RESIDENT MAGISTRATE’S COURT—Yesterday.

Thames Guardian and Mining Record, Volume I, Issue 250, 27 July 1872, Page 3

RESIDENT MAGISTRATE’S COURT— Yesterday.

(Before W. Fhaser, Esq., R.M.) W. AVENAL V. 11. DONKIN. This was a judgment summons for £7 sssd. • Defendant was examined as to his means and ability to pay the amount which which judgment had been obtained against him. Defendant said lie had offered to pay 5s per week, which was all he could afford, but plaintiff refused to take it.

Mr Avenal now said lie was willing to take 5s per week, and the Court made an order for the defendant to pay at that vate, or, in default, one mouths’ imprisonment. JUDGMENT FOR PLAINTIFFS. Conroy & Foss v. Elizabeth fry, £ll Is, for goods; W. Vercoo and others v. George Stephenson G.M.O. £2O 17s 9d, for work and lal or ; P. Smith and others v. George Stephenson G.M.C., £24 Is Bd, for work and labor ; D. Grove and others v. J. McCormick and others, £2O 17s Gd, for work and labor; W. Eassie v. J. D. Fitz Gerald and S. A. Breach, £6 10s, balance of wages due for working at the Egl in ton battery, at £2 10s per week. I). LUSTY V. SCIIOLER. Mr Macdonald for plaintiff, and Mr Tyler for defendant. This was an action to recover £5, for damages for the unlawful detention of a “ swag.” Defendant stated that lie is master of the steamer Lalla Rook, and Mr Lusty was a passenger by her from Coromandel. Mr Lusty had not paid his fare—or, at all events, produced no ticket as the other passengers had done, and his swag was consequently detained. Mr Lusty stated that ho had paid his fare, had received a ticket, and gave it to the captain. • He produced a ticket, which he said lie got from another passenger who must have been the man who did not pay. By Mr Tyler: I was not drunk at the time. Captain Sclioler was recalled, and said Lusty was drunk, so much so as to require assistance to prevent his tumbling off the bridge. Robert Hook, steward on board the Lalla Rook, stfted on the day in question there were 14 passengers, and lie sold 13 tickets only. Lusty was drunk. The

captain detained the swag for non-pay-ment of the fare. Mr Macdonald quoted authority to show tlie captain of a vessel has a lien on the luggage of a passenger under such circuinstances. Mr Tyler said there was no evidence that Lusty had not paid his fare. The R.M. said he had no doubt the man did not paydiis fare, and must give judgment for defendant. J. HE ALLY V. R. JENNINGS. Mr Macdonald for plaintiff; Mr Tyler for defendant. This was a claim for £SO damages foi non-delivery of scrip. Mr Manle, sharebroker, stated that or

Saturday, 13th July, he was commissioned by Mr ideally to purchase some Caledo-

nians. Mr 'Jennings agreed to let him have two Caledonians at £l9 ss. Witness closed the bargain. Jennings told him to bring a transfer. He did so. Jennings then asked him to pay cash. Witness offered a cheque, but he said his partner was going to Auckland the same night, and wanted cash. It was about 7 o’clock p.m., and witness said it was difficult to get the amount in cash at that time of night. Witness offered him a £5 note, aud the rest by cheque. He said that would not suit. Witness then went out

and tendered the cash, asking for a transfer of tho shares, but he refused to give it. Witness went again with Mr Heally on the following Monday witEThir money, but he would not deliver the shares. The market was rising at the time, and shares went up to about £SO on the Tuesday iu Auckland, and about £45 here. By Mr Tyler : Nothing was said when tho contract was made about payment in cash. I told Mr Jennings I had a buyer. Mr Burns did not hear all that took place R. Jennings, the defendant, stated that it was agreed the time the bargain was made it was to bo a cash transaction. Agreed to let Mr Maule have two Caledonians for £l9 5s fur cash. He offered a cheque. This witness would not take because Mr Maule’s cheque had been often dishonored. Ho said he could not get 'cash at that time of night, and witness said the bargain was off. Two hours afterwards he came with the cash, but witness refused to give him a transfer, as the bargain was oil’. Witness sold Caledonian shares that night for £l9 or £l9 ss. Sold another at £2O : that was the the highest. It was not on account of the rising market that the transfer was refused. The highest price for Caledonian shares that night was £26. On Monday they were £24. J. F. Bum deposed to being present when the transaction took place between Mr Manic and Mr Jennings. Witness was consulted by Mr Jennings in the matter, and told him to get cash as witness was going to Auckland that night. It whs agreed that it should bo a cash transaction. Mr Maule said if was impossible to get cash that night, and Jennings then said the sale was off. Some time afterwards Maule came back and offered cash, but Mr Jennings would not take it. P. Griffin gave corroborative testimony that this transaction was for cash. The R.M. gave judgment for plaintiff for £ll 10s, and costs, £4 12s.