RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume II, Issue 180, 27 February 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

"Wednesday, Feb. 26. (Before Chaa. Broad, Esq., R.M.) John Si/hes was charged with a breach of the Licensing Act. It appeared, however, that no summons had been served on the defendant, who

was absent on a voyage; under these circumstances, the iufonnation was dismissed. An information, for a similar offence, was laid against QottingTiam, was also dismissed, on account of informality. Ocdland v. Carr. —Service of summons was enlarged for 11 days. Whitfield v. Lofty. —This was an adjourned case for further evidence. Tho original claim was for £l6, but the sum of £l2 for salary having been disposed of in last hearing, the only question to be decided was as to the remaining sum of £l, value of some newspapers. Mr Cunningham proved that the papers claimed for he had offered to plaintiff, who had distinctly refused to toko them. Judgment for defendant. Kingsley v. Newton.- —Claim £2, for playing four nights at the Empire Theatre, namely, on the 6th, Sth, 11th, and Isth inst. The defence was that no performance had taken place on three of the nights in question, and that on the other the plaintiff had agreed to play gratuitously, it being the occasion of defendant's benefit.

Mr Singer gave evidence in support of the defendant, but in cross-exami-nation stated that having attended rehearsals, actors were usually eutitled to their pay, whether the performance took place or not. Judgment for £1 10s and costs. JBridson v. Anderson. —This was a claim amounting to £l4 12s Bd, of which sum defendant admitted being indebted all but £1 10s, consisting of a contra account not credited. Judgment accordingly, confessed for £l3 2s 8d and costs.

W. Johnstone, on behalf of plaintiff, applied for immediate execution, but sufficient cause not being shown, the application was refused. J3ridso)i v. and G 1 Kelly. —Mr Johnston for plaintiff. Claim £4 6s. Judgment by default. Glenn Brothers v. McNcale.

Mr Home appeared for the plaintiff, who are storekeepers at Brighton, where the cause of action arose, and according to his statement, confirmed by the evidence of Messrs. Glennis, manager, it appeared the claim of £3O 2s 6d arose out of a debt contracted by Bernard MeNeale, a brother of defendant's, for which an acceptance had passed. On bein pressed for payment reference was made by Bernard McNeil to the present defendant John McNeal, who in a letter produced consented to become responsible, and said he would accept a bill for the amount, On such being transmitted, however, he declined to accept it and the present action was brought.

For the defence it was stated by defendant, that though willing to pay this debt of his brothers, the plaintiff had not at first acquainted him about the acceptance given by his brother. He considered the plaintiffs ought at any rate to allow time for payment. Mr Home objected to time being allowed : but the Magistrate said he should give judgment for the amount claimed and costs, and on payment of the latter into court the defendant to have one month, for payment of the principal. The application of James Parsons for a publican's license, was granted.