RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1271, 29 November 1884, Page 3

RESIDENT MAGISTRATE'S COURT.

Gekaldine— Wednesday, Nov. 26, 1884. [Before H. C. Baddely, Esq., R.M., and L. Walker. Esq., J.P. CIVIL CASES. F. Brown v. M. LTobbs—Claim £2 10s. Struck out, owing to the nonappearance of either party. E, Glass v. A. Spence—Claim £3 14s 7d, for goods supplied. K. Glass sworn, stated the goods were supplied to plaintiff's wife and family. Plrfintiff applied by telegram for an adjournment, which the Bench granted for a fortnight. K. Millard v. R. Johnson —Claim £24, for maintenance of a child. Mr Hamersley for plaintiff and Mr White for defen&ant.

Mr Hamersley briefly explained the case as follows : In January 1879 plaintiff agreed to take care of a child—one of twins—belonging to Mr Johnson, Mr Johnson arranging to pay 5s a rreek and find milk. This amount was paid for a considerable time, and thenan agreement was come to between the parties that the child should be adopted by Mrs Millard, and Dr Foster was instructed to prepare the necessaiy deed.

Emma Millard : I ana plaintiff in this case. I agreed with Johnson in January 1879 to maintain the child for 5s a -week ; milk was also to be fouud. This arrangement was carried out for one year and then 7s 6d a week was paid for the next year, and I provided milk. At the end of two years Johnson said he could not afford to pay for the child's board and wished to have it at home. I sent the child home and it was at home for three weeks. Mrs Johnston brought the child back and asked me to take her. She said she would get her husband to sign the document for me to keep her altogether. I kept the child till the 19th of October of this year. I was to go with Mrs Johnson to see Dr Foster about preparing the deed. I saw both Johnson and his wife before going to Dr Poster, The former said he was quite pleased with my arrangement about adopting the child. Johnson promisee, time after time to go and sign the agreement,

By Mr White : The first two years the instalments were paid every month —up till the 4Ui January, 18*2. I gave the receipt (produced) for £1 10s for one month's board. The child's age was a month or five weeks when I took it. It has never been away from me except for three weeks. Tam very fond of the little girl and wish to adopt it. The terms of the agreement to adopt the child were that Johnson should pay £B down and 3s a week ; the money to be paid intotheSaviugsßank for the benefit of the child.

Catherine Young : I know the plaintiff and defendant. Mrs Millard kept the child for four years and nine mouths. Ihe child was well kept. I went with Mrs Millard to Dr Foster's office about the deed. She said u\ Mrs Johnson's presence that Johnson had at last agreed to sign the deed. Dr Foster : I saw Mrs Millard f.bout a document, which 1 afterwards prepared for her but have unfortunately mislaid it. The document was never signed. Johnson refused to sign it, but be paid 10s 6d as half the cost of preparation.

This was the plaintiff's case. For the defence, Mr White called Reuben Johnson, who said : 1 am defendant. An agreement was made with Mrs Millard to board the child. I paid every mouth at the rate of 5s for the first year and 7s 6<i the second. At the end of two years we had the child back, as my wife was then able to lock after it, I never spoke to Mrs Millard about getting any document prepared so that she could adopt the child. I paid Dr Foster 10s 6d so that he should not have worked for nothing. Mrs Johnson, wife of the previous witness, said : 1 am mother of the child iu question, I received receipt (produced) from Mrs Millard on 4th January 1882. The child was sent home the same evening with its clothes, and remained at home for nine or ten months. Mrs Millard said she was very sorry to part with the child. The child was taken away in October 1882, and has ben kept away against my wish. I have had her home now about six weeks.

By Mr Hamersley : I never agreed to the adoption of lh" child by Mrs Millard. I never in the presence of Mrs Young said that J.il.jison had agreed lo it. I never saw D* Foster about it. The child was at home <ff and on for two years. B. Johnson, re called : I got the receipt (produced) from my wife, on the •Ith January, The cliiid was at home from eight to nine months. It was not with my permission or sanction that the child was kept away by Mrs Millard. Laura Frude and Mrs Scott wore ealled to throve that the child was very often at home. After counsel had addressed the Bench at some length, the Bench nonsuited the case, solicitor's fee, 2 guineas, allowed. Hinckley v. Crocker—Claim £3O 19s 6u, for goods supplied.—Mr White for plaintiff and Mr Hamersley for defendant.— this case w?s adjourned for a fortnight by consent of counsel to allow the parties to try and settle the matter by arbitration, as it would involve a long examination ot accounts.

Same v. J. Deans —Claim £BS, value of a coach and horses sold to defendant. Adjourned till 3rd December on application of defendant's counsel. •I'he Court then rose, several other eases being settled out of Court,