RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1128, 31 July 1883, Page 3

RESIDENT MAGISTRATE’S COURT.

Temuka—Monday, July 30, 1883.

(Before D Inwood, Chairman, and F. H. Barker, Esqs., J P.’s.) DRUNK AND DISORDERLY.

William Campbell, charged with having been drank and disorderly in a public place, pleaded guilty and was fined L 3, or seven days’ imprisonment. CIVIL CASES. H. Brosnahan v. T. Malcolm—Claim L2 12s. There was no appearance of the plaintiff and the case was struck out, W. Klee v.H. Smith—Claim LI ss. Judgment by default for the amount claimed and costs, W, Nichol v. Henry Williams — Claim Ll 4 8s 6d. Mr Aspinall appeared for the plaintiff. The defendant objected to the case being heard on the ground that the Court had no jurisdiction, the cause of action having arisen in Ashburton. Mr Aspinall pointed out that as both plaintiff and defendant resided in "Temuka the Court had jurisdiction. The Bench decided that they had jurisdiction, and the case proceeded. The plaintiff stated that he let ahouse in Ashburton to defendant, and that the amount remained due tor rent.

The defendant admitted that part of the claim was correct, bat said he had paid L 3 more than he had been given credit for to Mr Poyutz, of Ashburton, who was acting as agent for the plaintiff. He had no receipts for the moneys he paid because he paid it by instalments, ani he slipped it in a letter into Mr Poyntz’s letter box. The Court gave judgment for the amount claimed and costs, remarking at the same time that the defendant could recover from Mr Poyntz moneys which he had paid to him, and which he had not accounted to the defendant for. F. Franks v. D. Heffernan —Claim LI 10s.

Mr Aspinall appeared for the defendant.

Mr C, Franks appeared on behalf of his father, and stated that on last Court day the case had been adjourned for the purpose of allowing defendant time to procure an important witness. He had since paid 15s into Court, and filed a set-off for another 15a. The plaintiff had witnesses present on the last Court day, and now he ‘isked for their expenses. The set-off was for two casks, for which there five gallons of beer due to defendant. He was willing that these five gallons of beer should be allowed him, The defendant admitted having got a 15-gallon cask of beer from plantiff, the price of which was SOs, He bad delivered to Mr Franks two casks, for which he was to have received six gallons of beer. He applied for the beer after the fire, but Mr Franks said be could not give it as it belonged to the Insurance Company.

Mr C. Franks denied that the defendant ever asked for the beer. Plaintiff • Do you say I never asked for it ? Mr C, Franks : I do. Defendant ; You have a good cheek, too. (Laughter,) Judgment was given for the 15s paid into Court and 1,58, and the defendant was allowed 10s for the two casks. C. Franks applied for witnesses expenses, but only the Court costs were allowed. The Court then rose.