr. Alacdoual « submitted that plaintiff, as enJ' donee, was perfei'tly entitled to sue, and it wab well known that such bills were negotiable docu zneniß. . ... ' ■ • The Magistrate decided to reserve the point. For the defence, Mr. Harvey called defen,dam ) to prove fchwßoberUon kad.releasad him from ah '- itafiUtyl and «hai *U« b«U f w» 8 .» pure matter oi fwm! J>ei«adtat b*4 oiTey»d £» luutiff t« -«■ ' ' t ,* - , -.

but he jbhought he might- as well jdo'tlia^aa gTve'a 'nte^um^fof defeiSain^'ttKW* i6Sse; j The Magistrate .said reserve his dejcuion- on- the evidence and „ points.,, inyclved til] [lifondaT; <;-";••« y *-h -V-^ "' : vf{^-,- ■--. .-- . - ' : I ' ' r '''['iisp'ri 'ivfaiwmjjJ.' ku ■'- :■•- --| Mr. Harrey. for plaintuflf.-'H Defendant in perJBon. | - Qlaim for £2, for horse, hire. Verdict for doWi'dant; with costs'— l7b '" Ji ; ;; '"' -4 ." > ' Jf | KINGSIiAND V.,;jQHNBTqN. -:}-'■■ 'iClaim for £3 4s. * /So 'defence: ' Verdict iffor plaintiff, for amount, with cqats , 75 ... , "•}- ; - :: ";*'. : "-'* j M'COBItICKV. afijJBUiSB A^D^BJSOWp'-f Mr. Harvey for plaintiff j-'and'MK'Macdonald for defendants. T , N !- ; .. i- " ; ' " ; ' .;;* This wag in." Action- to -recOTer r i62(); for rations i and loss of time.^ "X : : ; 1 v" ;i :I"^;'; '' '' '-^^ ' Plaintiff deposed that h'e' and family had been engaged ■'* by -defendants, acting for Sir Thqmay Pasley , "for' six inotiths, ■ on, his .&rm at. -O teramika. LatelyF.a--somofTMr.-Paelle^came to.tlni.faroi.and saiu he would manage it mmselfrwhtcn plaitititt; a|berisieeingjd?,fendants^greed to, -provided, he. was Slowed rations for the remainder of his term of engagement. defendants.;, were 'not* em; powered to grant, this"; and he had charged a,\ the rate of £2 per week, which he considered reasonable, seeing that it' was under what it actually cost 'his famSy for rations;' -He -had not beeja found fault with in any way on the farm. jU ;v T^ evidence of plaintiff, and judgment was given for : aiSo^mt^^fii*4 : 5YSc^ ;'■■ The. Court.then rose. . "n : % ~^^^^~ ■ « t"' ; ' * • Sattjbdat, 26rH .Nor., 18S4. § (Before H. M'CuikJoh, Es<^ TR.11.) '£l '5; John M'Connell, for being drunk, was fined 109.' 'with the, alternative of twenty -iour hours ii.ap.ri-.' iibnment. ■'"' '-' " *' The Court then rose. „ .. ... ... „.;. ,,.,.,. .., - 28in L Nov.-, 1864. ■ \ (Before H. M'Oulloch, Esq., R.M.) Antonio JDqniingo, ibr being drunk and dis-'. orderly on tlie 27th in9tant> was fined. 10a. or 48 hours' imprisonment. ■■. , ■ " ; ' . / ,• Civil Cases. RoSbtjcb: v; Banks.t— The Magistrate nqnsuited plaintiff with costs. Mr. Macdonald for the defendant gate notice 61 appeal. :' Otaekwa : Road Trustees v. M?Fablake.-— \ Claim for ..Road assessment. . No defence.. Verdict for amount, with costs. •. 7 ; HENDERSON V. ROBEBTSON.— CIaim for £8 3s; Bd. for goods sold and ? delivered. No defence; Verdict for amount with, costs. ' i WHITIN& V. PBEESIAK. ; ; Mr. Harvey for plaintiff; Mr. South for der fondant. ' ' ■ - ; '■■'-.' r ■ -.- ■•: .- • . . This was an' action "to" recover value of a cow and calf alleged to be. wrongfulJy detained (£24), and dsjnages in«uirri;d through lo»s of covr at.2Bsi per week. The; defendant pleaded a generalder nial of the allegations. . .....' f , ;;flaintiff deposed ... .that he was a .settler, at Waikivi, and described the cow in question. Bought her at Mr. Blacklock's sale. Had her two year* till he lost her. : When he saw her in .Freeman's possi-s^sion he asked liim how he came by her. He said slie waa'giyon to him, by Coxon tbe^butciier. Witne'sß said it waa not his. The cow coat witness over £20. Newly calved, thi: fair value would be £30.;' She would be worth £3 » week. Freeman has hot given her up to me, ■or ever spoke to.me about her.' : > ■; 1 ' ' Cross-eianiined — Erom the time witness missed the cow to when he saw her in Freemaa'a possession was. about fiye months. Saw her about three weeks, agcT there. Did not help to drive , "the cow into Mr. Freeman's yard. VVitness epokb to him asking hini if he would give up' the cow,' a» it was his. Freeman said he had had the cow for the nine months past. He did not offer to give her up if witness could prove her to be his. He said he would give her up for £1. H» said ' sha was his cow. Re-examined — Whatever the brands are, the co w -I saw at Freeman's is mine. ■ ' Mra.' Whiting deposed to knowing the cow. Witness then described the cow, and where it was got. Was last seen ; about latter - end of June. Three weeks ago saw the tiow tied up: in Freeman's yard. Asked him if ho would be kind enough to give up the cow. He said he would not. He said he had had the cow five months ; and that j Clarke, the butcher, gave it him (Witness here j handed in cerfciiicate of purcnase of cow at sale). Cow gave four quarts full/ over keeping t;ak'. Used to get Ib. per quart for milk. Cow worth. £20— with calf, £24. Re examined. — Have no doubt whatever that the cow is our property. ; ".. S^rgeunt Butler deposed to a conversation whi:h took place betwcee the parties, during which Freeman said that the cow was given him by a Mr. Clar,ke, the butcher, but that he would give her up if the plaintiff could prove the ownership. Thomas Sadler deposed to knowing the cow, and that in July last she was worth from £16 to £20. A discussion here ensued as to the conversion. the Bench holding that Fswman came into lasvfui possession. Mr riouth then opened the case for the defence, and called Mr. Freeman, who deposed that Clarke, the butchcir told him that an old cow, which would not feed, was in the bush, and if he (witness) caughther, he should have her. Saw her for the iirst time ab'iufi three weeks ago, near the bush' &re. •Whitting. assisted uome other men to drive' the cow into the yard. When, she was put into the yard, he asked witness from whom he had bought the cow. Witness told him he had got it from Clarke, but offered to give it. up when the ownership was proved. Whitting was most violent in his conduct, and acted like a madman. Witness never refused to give up the cow. Re-examined. — When Clarke gave me the cow I had not seen it, but he had described it. Whiting appeared to be in company with' the men driving the cow John Raymond, James Calhoune, J. M'Kellop, and J. Freeman proved the driving of the cow into the yard, ; w|th -Whitting assisting, . : ; .Mr. Louis- B.Q-illes (of 1 Carey* and Gilles) deposed thae he' had seen tho cow in question, and i v bn»idered;it'dbnbtful if she would fetch £5 at a 'idle. - v ■ ■•'-■-.■•'.•■■:■-,-•... Cross-examined. — I have known cows; fatten 'when: tied up. , , The cow :was an old one. . .Counsel having acldressed the Court, } \ :. JudgmentJwas awarded f0r. ,£29 and costs, or ; cow. to be. restored; with £5, for value 1 of milk. .;. ; .; : ; : „!.. .^OUNG-'yrpHENifELSr' ;'"'; ] Claim for £3 3s'., for a truss .and medical at- , tendance. Juiigment for amount., with' costs. • The~ Court" ffiottrbSe.' " ; '-J'-'X- ■