RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 1815, 7 November 1873, Page 3

RESIDENT MAGISTRATE'S COURT.

(Before H. M'Culloeh, Esq., R.M.) Tuesday, Notembre 4. Elliott v. Royds. — This was a claim for £2 10s, being for cartage of hay by plaintiff, the work occupying two horses and two drays one day and a half. To the claim a set-off of £1 10s was put in, being for hire of dray to plaintiff by defendant for seven weeks. The set-off was allowed, and judgment given for balance, being £1, and costs, £1 3s. Mathetoit and Smith v. Purdue. — Plaintiff* claimed £27 15s Id for goods sold and delivered, and there being no appearance of de r enclant, the debt was duly proved and judgment given for the amount claimed, with ccsts, £2 6s. Scott v. Neill. — Plaintiff herein claimed £18 as the value of eight head of cattle belonging, as was averred, to plaintiff in right of his wife, and which cattle defendant refused to deliver. Mr Wade appeared for plaintiff, and Mr Harvey for defendant. The facts were that the parties had been partners in the neighborhood of Forest Hill, and six )years since dissolved partnership, and upon the settlement resulting, plaintiff wished to makd a present of a heifer to defendant's wife, which she declined to accept, but suggested that the gift should be made instead to an adopted daughter of hers, then resident in the hoiue. This proposal was apparently acceded to, and the present made. By the law of nature the heifer had increased to the number stated in ■he summons, and plaintiff having married the young woman, naturally expected the stock to be transferred with her. To this defendant demurred, alleging that the heifer had been originally given to his wife, and had only been transferred from her to her adopted daughter nominally, and contingent upon her good behavior. She having married plaintiff contrary to the wish of defendant and his wife, the condition of good behavior was held to have been violated. The question was really, whether the gift was absolute to defendant's wife, or to the adopted daughter, and the case was adjourned Jor a week to obtain, if possible, the evidence of Mrs Neill, she being, as was stated, at present in a bad state of health.