RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 257, 20 July 1866, Page 3

RESIDENT MAGISTRATE'S COURT.

Before Gh G. Fitzgerald, Esq., E.M. Thomda*, 19th July. _ Dkunk and iNCAP'AfcLE.— Thos. M'Guire and John Barrett were fined 5s for this ! offence, or in default 24 hours imprisonment with hard labor. _ Dkunk and Disorderly.— John Mulligan was fined 5s for being drunk, and 15s for disorderly conduct, or in default 48 hours imprisonment with hard labor. William Montressor, on remand from the 11th instant on three separate charges of forgery and uttering, was committed to take his trial at the Criminal Sessions of the Supreme Court now being held. Herbert Hewer, a witness in the last case, was discharged on a charge brought against him by the police for disobeying a summons. Larceny.— Henry Ilarney, a lad of about 13 years of age, in the employ of Messrs. Harnett & Co., was charged with stealing waste paper of the value of 7s. The charge was clearly proved against the lad, who had taken the paper out of the office, piece by piece, until he had got 14lbs together, when he sold the lot for 5d per lb to a person named Barnard, a bntcher, carrying on business on Gibson's Quay. Mr Shaw came forward and asked the Magistrate to deal leniently with the boy, and stated that he had brought the case before his worship as a caution to other boys. The lad was handed over -to his father, who was in Court ; the Magistrate telling him at the time to wait on him to-morrow morning.

CIVIL CASKS. Oakes v. Marsden.— For professional services. Judgment by default for full amount claimed, L 4 4s, and costs. Oakes v. Lyons & Prince.— For professional services. Judgment for amount claimed, L3l 19s 4d, and costs. Execution was stayed for fourteen days, in order that the defendants might have time to get the bill of costs taxed, they having stated that it was their intention to do so. Pearson v. Wylie.— For wages. Judgment by default for amount claimed, L 2 10a, and costs. Sequestrator in the bankrupt estate of A. G. Miller v. Johnston.— Mr Harvey appeared for the defendant. Mr Hardcastle produced tlie books of the estate, in which entries were made to the effect that four hhds of ale and five cases of champagne had been supplied to the defendant, and the account rendered. The defence set up was, that the goods had been ordered, but countermanded, and that, although the same goods had subsequently been supplied to the defendant, they were then supplied on account of one John Ellis, whom he had paid. As the receipts" on Miller's account were not produced, a judgment was given for the defendant, with costs. Donne v. Stevens. I—Mr1 — Mr Barton, instructed by Mr Campbell, appeared for the plaintiff ; Mr Rees appeared for the defendant. This was an action brought by Mr Donne against Professor Stevens, to recover the sum of LIOO, on illegal breach of contract. On the 13th June last Mr Stevens agreed to accompany Mr Donne to Ilokitika and other places, for the purpose of exhibiting. The engagement was I for thirty-six nights, exclusive of the time spent in travelling, and the remuneration was to be LIOO, Mr Donne paying all hotel and travelling expenses. On arrival at the Grey last Friday week, Mr Stevens' troupe performed on that night and on the Saturday following. On Monday, however, Mr Donne learning that a steamer was about to call at the Grey and take up passengers for the northern ports told Mr Stevens to pack up and be in readiness for a start. As Monday passed on it became known that that no steamer would call there on that day, and Mr Stevens performed that night at Mr Kilgour's Union Hotel. N Mr Donne alleged that this was a breach of his contract. Mr Barton opened the plaintiff's case, and called Mr Donne, who proved the agreement between himself and Mr Stevens, and the consequent performances at Hokitika and the Grey. Plaintiff also stated that Mr Stevens had, in direct opposition to his orders and wishes, agreed with Mr Kilgqur to play for him that night. The plaintiff's loss would be considerable, as he had already spent a large sum in -bringing Mr Stevens and company here, and maintaining them at different hotels, besides advertising, <kc. His loss he estimated at considerably over Ll 00. For the defence, Mr Rees conteuded that by the wording of the agreement, Mr Stevens was only bound to provide his entertainment for the plaintiff when required, and inasmuch as Mr Stevens had proffered his entertainment on this very day, and the plaintiff had positively declined it, he had not broken the agreement by playing for another person. The defendant had not-pro-mised not to play for any other person, and therefore he had not broken his contract by so doing. Mr Rees called Mr Stevens, Mr Kilgour, and Mr Cooke, who all proved that, Mr Stevens had asked Donne whether he would require the services of the troupe on the Monday night in question, and that Donne had distinctly declined, and that it was after this that Kilgour and Stevens came to their agreement. The Magistrate reserved his judgment until this morning;. Wilson v. Keating.— Judgment was given for the full amount claimed, L 37 — amount of an IOU.

The Court was adjourned until eleven o'clock this day.