RESIDENT MAGISTRATE'S COURT.

Tuapeka Times, Volume II, Issue 84, 18 September 1869, Page 3

RESIDENT MAGISTRATE'S COURT.

(Before W. L. Simpson, Esq., R.M., and Horace Bastings, Esq., J.P.) Monday, Septembeb 13th.

Maclean v. Tubman. — Tubman was charged with having driven nineteen head of great cattle through the run of plaintiff without giving notice, in terms of the Ordinance. The charge was admitted by defendant, but he pleaded - ignorance of the law. The Bench remarked that it was a very perious matter, and in many instances persons lost their all by diseased cattle being driven from one district to another. As the plaintiff did not press for heavy damages, they would fine defendant in the sum of ss. a head, being the smallest amount they could inflict, £5 a head being the largest amount. Walsh v. Brougb. — An adjournment was asked for in this case and granted. There was a possibility that the case would be settled out of Court. Reid v. M'lntyre and M'lntyre v. j Reid. — Claim, £20 each. Upon hearing the evidence, the Bench dismissed the cases, each party paying their own costs. "Wednesday, September 15th. On Tie v. James Dally. — Dally was charged with having, on the 14th inst., assaulted On Tie at the Chinese Camp. The evidence went to show that on the evening of the above day four Europeans, of whom the prisonor was one, i entered the store of On Tie, behaved themselves in a very rude and boisterous manner, pushing the Chinamen about, and using violent and threatening language. They also took hold of ; pick handles, and commenced flourishing them about, thereby putting the Chinamen in great fear; and leaving the store, taking stones and • throwing them at the window of the store, whereby a window was broken. The prisoner pleaded not guilty ; but being recognised by all the witnesses, and the charge being fully proved, he was sentenced to fourteen days in gaol, with hard labour.

James Rutter, alias Jimie the Barber, was charged by John Ah Teng with having feloniously stolen from his dwelling, at Chinese Camp, one tin dish, one teapot, and one knife, of the value of 4s. The prisoner's guilt j being fully proved, he was sent to gaol for one month. j I Thuesdat, 16th Septembeb. Application of Jane Medwin for a billiard table license and slaughtering license granted. Taylor v. Quin. — Claim, £50 damages lor breach of agreement. The circumstances are these : — Quin, the manager of the Waikaka Water Race Company, entered into an agreement with Taylor to construct for the company some 90 chains of fluming at the rate of 30s. per chain, material to be furnished and laid on the ground by the company. The complainant commenced work, and in about one week the material ran short, having got a supply, he again commenced to work. He had finished altogether some 11 chains of the fluming. At this stage according to the plaintiff's evidence, the original agreement was by consent departed from, and another agreement entered into. The second agreement although written, was not signed ; but it was to the effect that Taylor was to get from the company, the sum of 10s. per day to superintend the work for defendant. In the second agreement they were to take each others word for the fulfillment. The plaintiff got a cheque for the sum of £24 as part payment out of £34 due to him for the work done. He went with the cheque to Tapanui, and had to remain some days befo-'e he could get it cashed ; when he got the money he returned, but was told that his services were not required. The plaintiff at this time had received an order from the manager of the race, and had paid ,the, same to Stewart & Gk>w for the balance of £10 due for work. ' l * For the defence, it was given in evidence that the original agreement was departed from at the urgent request of plaintiff, because he found he could not make anything of it. The new agreement was entered into by the full consent of the whole parties ; but the plaintiff had neglected the work by staying away from same. The defendant was compelled to supply his place with others. - It was also given in evidence, that some part of the fluming would 'cost some £4;' that itwas impossible for .plaintiff Jbo^ carry i the contract thrdugh • and ' that the I defendant ought to be .thankfjil for the caneelmfent of the old agreement. The Bench, after duly ceiistfrlng the whole evidence, dismissed the case. No order for costs was made. ' j P. "White r. A. Campbel.— Settled out of Court. , r , Walsk y. BrougL-r-Settled out of Oouri