RESIDENT MAGISTRATE'S

Thames Advertiser, Volume VII, Issue 1786, 11 April 1874, Page 3

RESIDENT MAGISTRATE'S

OOUET.-Yesteediy. (Before W, Fraseb, Esq., E.IT.) • JCTDGMBNTB FOB PiAINTIFFS. —J. Elliott v. S. Martin (cash lent), £2 2s (execution to be stayed till an action for an alleged contra account is brought) j W, Knight v. J". W. U.. building (dishonourod cheque), £12 10s j U. Utter v> J. Brown (goods), £213 a 3d j ft. Hulme v. K.MoCartie (goods), £815s 4d i 0, A.-. Eayson v, T. Glen (board), £1 18s j E. Honiss v, Hartiogkon (rent of Theatre Jioyal for one evening), £2 Oasb Adjoubned.—K. Turner v, Thomas Manning (goods), £1 6s, adjourned till 10th July i ft. Multfe r, W, rioaunimt(noodi>), £3 U 311 J. M«Ro> iwtn. v, W-, A, Mklng («Wh fill) i ISa od| H, Jioaoh ft H, Campbell (wages), £4 lis (this oase was adjourned [till Monday on a certificate from Br. 1 Lethbridge that defendant was suffering from a mining accident, but plaintiff and another man stated that he had been going about since the accident). . G. BOBUANH V. ,0. McDoNAID. '—This was a claim for £5 damages for the loss -of two goats,, the defendant havin?' impounded tlieui and demanded £2 10s for damages, he having no right to demand damages as he had not a legal fence.—Mr Tyler appeared for the plaintiff, and Mr Macdonald for the defendant.-Mary Wilson, wife of the poundkeoper, deposed that on tho 6th February Charles McDonald brought two goats to tho pound, and put £2,10s on tliera. Tho goats were defendant's, and one died, and the other was Isold. Defendant said the goats haddeI stroyed vines and vegetables at his place at Tararu. Bormann came to tho pound, but would not pay the £2 10s, as he thought 'the charge was improper.George Graham, a boy who looks after the pound, .deposed to the goats having been brought.—Plaintiff deposed that ho lived at Tararu. In February last, he owned two goats. ' Defendant had a house and garden at Tararu. On the 6th February lie saw McDonald's wife driving the goats towards Shortland. He spoke to hor. ,He afterwards returned to the pound, and found tho goats there. Mr Wilson told him that he could not get the goats unless he paid the amount of the damages claimed, £2 10s. Both, goats were in milk, and he was receiviug three pints a day from them. The fenco* at McDonald's place was made of bush posts and rails, sometimos two and sometimes three. The. materials were saplings. It was not a post-and-rail fence. Some of the rails were nailed on to the posts, and' some tied on. There wore gaps iu the fence that cow's could go in and out. It was plaited in with toa-tree, and there were breaohos in it. Defendant had told him that he could not suo for the goats, as tho placb.was now under the municipality.—Thomas Brown deposed to the , samo effect.—Annie MoDonald, wife of'the defendant, deposed that sho had bought a goat for la which was as, good as either of tho goats impounded. — Another witness was examined as to tho worth of goats.

—Mr Macdonald admitted,,that his client no right to claim £210s for damages, as the fence was not a substantial one. Judgment was given for the plaintiff for £2 ss, and costs £2 13s. His Worship agreed to stay execution for a week in order to allow y defendant to bring an action for the. damage he had sustained. M. Bebeh t. H. J. Babpbovb.—This was a claim of £5 damages for plaintiff's boy having been bitten by a dog belonging to the defendant. -Defondant had been convicted before the Police Court. —At the requost of the plaintiff the case was adjourned till Monday. Thoha's Bbighouse, Sen,, v. T. Walkee.—Mr Tyler for the plaintiff, Mr Macdonald for defendant. Claim £6 for wages. Plaintiff deposed that he had gone out to Kauwaeranga to work for Mr Walker on an agreement as to a partnership which which was to be drawn out. The agreement was. to be drawn out within a week, but this was not done, and then he worked for two weeks more, after which Walker produced an agreement which he could not consent to.. He now sued for his labour at the rate of £2 per week. .He had received 381. One of his boys had been employed for three weeks, and another for one.—After hearing the evidence of defendant, his Worship gave judgment for the defendant, on the ground that plaintiff had gone to work as a partner. *