RESIDENT. MAGISTRATE'S COURT. TUESDAY, NOVEMBER 9.

Colonist, Volume II, Issue 112, 16 November 1858, Page 2

RESIDENT. MAGISTRATE'S COURT. TUESDAY, NOVEMBER 9.

Before the Resident Magistrate. Joseph Brade, steward of the Chieftain, was charged by Captain M'Lean with desertion. The charge being fully proved, he was sentenced to one mouth's imprisonment with hard labor. Wednesday, November 10. Fairhall v. Matthews.—Action to recover £12 on a promissory note. Defendant admitted debt. Judgment for plaintiff and costs. Gorrie v. Lewthwaite.—To recover the sum of jg47 16s. This case, adjourned from No* vembcr Ist, in order that the disputed work might be measured, was resumed on Wednesday last. V . , . W. Itout sworn, said: He had been called upon to measure the work of Gorrie. There' appeared a charge of 7164 feet, and 25 feet afterwards, which he had calculated, and considered the amount charged to be correct. Di Burns sworn; Agreed with first witness,' believing that plaintiff had charged proper quantity. Judgment for the plaintiff, Mr. Gorrie, for .£46 3s. and costs. J. W. Sigley was charged with being drunk and breaking windows in the house of Joshua Sigley. After a severe reprimand, .he was fiued £1 and costs, the worthy Magistrate remarking, that in consequence of the sincere contrition he expressed, he should fine him that only, but gave him a caution for his future con-" duct-that appeared to have a salutary effect. T. R. Berry v. G. Aiken.—This was an action to recover _£13 135., for the use of a waggon entrusted to defendant. • T. R. Berry sworn, said: I owed defendant an amount of £29 lis. 2d. on a dishonored bill in February last, subsequently paid by me. It was paid under execution. A waggon was deposited with defendant to secure the amount, and to he sold for £4,2, and he was to pay himself put of the money. It was not sold. After debt was settled got the waggon back; about six weeks ago. It was not in the same condition ; the pole was wanting, tholepin gone, and damaged in several places. I value the pole at £3 35., and never authorised defendant to use the.waggon. * " W. Scott sworn, said: I know the waggon referred to. Have seen it in defendant's posr session. Have seen Gardiner use, instructed by defendant. Have been asked by him the charge of carting several thousand feet of timber. Told him Bd. a hundted. He said he could get it done ..cheaper. A day or two afterwards saw - timber removed by Gardiner. The waggon is worth Bs. a-week at least. Rebecca Berry said : I delivered the waggon to defendant. The waggon appeared in a sound state.; Never authorised defendant to use it. Was in use same evening. Saw Gardiner using it several times. Joseph Gardiuer: Remembered defendant offering the waggon for sale. Said he would not buy it till he had a trial of it. He had a trial of it. * Thomas Wimsett deposed that Berry called on him, and pointing out the pole, told him not to return it, as he was going to summons defendant for it. Told Berry he had orders to take it up, but Berry told him not to return it. The tholepius are at my shop. I believe the pole to be as sound as when left there., Judgment for plaintiff, £1 19s. 2d. Friday, November 12. James Stewart, seaman of the barque Chieftain, was charged with embezzling the ship's cargo. Prisoner pleaded ignorance of his ac- ' tions through drunkenness. Sentenced to six weeks' imprisonment with hard.larbor. Monday, November 15. G. Avery, Nelson, laborer, was charged with being drunk on the night of Saturday last. In consideration of the penitence expressed by the prisoner, and having been confined two days in the lock-up, his sentence was mitigated to ss. and costs.

The Compensation Commission.--A meeting was held at the Court House yesterday, before Mr. Domett, Mr. Kingdon, and Mr. Thompson, to hear the different claimants for compensation for breach of contract by the New Zealand Company some years ago.- Ten or twelve of the claimants were heard upon oath, / and confirmed by witnesses where it was practicable. Several of the names called were not answered to, and some question having arisen . upon a piece of paper produoed by one ofthe -. claimants, the Commission adjourned the for- - * ther hearing of the cases until this day (Toes- t day), when the inquiry will be again opened/ " The Theatre. —On Friday last the bill war s played through 'according to our last .notice, and ■ with the same success, that has previously at» tended the production of this very popular play. Having commented upon it the'last .time it wag ' produced, we will only add that we think'C6?o-,; nel Dumas was rather too forte for,» b)d»;;; man, otherwise it was well played. &..Clin-y^ ton sustained the character of BedusarU wfyh iifa usual ability; and Mrs. Clinton dewrves special ?

mention for her Widow Melnotte. Our old friend Glavis made this one of his best characters, as before; and the evening concluded successfully with the farce How to Settle Accounts with your Laundress, which went off very well. To-morrow (Wednesday) the capital play of Don Cesar de Bazan will no doubt prove successful; ifc will be followed by the amusing farce of The Captain is not A-Miss ; and. on Friday, the last night of Mr. Cox's .engagement, will be presented the Scottish melodrama of The Warlocks of the •Glen, to he followed by two new farces. We hope that. such endeavors to furnish novelties will be rewarded by bumping houses. .. Cricket.—We find there is a growing disposition among us to revive this excellent old game, as it has been somehow a little in disuse latterly. We are glad to find it once more revived, and wish by publicity to induce entries into existing clubs, or the formation of others. We see that some are practising on the plot of reserved ground in Toi-toi Valley, and others in the Botanical Garden ground that is to be. The former is the most spacious and level, but the latter is perhaps a little nearer town. From what we see of the play, we should not be surprised if there were to be some good matches come off this season. Hope School.—The sixth anniversary of this school will take place to-morrow (Wednesday), and at five o'clock in fche evening there will be a tea meeting. The chair will be taken at half-past six o'clock. We hope there will be a full meeting, as too much importance cannot be attached to the working and development of institutions of this description.