RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume III, Issue 213, 29 February 1872, Page 5

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

(Before W. L. Simpson, Esq., R.M.)

Thursday, February 22kd. Mary Allan, charged with being drunk and disorderly, was fined l0s.» and costs. The same female, for using obscene language, was sent to Dunedin gaol for two months.

Monday, February 26th. F. Nicoll v. John i^'Donata.—Adjourned till Thursday, Abraham and Isaac Long v. John Pe-ters.—-Claim, £41 55., money lent. Mr. Copljnd for plaintiffs, and Mr. M'Coy for defendant.

Plaintiffs, who are brothers to Mrs. Peters, stated that in August, 1869, defendant asked them to advance him the above sum for the purpose of paying the passage of his family from England, promising to pay them back in two years. They consented, and remitted the money to the Government immigration officer at Dnnedin. The necessary documents were sent home, and the family duly arrived. In. Daeesiber last they applied to Peters for the money, or Security. - He~r©plied that he was not in a position to pay, but he might be in twelve months. Peters deposed that the Longs came to him at the date stated about bringing out his family. He was not willing, as he would rather go home himself and bring them out. However, upon being pressed he yielded. He considered that he was not responsible for payment,' as it was an act of love on the part of- his brothers-in-law. They came to htm in last December about the matter, but he would not admit his liability. < Here a lengthy argument took place between the learned counsel,, which to the I general public is of no interest. The Magistrate remarked thati after stripping the case of all extraneous matter importedintoit, it simplyresblveditself into thequestion whetherthe money was lent or not. He regretted that such a case should come .before ths Beach, for settlement, as his dacision would have the effect of breaking up family tie», and occasioning bitterness of feeling between frieuds. He would reserve judgment until Thursday, and he hoped by that time that a better feeling would be established between the parties, and that they would see the advisability -of settling the matter between themselves.

Seurle and Davifoon y. CcuttpbeU. — Claim, £9 83. Settled out , of Court. Downey v. Airey.— Claim for £3 10s., for injuries done to plaintiflTs crops by defendant'B mare aiid foal. Mr. *M'€oy for plaiatiflp, and Mi-. Gooday for defendant.

The evidence for" the plaintiff went to show that on the morning of the 19fclt February, at half-past five o'clock, he found, defendant's mare and foal in his paddock- of wheat. The wheat. was of especial value, being of a good kind, and the crop was also very good. The damage done between .what was eaten, torn out of the ground, and trampled under foot, would extend to a quarter of an acre. He estimated the yield per acre at from 30 to 35 bushels, 'and he valued his wheat per bushel at Bs., and from the scarcity of the same in the colony, he had no doubt that said wheat" for next' year would rule from 12s. to 15s. His wit nesses were singularly unanimuns in their statements which corresponded with his

For the defence, it was urged that the damage done was very little ; that other animals had been seen amongst the crop ; and that apportion of the wh,3it alleged to, have been destroyed by defendant's mare bore the marks of having b3en previouslydone : also that ftie yiold per aore would not exceed from 20 to 25 bushels \ and that -the pric»3 would be about 6a. per bushel ; and npoft the whole, the damage done by defendant's mare at the most would only be trifling; ■ <i V Sis Worship gave judgment lor 155., coats of, Q<>tf#, and 103. expenses,