RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 200, 10 May 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G. G. FitzGerald, R.M.) Wkdnksday, May 9. ; Lunacy.— William Jones, brought up on remand from the Bth mstauti, charged with being of' unsottnd mind) was again remanded until tho 12th instant, for medical examination . Attempting to Commit Suich>E. — Jane Lyons, charged by the police with attempting to Commit suicidty by throwing herself into the river, was remanded until tho 12 th instant, for medical examination. CIVIIi CASES. An application for a ro-hcaring, in tho cas<! of Cook and Ilearn v. Ferguson,, made by Mr Oakes, on behalf of tho defendants was refused by the Court-. Hunter v. Lambton. — Judgment hyde-,-faulty tor Ll6 15s, and costs 9s 3d.,i6r carting. /- Falck and Turner v Calla^'nan. — Mr. South appeared for the -<fcelendant. Tho plaintiffs sought to /recover the sum of .£l6 Us 10d, the, -<;aluc of certain goods dfiT^vi 'oy the defendant in packing thorn from tho Hokitika to tho Ilau Hau ' diggings. By Mr. South— Goods were brought up by other packers on tho same day, without sustaining any damage-on the road. Refused to take dolivory of the goods when they arrived. Defendant left them in the store, as he had no other place to take them to. Bernard Falck called— said ho delivered the goods to defendant in good order and condition, aud held a receipt for them from him to that effect. By Mr South— Somo of the goods were missing. Did not remember defendant's tolling him his horso had fallen into a hole, and that he (defendant) had to obtain the assistance of ton men to take him out. Another witness, Abraham Wilson, said that he was present when the goods were delivered in adamaged state, and heard Mr. Falck refuse to tako delivery of them. By air South— Heard the defendant say something about his horso having fallen into a hole. Mr. South hero called John Callaghan, who stated that his horso had fallen into a hole, where ho lay for about two hours, until he could procure tho assistance of some men, who helped him to get him out. He further stated that ho had attempted to dry the goods immediately after ho got the horse out of tho hole, and that ho could not havo prevented the accident. By plaintiff— You refused to take delivery of the goods, By Mr South— l havo never been paid for the packing. A judgment was given for the defendant with costs. Curley and Co. v. Gibbons and Co.— Tho plaintiffs sought to recover tho sum of £69, for timber supplied to the defendants. The defendants had filed a set-off, amounting to £94 16s 9d, for goods supplied and labor done for the plaintiffs. Mr Johnson appeared for the plaintiffs; and Mr South for the defendants. Mr Johnson called Henry Darlcy, who said he was ono of the party of Curley and Co. An agreement was then read by Mr Johnson, by which the plaintiffs agreed to supply the defendants with 50,000 feet of timber, in logs cut in lengths as required, to be delivered at high water mark, and for which tho defendant agreed to pay them at the rate of 6s 6d per hundred feet (superficial measurement). Tho plaintiff Darloy then said he had signed the agreement, and stated that they had delivered 55,000 feet of timber, but had only charged the defendants for 50,000, which amounted in value to £150, and that thoy had received £81 on account, and now awed for the balance, £69. By Mr South. — Tho logs were always delivered at high water mark. Mr 1 Johnson called Michael Curley, who said he was one of tho parties who had signed the agreement in question. By Mr South.— We delivered 65,000 feet of timber to defendants. The timbor was measured by a man of the name of Rumble. Ho was not one of our party. Took tho length and girth of each log, and Rumble calculated the length. There wero 122 logs, and they mado up the 55,000 feet delivered. Tho logs were always delivered at high water mark. Mr Gibbons (the defondant) has not made the ground around the mill so that we could flood the logs up to tho mill. Delivered the logs within ten or twelve feet of the mill. After a summons had been served on Mr Gibbons ho presented us with a bill for £14 19s 6d for rolling the logs from whore wo had left them up to tho mill. Another witness was called by Mr Johnson, who also stated that he was ono of the party, and had also signed tho agreoment in question. By Mr South. — Assisted to raft the logs down the river. Do not romomber five of thorn washing out to sea. Mr Gibbons' mill was not surrounded by high water, unless thero was a fresh in the river. By the Court. — Knew that somo of tho logs had been washed out to sea after thoy had been delivered to Mr Gibbons. It was MiGibbons' business to securo the logs. Edward Rumblo, sworn, said he was given the length and girth of 122 logs, and calculated tho measurement, which camo to 55,000 feet. Was given the length and girth of tho logs by Darley. Mr South here called James Saunders Gibbons, who stated that ono of his men, William Wallace, had kept an account of the logs as they were delivered, and had measured them. The defendant had entered the measurements in a book as thoy were given him by Wallace. Had not received 55,000 feot of timber. Had only received according to Wallace's measurement, 29,979 feet, leaving a deficiency of 20,020 feet 10 inches. Tho logs wore not cut according to contract. Had boon told by tho plaintiffs that thoy had lost

somo of the logs whou they wei'o bringing them down to the ,nriu\ Wallace, swortt—'Mcasured the timber as jt \Vna brought to the mill by 'Ourloy and parly. The Jogs wcro npt de r livered at high-water mark, or Roarer than from sixty to .ninety, fqel;. $b 6 ground near^he.niilliihaa been improved iov the purpose {of allowing the wator to come nearer the mill. By the Court — Have heard Mr Gibbons complain about tho plaintiffs not bringing the logs up to highwater mark. Am not aware that any complaint waa made about the manner in which the logs were cut. Tho logs Wore always brought down at spring tides. Mr FitzGerald remarked that the whole question wns one as to measurement ;^nd*ho was of opinion 'that the amount su,ed for wa^ tho.. value. o£ the Quantity b£ timber delivered, aiul that if any timber had been lost\ it was after it had been delivered at the defendant's mill ; and that as to the timber not being cut according to contract, My Gibbon should not have used it if he was not satisfied with it. A judgmontwas accordingly given for the amount sued for, L 69, with costs. Rimmor and Co. v Camelford— For goods sold and delivered. Judgment by default for the amount claimed, Ll2 14s 3d, and costs. ltimmer and Co. v. Amesbury—Judgment by default for Ll4 4s, and costs, amount of an I 0 U. In the cases of Sphluter v. Latriptbn, Lewis v. Solomon, Fox v. foondor, there Was no appoarance of plaintiffs or defondants. Tho Court was then adjourned until eleven o'clock this day. The following list of civil cases is set down for heaving this day t — Pritchardv.j Rugp;, Reid v. Thomson, lining v. CyUorihcll, Bond v. Leo., YVinzcr v. Bull, Marks atxl Co.v. Freeman and Russell, Martin and Ingles v. M'Brido, Greenfield v. llyloy, Churches and Co. v. Fitzpatrick, Drumraond v. Newton, Spenco Bros, v Bmke, Bain and Hough toil v. Hall and Finlay.