RESIDENT MAGISTRATES COURT.

West Coast Times, Issue 601, 28 August 1867, Page 2

RESIDENT MAGISTRATES COURT.

Tubßday, August 27. (Before GL G. FitzGeraia, Esq., R.M.) Djbunk and Incapable.— John M'Leod and James Stevenson were each, fined 20s, or in default of payment, to be imprisoned for twenty-four hours. Lunacy. — George Brandt, on remand from the 24th instant, charged with being, of unsound mind, was committed to the Lunatic Asylum on the evidence of Drs Kyley and Beswiek. Bensusan v. Crawley.— Plaintiff claimed "to recover, the sum of Lll for stabling of ten horses. In this case defendant had paid 'L 5 4s into Court, for eleven nights. The plaintiff stated that the horses were brought to the stables on the 30th July, and remained there till the 10th instant. Pour of the horses running in. the Christchurch coach were away for three nights, but at the groom's request the stables j were kept for them Cross examined by the plaintiff— Witness • charged for the four horses, though they were away for three nights, because the groom gave orders that the ptalls were to be kept for them. The defendant stated that he had stabled his horses at the Hokitika Stables before the plaintiff kept them. He then paid only one shilling a night per horse, and not two shillings, as charged by the plaintiff. He never authorised the groom to give orders about the stalls being kept for the horses when they were away. — John* O'Brien, the groom, was called, ana denied that ho had given any orders to the plaintiff to fceejp the stalls, H§ hftd_ no authority tp

do so. — Anthony Marley, was called and deposed — that he was employed in the Hokitika Stables, for about twelve months before they were in the occupation of the plaintiff. One shilling a night was the price charged for horses standing in the stable. That was the price he (witness) now charged. The plaintiff was recalled by his worship, and on being questioned stated that he had never charged less than 2s per night. His Worship gave judgm- nt for the amount claimed Lll, deducting 24s for the four j horses which were away for three nights. Clayton v. Cullis. — A claim for 15s, for vntes. Mr Harvey for tlic plaintiff. The ; defendat stated that he had objected to paying any rates whatever. He stated I that ho had perused the Hokitika Municipal Ordinance, being under the impression that the rate was struck under that Ordinance. He held that the Hokitika Ordinance provided for the levying of rates on freehold property only. The property the rate of which it was now sought to recover was not freehold. The defendant further stated that the Council had not made any road to his premises. The approach to his house was almost impassable, and unless something was done he would have to leave his house, as it would be impossible to get to it. — His Worship stated that the defendant was laboring under misapprehension as to the Ordinance under which the rate had been struck. It had not been struck under the Hokitika Ordinance, but under the Christchurch one. But setting that aside, his Worship had already decided the point which the defendant had raised. Judgment was accordingly given for the amount claimed, with costs. Dyson r. Kemvv. Plaintiff claimed to recover the sum of Ll7 ss, being Ll6 5s the value of one ton of bran, and Ll the value of twenty bags. Defendant had paid Ll6 5s into Court. He contended that it was not the custom to charge for the bags unless a special agreement was | made to the contrary. He had returned the bags in question. It was the custom to charge for the bags in the first instance but to allow for them if they were returned. On the o,ther hand the plaintiff contended that it was customary to sell the bags with the contents unless it was specially arranged that they were to be returned, and in corroboration produced bills for oats purchased from Carey and Gillies, in which the bags were charged for. He called Mr J. R. Anderson, who corroborated his evidence. The defendant had sent the bags back, but he had i refused to receive them. He believed they were still in his store. The defendant called two witnesses who gave evidence in support of that given by him. He then called Mr Humphrey, who had been subpoenaed, but who had failed to appear, and the case was adjourned till the 28Lh instant in order that Mr Humphrey might attend. There were no less than sixty-five civil cases set down for hearing to-day, but those mentioned above were the only ones in which a defence was set up. The Court was then adjourned till 11 o'clock next day.