RESIDENT MAGISTRATE'S COURT THIS DAY.

Thames Star, Volume XII, Issue 3974, 23 September 1881, Page 2

RESIDENT MAGISTRATE'S COURT THIS DAY.

(Before H. Ken rick, Esq., 8.M.)

BEGIBTBAB OF ELECTORS V. W. CABBICK.

This was an application that defendant's name be struck off the Electoral Roll, on the ground that he did not hold the necessary qualification. Defendant did not appear, so the name was ordered to be struck put.

CIVIL SIDE. Judgments fob Plaintiffs.

Hewin Bros. v. R. Hill, M. Byan, and T. Kerr.—Claim, £5 3s, goods supplied, and costs 14<<; Burns v. Thomson, claim, £16 17s 4d, goods supplied. Defended Case, collins v. ahi pepene.

Claim, £20. Mr Brassey appeared for plaintiff, and Mr Miller for defendant.

Ahi Pepene, sworn, deposed—He agreed to pay plaintiff £20 on the 12th of January, 1880, on account of work done. He paid plaintiff £4 on account when he signed the paper acknowledging the debt, and also gave him an order on Mr Moore for £13. Plaintiff had ne?er told him the order was not paid. By Mr Brassey—On the 6th instant he was in Coutts' Hotel at Paeroa, in compauy with s- veral other gentlemen, and had some conversation with plainlifl about the £20. He did not (ell Sergeant .Russell that he owed the amount claimed. ■ He told bim that he bad paid some of the £20. He did not on that day sign a cheque for the amount and jjivc it to plaintiff, though plaintiff wanted him to do so. By Mr Miller—When he was at Coott's Hoteljhe was quite sober, bat Guilding*; the interpreter, was not.. Plaintiff and Guilding several times tried to get him to sign a document, but he would not. Win. Fraser deposed that he was in. Coutts' Hotel on the 6th inst., and re membered a conversation which look place there. Some conversation also took place between plaintiff, defendant, Guild ing, and himself, near the Court-house. Defendant then admitted that he owed. 1 plaintiff £16, and offered to give him. an order on the Bank of New Zealand -far Ike amount. At the conversation in Coutts' Hotel neither Guilding nor Collins were drunk. . Pepene, recalled, deposed—He .did not, have any conversation with plaintiff, arid Guilding on. the 6th near the,, Court House. ■

Jas. Collins, deposed—Defendant owed him the £20, but had given him an order for £19 on Mr Moon on account. He remembered the conrersation in Coutts' hotel; Guilding was not drank. Defendant said be would give him a cheque for three months for £16 if witness would ! •top proceedings against him. Defendant, said in English that he owed witness the money. A cheque was presented to defendant, but he refused to sign it, as the-money in the bank was his father's. Witness was then cross-examined at some length by Mr Miller, but ho new facts of consequence were elicited. MrJßrassej elected to take a nonsuit, with oosti, £4 6i» in addition to the adjournment costs, £4 sa. gIPP I.NP V.XQIVV V. PlilOtf. Claim, £19 19$, labour done,

Mr Brassey for the defendant.

Michael Magiun deposed that he made an agreement with defendant, by which witness was to quarry stone tor him. He had not brought the agreement with him, but produced a copy.

As it was necessary that the agreement should be produced in Court, the ease was adjourned for a week to enable the plaintiff* to serve defendants with a notice to produce the agreement, which he declined to do unless serred with the notice.

Adjourned Casks:*"

Trustees in the estate of R. M. Hawkes r. J. Geonan, claim £17 14s Bd, for a fortnight; M. G. Power f- Hoera te Mimijia, claim £16 11s judgment sum* mons, for one month.