RESIDENT MAGISTRATE COURT.

Westport Times, Volume V, Issue 819, 1 June 1871, Page 2

RESIDENT MAGISTRATE COURT.

(Before C. Broad, T. Gr. Macarthy and J. Henry, Esqrs., J.P.'s.) Monday, May 29. Simpson and M'Kee v. Morgan. Claim £7 for damage done to a mare belonging to plaintiffs by defendant. Mr Shapter appeared for plaintiffs. James Simpson stated that defendant had hired the mare from the stables on the 21st, and when she was returned she was Beriously injured. He also stated that the saddle and bridle that were on the mare were in a good state, and that the injuries could only have been inflicted by furious ingJohn Brownlie stated that he knew the hay mare Nelly, and saw the defendant riding her on the day in question. Saw him several times on that day. Part of the time he was riding in a manner that he would not care to ride in, as he considered it dangerous. Donald M'3eath and William Graham Jackson, also stated that they had seen defendant riding furiously. Duke Ballam stated that he was called in to see the mare, and found her " cracked" in the off fore leg, strained in the back sinew, and pretty well shook. • He estimated the damage at £7. She was unable to work when he saw her on Monday. Oa Tuesday last he yalued her at £2O. Thomas Dwan was also caljed and gave similar evidence to the last witness. Defendant stated that, when he took the mare, the man at the stable said she was a young animal and had not been let out on any occasion. He told him to hold her until she got out of the town and then he might let her gallop. He considered the saddle and bridle to be unfit for use, and believed that the mare fell in consequence. When he came back the man laid no damage on the horse, but said witness had broken the martingale. She ran away with him and he could not hold her; in trying to hold her , he broke the martingale. By Mr Shapter: Ido not know the age of the horse ; I believe she was young because she was so frisky- She went steady to the Nile hill, when she bolted. I got thrown before I got to the bottom of the hill. . James Fenton stated that on last Sunday week defendant wanted to hire a horso from him, but he would not give him one because- he was the worse for liquor. Saw him after with a fresh horse that was not a fit animal to give to a man in liquor. Saw him wheu he came hack; the mare was sweating, but none the worse, otherwise. He thought the value of the mare to be about £l4. Fred. Moore stated that he had seen the mare that morning in a loose box. Could not form any opinion about her as he could not examine her. Verdict for plaintiffs, £5 damages and costs.

Simpson and M'Kee v. Lupton, Claim, £l2. This was a similar case to the last, and judgment was given for £8 and costs. Behan .v. M'Carthy. The judgment in this case had been deferred, and Mr Broad stated that he had received an advice from the Provincial Secretary who stated that the case should be decided according to the Provincial Ordinance, he would therefore dismiss the case. WARDEN'S COUBT. Whittle and party v. Isaac. Claim £2, for timber. Defendant put in a set off, .which the Warden would not allow. Judgment for 30s and costs. APPLICATIONS. Jonathan Harle applied for a head race, which was objected to by Rows and party on the grounds that it would. back the tailings in their dam. Granted. Jeremiah Curtain: Tail - race: Ganted. William Ireland: Head - race: granted. John Paulkner applied for a dam, which was objected to by John Larkin, and registration refused. Charles Jenkins: Site •• for stacking tailings : Granted. J. M'Laughlin: Protection for tailrace : Granted. John Graham and party: Double area claim : Granted.