RESIDENT MAGISTRATE COURT.

Westport Times, Volume VI, Issue 976, 4 June 1872, Page 2

RESIDENT MAGISTRATE COURT.

Monday, June 3. (Before J. Giles, Esq., E.M.) ASSAULT. Neville Bull, charged with assaulting John Rafferty, pleaded not guilty. Complainant deposed that on the 12th ultimo he " got in" a cottage held by defendant, of which he plaintiff, claimed to be the rightful possessor, and that defendant put him out again by main force, and afterwards struck him and tore his clothes. Constable Meredith gave evidence at request of complainant, but it went rather to prove that Rafferty was creating a disturbance by attempting to get possession of the house, and that Bull and another party were keeping him out. Case dismissed, defendant being allowed 10s costs.

CITIL CASES. 0. Brown v. J. Ciark.—Judgment summons. No appearance of defendant. Plaintiff having deposed, on oath, that he had caused enquiry to be made by reliable authorities at Wanganui as to the means of defendant, such proof in tbis case was held sufficient, and an order was made for £1 per week or imprisonment for one month. Patrick Vaughan v. J. L. Munson. Claim for £8 ss. for 33 days wages due to plaintiffs wife, for daily labor. £3 Bs. paid into Court. This was a disputed account as to whether plaintiff's wife was entitled to receive payment as an ordinary charwoman at so much per diem, or according to current rate of wage 3 paid to household servants. From the evidence of the defendant and wife, it appeared that Mrs Vaughan had when first commencing work, expressed a willingness to take anything they liked to give her, but afterwards when a new servant was introduced, she claimed to be paid daily wages. This plaintiff contradicted, but the balance of evidence was in favor of defendants. A verdict was given for 15s. per week current wages. Roche v. Callarly. Claim for £4l 11s. 10d., balance of money expended and for goods supplied. Judgment by default. John Corr v. Patrick Byrne. Judgment by default. W. Mailer v. Robert llaine. Adjourned for seven days.

WESTPOfiT WARDEN'S COURT. (Before J. Giles, Esq., Warden.) Moitdat, Svsk 3 Harold and party v. Enrickaen and party—Claim for £i7 12s lid half expense of making repairs to certain head-race, alleged to be due by defendants as holders with plaintiffs under certificates granted to both parties ; aud also for dissolution of partnership. Erom the evidence given it appeared that plaintiffs had originally bought the rights of Tilly and party, and Enricksen that of Sutherland and party to a head-race on Giles terrace each using a share of the water on their own claims. That defendants had afterwards discontinued to use it upon their original claim on the north side of the gully, but had taken it from a point higher up on to new ground on the south side, refusing afterwards to pay half the expense of repairing certain fluming forming part of the race still carrying water to plaintiffs' claim. The po:nt involved being whether it was competent in the case of partnership, for one party to give up a portion of responsibility and yet still hold a portion of the primary privilege to use the race, Mr Eishe'r for defendant, pleading that a com munity of interests as tenants in common in an amalgamated holding of a race under certificates originally granted to two distinct parties, did not involve the full liabilities of partnership. Judgment deferred until this morning. Jno Munro v. J. Eteveneaux — Claim for adjudication on question of jumping section at corner of Nelson and Wharf streets, and claim for £2O damages. Adjourned until June 10th at request of defendant. Applications for water races and protection for claims and sections will be heard this day at 10 a.m.