RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume VII, Issue 357, 20 May 1874, Page 5

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

(Before E. H. Carew, Esq., R.M, and A. Stewart, Esq., J.P.) Tuesday, 19th Ma*. Mr. Copland made an application in Williamson v. Leslie that the summons might be served at the house of defendant. He showed that an ineffectual attempt had been made to serve the summons personally. Application granted. Herbert and Another v. Abraham Long. — Claim of £17 10s. 6d. Judgment for amount claimed, and 14s. costs of Court. [A. Stewart, Esq., J.P., here left the Court.] Herbert and Another v. Isaac Long. — Claim of £23 7s. 9d. Judgment by default for amount claimed, and 255. costs of Court. Smith v. Cowap and Smith v. Heaps. — Mr. M'Coy, who appeared for the plaintiff in each of these cases, said that Mr. Smith withdrew them, as the defendants had apologised, and paid the costs incurred. Higgins v. Hicks. — Amount paid into Court. Monaglmn y, Craig. — Claim of £2 for riding horse, at races. Amount paid into Court. Mr. M'Coy for plaintiff. Hay v. Michael.— Claim of £43 Bs. 9d. for oats sold at Gascoigne's sale by the plaintiff, an auctioneer, to the defendant. Mr. M'Coy appeared for the defendant. Plaintiff showed

that the oats were knocked down to defendant at 4s. a bushel, and that they had been since threshed and delivered. The case was rather long, several witnesses being examined on both sides ; but the matter turned rather on points of law than fact. The defendant showed that the oats were in the stack when ho bought them ; that the seller or his agent, Mr. liny, was) in a bettor position to know tho quality than lie (the buyer) ; that Mr. Hay sold them as first-class oats, but that they were inferior oats. The discussion between the Bench and tho Bar was chiefly on the effect of Mr. Hay's assertion when selling as to their being " first-class oats," and whether the maxim "caveat emtor " applied or not. Judgment reserved. Yak Low was charged on tho information of the Sergeant Farrell with stealing a coat, a cheque value £7 odd, and a £5 noto at Round Hill, from Alexander M'Swan, the groom of Chaplin and Co. The police asked for a remand of 7 days, which was granted.