RESIDENT MAGISTRATE'S COURT.

Colonist, Volume IV, Issue 352, 8 March 1861, Page 2

RESIDENT MAGISTRATE'S COURT.

[Before J. Poynter, Esq., Resident Magistrate.]

. Wednesday, March G, 1861. John Percival v. Henry Sait, for rent, £7 ss. 9d. Mr. Travers for plaintiff. Mr. Sait said an overcharge bad been made, but the other items in the account were admitted: a set off, amounting to £3 145., was put in for whitewashing, &c. John Percival sworn: I let a cottage to the defendant in question, at the rent of 4s. per week, for about six weeks; lit wanted it for 3s. 6d., but I refused : I am quite positive of it. Thos. Marsden, the proprietor, sworn : Percival had no business to let the property, and no business himself there ; the house was uninhabitable, without roofing. Ido not recognise Percival as my tenant,-he went there without my permission. "Henry S.iit bwoiii : I refuged the house in question by the authority ot Percival, prior to taking possession; told Percival I had done so, and he agreed to pay a certain part only—viz, for the posts and rails. He told me that, as I was living on the spot, I was to make the necessary repairs, and charge for theiu by being deducted from the rent ;'j£3l4s.. is treasonable charge for the thatch-

ing, rushing, and straw. A dung heap, which was vcy offensive at the !i;u.k of the house, was removed by me, for which I paid 15s. Cross examined: A man by the name of Walker thatched the house, fry which I paid'los;, and the rushes I cut myself, for which I claimed a day's labor, 6s., —paid 3s. for straw : a man was employed to whuewash the inside of the cottage ; he was there near upon three days, and think I paid £1; —the man's name was Small, of Stoke. I paid 15s. for carting manure to Walker. Mr. Cundy was the carpenter; he was two days there, —paid him £1. Mr. Sait was present when the agreement was made. John Percival re-examined: I did not authorise Mr. Sait to do the repairs; he never forwarded mo any account for them. The Magistrate said he should take the evidence ot tlie plaintiff—the evidence of the defendant not being very clear in the matter. Allowed £2 14s. for thatching—costs, 3s. John SiggMow v. G-roohy for £2 10s. Mr. T ravers for plaintiff. J obn Sigglekow sworn : Grooby obtained the service of uoy horse to the amount of £2 10s., as Bgreed upon. I rendered no account, but it was stated in an advertisement;. Judgment for the amount. Same v. Perepe, a native, for the service of two mares, £2 10s. each. Judgment for the amount. Nicholson v. C. Balme for ,£lO 10s. 2d., and interest to date, amounting to £11 5?. lid., for balance of a promissory note. Mr. Travers for plaintiff. Chas. Harley proved the handwriting of the defendant, and said he had called at the office and promised to pay it.Judgment for the amount. C- and J. Elliott v. Avon Mendom for £1 17s. 6d., for goods and advertising in the Nelson Examiner. - . ■ Edwin Sinallbone sworn: lam clerk to Messrs. Elliott; I produce the registry of advertisements proving the debt. Judgment for the amount, with costs 3s.

Judgment for the amount.

Judgment for the amount.

Thursday, March 7. ' William May, of Nelson, blacksmith, was charged with having assaulted Joseph Henry, a gardener, on the sth instant. The scene chosen'for' the occurrence was at the sale of Mr. Nash's effects in Bronti^street, where both parties had been engaged to assist at the auction, and their duties would have been very ably performed if it had included an energetic display of capacity for breaking crockery, and scattering in dismay a goodly attendance of purchasers in the settlement of a dispute that arose between them. This cool departure from the paramount duties for which they were engaged, and indulgence in their peculiar way of settling differences, to the annoyance of everybody else on other matters bent, was more than usually ill-choben, and produced some harlequinade with plate 3 and bottles that went far to make up for the Ion? interval that has elapsed since Monsieur Klaer delighted us with his displays with similar articles. -The audience on the whole, however, did not relish the effort, and they were very properly recognised by the Magistrate yesterday requiring the aggressor to give a £20 bond to keep the peace for six months, backed by the addition of two friends in £15 each.

Christopher Lange, of Waimea West, was charged with waylaying and committing a violent assault on Emmanuel Eban, on the 30th day of January, with intent to do him, the said Emmanuel Eban, serious bodily harm.

Owing to the absence of the prosecutor, he was remanded until Mondny next. Bail was refused.